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Summary QLLM385-Week 1 Class Outline Nature of Conflict
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QLLM385-Week 1 Class Outline Nature of Conflict
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Week One: Nature of Conflict and Emergence of DisputesOverview
After introducing the elements of the module and my expectations of you, we will
explore the nature of conflict and the emergence of disputes. In particular, we will
consider the sources of conflict and dynamics of disputes. People approach conflict in
different ways – for example, how do you respond to conflict? This is one issue we will
explore. Why and when do people take action on their disputes and similarly, why don’t
they? These are some of the issues that we will be introduced to in this class.
Required Reading
Simon Roberts & Michael Palmer, Dispute Processes: ADR and the Primary Forms of
Dispute Resolution (Cambridge: Cambridge University Press, 2005) pp 1-7, 79-111.
Debbie De Girolamo, The Fugitive Identity of Mediation: Negotiations, Shift Changes
and Allusionary Action (London: Routledge, 2013), pp 1-9.
W. Felstiner, R. Abel, & A. Sarat, “The Emergence and Transformation of Disputes:
Naming, Blaming, Claiming…” (1980-1) 15 Law and Society Review 631.
Carrie Menkel-Meadow, “Mothers and Fathers of Invention: The Intellectual Founders of
ADR”, (2000) 16 Ohio St. J. Disp. Resol. 1.
Legal Services Research Centre, Causes of Action, Research Report, 2004 at <
http://www.justice.gov.uk/downloads/publications/research-and-
analysis/lsrc/2011/Causes-of-Action.pdf>
>. See also, 2006 updated report at
<http://www.justice.gov.uk/downloads/publications/research-and-
analysis/lsrc/2007/cofa2006.pdf>
Optional Background Reading
Genn, Hazel, Paths to Justice: What People Do and Think About Going to Law, (London:
Hart Publishing, 1999)
Lynn Mather & Barbara Yngvesson, “Language, Audience, and the Transformation of
Disputes” (1980-81) 15 Law & Society Review 775.
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