CMRAI-C7: Conceptions and Practice

Class: IS404 Created Time: December 6, 2021 6:20 PM Database: Class Notes Database Last Edited Time: December 14, 2021 2:14 PM Type: Reading Notes

Main Topic of Chapter: How to resolve issues from adversaries in pursuit of incompatible goals?
Different types of disputes require different resolution framework/approach
- Neighbor complains, rent payment, environmental issue, economic policy
- An interest-based framework can be used to set a ‘settling price’ for land disputes
  - Why: encourages compromises based on division of loss & gains
- Stakeholder approach: must be used when the solution requires all parties cooperation
- Needs-Based approach seeks coexistence with the agreement of removal of exploitative and oppressively relationship
Protection of human rights is the main goal of restoration of justice
- If legal, moral, political rights are abused, Support groups can be formed to provide advocacy help to the victims
Difference between international and domestic judicial process
- Int: doesn’t have as strong legal mechanisms for protecting victims (human rights)
  - Not enough enforcement power to ensure judgement get met
- Dom: perpatrators can easily manipulate justice system against victim
  - biased judge, the powerless’ inability to afford representation to challenge institutional power

Interest Based Bargaining

Interest based approach is the utilitarian value of the “greatest good to the greatest number”

Are suitable for deputes that do not involve widespread violence, confrontations with authorities, or defiance of legal norms
Discourage the use of emotions
A compromise (division of loss vs gain) is obtained through mediation or negotiation
Not appropriate for disputes with underlying grievances, deeper concern, tension, or emotions.
Not through busy bureaucratic court system, but through mediation, quicker & cheaper