Graduate Studies in Dispute Resolution:
A Delphi Study of the Field's Present and Future
by
William C. Warters, Ph.D.
Wayne State University
NOTE: This is a pre-publication version of an article that has
since been published in the Online Journal of Peace and Conflict
Resolution (Vol
2 No 2)
Within the last 15
years there has been tremendous growth in academic courses and programs
in conflict management and dispute resolution, especially at the
graduate level. In this article I present findings from recent exploratory
research attempting to map the contours of graduate-level academic
study in dispute resolution. Changes in the field as it has matured
are examined, as are the core skills, knowledge and literature considered
essential for future practitioners in the field, ethical challenges
faced by dispute resolution programs, and thoughts on the possible
role of universities in certifying conflict intervenors. For current
purposes the terms conflict management and dispute resolution programs
are used more or less interchangeably, and are meant to be distinguished
from peace studies programs, which have also experienced important
growth and change, but which are beyond the scope of this study.
In 1986 sociologist Paul Wehr conducted a national survey (Wehr
1986) exploring the teaching of conflict resolution. He identified
a rapidly growing number of academic courses in conflict resolution
that were widely disbursed among various disciplines and practice
areas. Out of 500 universities surveyed, 294 offered at least one
course. The survey showed a great deal of course proliferation,
but not much integration. Instead, the emphasis was on curriculum
infusion, with one or more courses on conflict resolution-related
topics being added to existing courses of study in a broad range
of areas. Over 50 percent of the courses surveyed were concentrated
in law, government/political science, sociology/anthropology, business/commerce,
and management/organization. Techniques such as negotiation (31.0
percent), collective bargaining (27.9 percent), arbitration (20.0
percent), and mediation (14.3 percent) topped the list of methods
addressed in these courses. The survey further revealed that the
predominant conflict "arena"was by far Labor Relations
(34.1 percent), followed by Public Policy (11.0 percent), Commerce
(7.9 percent), and Minority/Majority Relations (7.0 percent).
In the ten years since Wehr's study the field of dispute resolution
has continued to grow and change, and academia has followed suit.
The field is adopting a more integrated and comprehensive approach
to the study of dispute resolution, something relatively absent
in 1986. This trend is evidenced by the rapid emergence of numerous
graduate-level academic programs focused specifically on conflict
management. The very existence of these programs adds growing support
for viewing dispute resolution as a distinct academic discipline
in its own right. There is also an increased emphasis being placed
on conflict interactions at the interpersonal level, and on the
development of mediation skills, in comparison to the earlier emphasis
on intergroup conflicts and arbitration and collective bargaining
skills that was evident in Wehr's findings. Mastering negotiation
techniques, which cross many areas of practice, still remains central
to the field.
There are now at least 20 programs in the United States that offer
graduate certificates, master's, or doctoral degrees specifically
in dispute resolution or its equivalent, and many more are under
development. With about half of these programs just beginning to
offering their degrees in 1995 or later, the field is quite young
overall.
Responding to issues raised by the rapid
growth of graduate programs, the Department of Dispute Resolution
at Nova Southeastern University hosted a national meeting to explore
the direction the field is taking. A number of prior graduate program
gatherings helped set the stage for this meeting. A group of conflict
resolution degree program representatives met at the National Association
for Mediation in Education (NAME) conference in 1994, and a day-long
session on dispute resolution in higher education was held at the
National Conference on Peacemaking and Conflict Resolution (NCPCR)
in 1995. Participants at the NCPCR session recommended a longer
meeting of faculty and administrators from academic programs, to
provide adequate time to explore the wide range of issues faced
by emergent programs. The subsequent 2 1/2 day meeting at Nova Southeastern
University in Fort Lauderdale occurred in March of 1996, and was
attended by representatives from 15 different graduate-level university
programs.
In preparation for the Nova symposium the author conducted a Delphi
survey entitled "Mapping the Contours of Graduate Study in
Dispute Resolution" (Warters, 1996) to identify areas of concern
for these programs, and to explore current practices and beliefs
about how to prepare professional dispute resolvers. The Delphi
survey method was originally developed in the 1950's by the Rand
Corporation for use in military planning and forecasting, but it
has since seen much wider application. The method involves a multi-stage
process that requires the collection and synthesis of data from
a panel of experts from within the field of study. The approach
has been characterized as "a method for the systematic solicitation
and collection of judgements on a particular topic through a set
of carefully designed sequential questionaires interspersed with
summarized information and feedback of opinions derived from earlier
responses" (Delbecq 1975, p. 10). The strengths of the method,
with its anonymous responses and multiple rounds, are that it permits
a group of individuals experienced in a particular field to learn
more about what others in their field are thinking, develop some
shared judgements and an understanding of where strong differences
may exist, develop priorities, and modify their initial impressions
based on feedback.
DELPHI SURVEY METHODS
The process for conducting the study reported here involved an
initial gathering of topics of interest to graduate program representatives,
followed by a broad internet and mailed solicitation of nominations
of people who would be appropriate participant "experts"
for the study, based on the following general criteria:
a) One or more years experience teaching dispute resolution at the
Graduate Level; and/or
b) Three or more years experience teaching dispute resolution at
the undergraduate level, and/or
c) Significant experience as an administrator of a graduate program
specifically focused on dispute resolution.
From the initial pool of nominations, thirty-five (35) respondents
were formally invited to participate, and of these, twenty-two (22)
agreed to complete the required three rounds of the survey. This
group of participants ranged in age from 29-58 years old, and had
a collective experience of over 137 years teaching or administering
ADR courses. Their areas of academic training included 20 different
advanced degrees covering the entire spectrum of social and behavioral
sciences. It may be important to note that none of the participants
were teaching or working in a law school, although a number had
law degrees.
The survey process began with the distribution of a relatively
open-ended set of elicitive questions used to identify beliefs and
practices in areas such as 1) core knowledge and skills that graduate
students should master, 2) essential reading and resource materials,
3) skill training supervision methods, 4) beliefs about certification
of practitioners, 5) beliefs about necessary academic standards,
6) the role of research in these programs, 7) ethical challenges
faced by programs, 8) distinctions between doctoral and masters
programs, and a number of other areas. The qualitative results received
in the first round were summarized. Similar statements made by various
respondents were grouped together into succinct statements 1,
with all responses remaining anonymous.
The resulting series of statements and lists were then sent back
to the whole group in a second mailing, to be rated on a 7-point
scale (for most items) according to how accurate or important participants
thought these concepts were for the field. Participants were also
invited to comment on any statements from round one. The second
round of surveys was collected and some basic statistics were calculated
for each item, including the average score (the mean), the range
(i.e., the highest and lowest score each particular item received,
an indication of how wide a difference of opinion exists), and the
interquartile range (which provides information on where the central
50% of the group placed each item, providing the central tendency
of the group). This statistical information on how the group as
a whole rated various statements was then sent back to the participants
in round three, where they were given one final opportunity to rank
and rate items based on the new information and any additional comments
made during round two.
A portion of the results from the third round is presented here.
While not definitive for the field as a whole, as each group of
experts will differ in their perceptions and practices, these findings
are thought to represent a pretty good sketch of the current thinking
and practice in graduate programs in dispute resolution, illustrating
areas where there is some consensus, and areas where there is still
considerable differences of opinion and practice. The results should
help lay the groundwork for future discussions, elaborations, and
refinements as the field defines itself and continues to mature.
RESULTS FROM THE STUDY
Some of the results from the study's third round are presented
in a series of tables, with items or statements with higher average
scores (i.e. higher levels of agreement or perceived importance)
listed first in descending order. The statements or items on the
lists were drawn directly from participant responses to the open-ended
first round of the survey. While rankings provide important information,
readers should consider list items important in themselves because
they provide some indication of what people in the field are concentrating
on. In addition to looking at the average score of each item, it
is also useful to consider the range, as this indicates how widely
the scores varied, giving one a sense of how broad the diversity
of opinion there was in the group on any particular item.
As a starting place, participant experts were asked to comment
on the current focus of dispute resolution as an academic field.
As the statements and rankings presented in Table 1 indicate, Dispute
Resolution was thought to be by its very nature interdisciplinary,
both theoretical and practical, and to hopefully be more science
than an art.
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Go To Table 1
-----------------------
When queried as to what they might hope to gain from a meeting
of dispute resolution graduate program representatives there was
a broad range of responses as indicated in Table 2. The emphasis
was on simply getting to know what others were actually doing in
this still emergent field. There was also considerable interest
in collaboration among programs to help define the field's core
curriculum and set some general standards to help further develop
and refine it 2.
-----------------------
Go To Table 2
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CORE SKILLS AND KNOWLEDGE AREAS
To get at the very essence of the academic enterprise, participants
were asked to identify and then rank the core skill competencies
students should take away from masters-level programs 3.
As seen in Table 3, the list of core essential skills indicates
a shift away from the labor relations, arbitration-oriented emphasis
found in Wehr's 1986 study. In the current survey, mediation skills
are listed as most important, and while arbitration skills are still
mentioned, they are ranked last out of a group of 19. Negotiation
appears in the group of skills considered second in importance only
to mediation.
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Go To Table 3
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In addition to skills, study participants were asked to identify
essential areas of content knowledge that graduate students should
master. The 12 areas most highly rated are listed in Table 4, out
of a total of 28 areas identified. The diversity of areas identified
is perhaps not surprising, given the interdisciplinary nature of
the field, and the wide range of academic backgrounds study participants
came from. Knowledge about the Labor-management area, which was
the most common area of emphasis in Wehr's study, was listed as
important by respondents, but was not highly ranked, at number 22
out of 28. Game theory, another key area of research and theorizing
in the early days of the conflict resolution field, is also mentioned,
but is listed last out of 28.
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Go To Table 4
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Participants were asked to list readings that they felt were essential
for students in the field. The entire combined list was then reviewed
and rated by all participants, resulting in a ranked list of suggested
readings. While the rating of the list is biased based on how well
known a book is, the list does provide an interesting glimpse at
works that are currently seen as central to the field. The top 25
books of a much longer list of books and articles 4
is presented below in descending order of ranked importance.
Top 25 Essential Readings
(Books, in descending order of ranked importance)
Getting to Yes; Fisher, Ury and Patton (Boston: Houghton
Mifflin, 1981)
The Mediation Process; Moore, C. (San Francisco: Jossey-Bass,
1986)
The Promise of Mediation; Bush and Folger (San Francisco:
Jossey-Bass, 1994)
Social Conflict: Escalation, Stalemate and Settlement; Rubin,
Pruitt and Kim (New York: McGraw -Hill, 1994)
The Art and Science of Negotiation; Raiffa, H. (Cambridge:
Kelknap Press of Harvard University Press, 1982)
Getting Disputes Resolved; Ury, Brett, and Goldberg. (San
-Francisco: Jossey-Bass, 1988)
The Resolution of Conflict; Deutsch (New Haven: Yale University
Press, 1973)
When Talk Works: Profiles of Mediators; ed by Kolb (San-Francisco:
Jossey-Bass, 1994)
Negotiation Theory and Practice; ed by Breslin and Rubin
(Cambridge: Program on Negotiation at Harvard Law School, 1995)
Dispute Resolution; Goldberg, S. B, Green, E. and Sander,
F. (Boston: Little, Brown, 1985)
Mediation Research; Kressel & Pruitt (San-Francisco: Jossey-Bass,
1989)
Getting Past No; by Ury, W. (New York: Bantam Books, 1991)
The Manager as Negotiator; Lax and Sebenius (New York: Free
Press, Collier Macmillian, 1989)
The Functions of Social Conflict; Coser (Glenco: Free Press,
1956)
Negotiating Rationally; Bazerman and Neale. (New York: Maxwell
Macmillian, 1992)
Breaking the Impasse; Susskind & Cruikshank (New York: Basic
Books, 1987)
Negotiation; by Lewicki and Litterer (Homewood: R.D.Irwin,
1985)
Mediation: A Comprehensive Guide; Folberg, J and Taylor,
A. (San-Francisco: Jossey-Bass, 1984)
The Mediators; Kolb (Cambridge: MIT Press, 1983)
Conflict: Resolution and Provention; Burton, J. W. (NY: St.
Martin's Press, 1990)
The Evolution of Cooperation; Axelrod (New York: Basic Books,
1984)
The Skilled Facilitator; Schwartz (San-Francisco: Jossey-Bass,
1994)
The Sociology of Social Conflicts; Kriesberg (Englewood Cliffs,
NJ: Prentice-Hall, 1973)
The Culture of Conflict; Ross, M. H. (New Haven: Yale University
Press, 1993)
Disputes & Negotiations: A Cross-Cultural Perspective; Gulliver,
P.H. (NY: Academic Press, 1979)
In terms of becoming a discipline with its own body of knowledge,
the increasing amount of scholarly writing on dispute resolution
is quite encouraging. In addition to books, survey participants
also listed and then ranked the journals that they used and felt
were central to the field. Table 5 presents their final ranked list.
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Go To Table 5
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PEDAGOGICAL ISSUES
As an applied field that is attempting to focus both on theory
and practice, graduate dispute resolution programs are engaged in
the challenge of developing and refining methods of instruction
that will meet the needs of a diverse group of students working
in a wide range of practice areas. Survey participants were asked
to identify some of the common pedagogical challenges that are faced
by emergent dispute resolution programs. Table 6 presents the list
they identified. As you will see, the primary concern is helping
students develop critical thinking skills, rather than simply mastering
and applying a rigid set of intervention techniques. Also interesting
to note is the concern mentioned over finding faculty qualified
to teach in such an interdisciplinary field as dispute resolution.
Most faculty currently active in the field were trained in a single
discipline, and approach dispute resolution from that disciplinary
perspective. As more doctoral students graduate from Ph.D. programs
emphasizing dispute resolution, a more truly interdisciplinary faculty
base for dispute resolution should emerge.
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Go To Table 6
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As Table 6 also indicates, one of the challenges facing programs
is developing methods of evaluating student skill acquisition. Most
programs make use of some form of practicum or internship as part
of the basic curriculum, but skill training is also going on in
most other courses as well. Survey participants currently working
in a graduate program were asked to identify the methods their programs
were using to supervise and support student skill development. Table
7 presents these methods, beginning with the most commonly used
approach, which is watching and evaluating students as they intervene
in roleplayed simulations of disputes. This area continues to be
a challenge for programs, as they seek to impart both knowledge
and skills, and most academic programs are more proficient at measuring
students knowledge acquisition (i.e., through quizzes, exams, and
papers) than they are at measuring and evaluating skill acquisition
and demonstration.
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Go To Table 7
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The survey also surfaced a range of general issues facing program
administrators and faculty that were lumped under the rather broad
heading of ethical concerns. As you will note when reviewing this
list in Table 8, most of the statements deal with concerns over
maintaining the general integrity of the field as it grows and matures.
Of primary concern was avoiding the imposition of one method of
practice as the only way. Given the current debates over facilitative
versus evaluative mediation, this concern is not surprising.
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Go To Table 8
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Participants approached the question of how professional practice
ethics should best be addressed within the academic context, as
presented in Table 9. The general consensus was that discussions
of ethics should occur continuously throughout the academic program,
rather than being relegated to one course or simply left in the
hands of professional organizations that may provide some monitoring
of students after they graduate.
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Go To Table 9
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While there was a relatively strong belief that professional certification
was coming, as you will see from the variety and range of responses
in Table 10, there was no consensus within this group as to how
it should best be dealt with, and what role universities should
play in this process.
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Go To Table 10
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Finally, given all the energy put into preparing students for conflict
intervention work, a central concern of new ADR programs was the
type of job market that exists for students of the field. Most programs
have a professional orientation. Table 11 presents a list of belief
statements from the Delphi group on this topic. The statements were
rated in a manner suggesting that students of dispute resolution
will need to be entrepreneurial in carving out new roles within
existing structures. Some of the older academic programs are now
beginning to track their graduates as they move through the workforce,
which should provide us with more concrete data on this important
area in the future. This kind of research will be quite important
as we look to see if the skills and content taught by programs is
actually what students need when they get out in the field.
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Go To Table 11
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CONCLUSION
The field of graduate studies in dispute resolution is growing
rapidly, and student interest in the programs seems high. As the
amount of research, specialized knowledge and distinct practice
areas in the field continues to expand, it becomes harder and harder
for aspiring dispute resolvers to learn all they need to know through
self-study or mentoring. Thus, it appears that graduate level dispute
resolution programs will inevitably become an important site for
the training of new dispute resolvers.
As a truly interdisciplinary area, dispute resolution programs
face the ongoing challenge of integrating knowledge and concepts
from a wide range of disciplines and practice areas, while at the
same time developing their own identity and point of view on conflicts
and conflict management approaches. The Delphi study results presented
here help to define the current contours of the field, and to highlight
some of the changes in the study of dispute resolution since the
mid-1980's. More research is needed on the types of students going
into the field, the kind of skills they most need to be successful,
and the best practices for teaching dispute resolution approaches.
While there is some interest in establishing basic standards for
graduate programs in dispute resolution, it seems prudent to avoid
overly rigid standards and support the continued proliferation of
diverse program designs as we study what works and for whom and
for what type of practice. Hopefully the collaborative spirit evidenced
by the graduate programs representatives up to this point will continue,
and the sharing of knowledge, approaches, and challenges will continue
to enhance the development of the field.
NOTES
The author would like to thank all of the Delphi survey participants
for their willingness to share their ideas and opinions so freely,
and for their willingness to participate in multiple rounds of surveying.
1. The author thanks Loraleigh Keashly and
John Lande for their assistance in summarizing the large number
of comments made by Delphi study participants, and Loraleigh Keashly
for her assistance getting the mainframe to properly run the statistics
for the study.
2. While information on proposed program standards
was gathered, it is not presented here, as it is beyond the scope
of this article.
3. This was also done for doctoral programs,
but is not reported here due to the relatively small number of doctoral
programs currently in existence.
4. The complete reading list is available at
the Campus Mediation Resources Web.
REFERENCES
Delbecq, Andre , Andrew Van de Ven, and David Gustafson. 1975.
Group Techniques for Program Planning: a guide to nominal group
and delphi processes. Middleton, WI: Green Briar Press
Warters, W. C. 1996. Using the Delphi Method to Map the Contours
of Graduate-Level Training in Dispute Resolution. Unpublished paper
presented at International Association for Conflict Management,
June 2, Ithaca, New York.
Wehr, Paul. 1986. Conflict resolution studies: What do we know?
NIDR Dispute Resolution Forum April: 3-4, 12-13.
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