To Be or Not To Be: Conflict Resolution as a Discipline
by Ray Leal
NOTE: This article is reprinted with permission from the February/March
1995 Issue (Vol 55) of The Fourth R, The Newsletter of the
National Association for Mediation in Education (now the Conflict
Resolution Education Network of the National Institute for Dispute
Resolution).
In academic circles one's discipline is generally considered a
body of knowledge that distinguishes one's view of the world from
other views. For example, the sociologist studies societal processes
and groups while the legal scholar uses jurisprudence and legal
reasoning to explain the world. While in the past many research
efforts were limited to investigation in one discipline, serious
research is increasingly characterized by collaboration among researchers
from several academic disciplines. I will argue that conflict resolution
is emerging as a new discipline which has grown out of these innovative
collaborations among various disciplines.
Is conflict resolution destined to become a discipline or is it,
as critics claim, just a passing fad? Most disciplines include a
specialized body of knowledge to be mastered, specialized areas
(sub-fields) of knowledge, accepted theories of models, research
protocols, established journals of research findings, application
of disciplinary knowledge to societal problems, professional associations,
and licensing in some cases. Conflict resolution in all its forms
(negotiation, conciliation, mediation, and arbitration) is as old
as human nature. Anthropologists have found ADR practice in many
different cultures including a Chinese, Native American and the
Quaker culture.
The growth of conflict resolution over the last fifteen to twenty
years in America points to its recognition as a discipline in some
circles. First with regard to a specialized body of knowledge, students
of conflict resolution must come to know conflict theory, communications
skills, cultural styles and models, problem solving, or organizational
theory, change management, and legal processes. Clearly these elements
of knowledge point to a variety of disciplines that include, among
others, law, sociology, political science, communications, and education.
The conflict resolution practitioner, student, and scholar must
be prepared to adopt an interdisciplinary view of the world.
Second, conflict resolution now includes specialized areas of knowledge;
it is rare to find a conflict resolver who has mastery of all the
sub fields. We find conflict in our schools, families, neighborhoods,
organizations, and all levels of government, and conflict resolvers
have specific knowledge about the procedures, skills, and techniques
appropriate for a specific context or location. Specialists in conflict
resolution today include negotiators, arbitrators, conciliators,
attorney mediators, training consultants, community mediators, school
and university mediators, and multi-party public policy and environmental
mediators. As conflict resolvers, we must accept the substantive
limits of our knowledge and our procedural skill training, and allow
these limits to determine in which conflicts we should intervene.
Third, the pioneering works of Boulding, Deutsch, Fisher, and others
have presented us with some theoretical underpinnings of a discipline.
Since those early years, hundreds of books dealing with conflict
resolution have been published and a variety of academic degree
programs established which grant graduate degrees, including the
doctorate, in conflict resolution. Theory building in this new discipline
is on-going and in an exciting phase for scholars of the field as
a variety of models are available for investigation. These models
include the in-class curriculum model, the school based mediation
model, law related education, university based mediation programs,
the community based model, the collaborative school/university/community
mediation model, academic programs, the environmental/public policy
model, the organizational model, and the court ordered mediation
model. Proponents of these various models include the nation's schools,
universities, community dispute resolution centers, law schools,
courts, criminal justice agencies, corporations, and governments.
A fourth element of a discipline is its research agenda and protocols
and the means (established journals) to disseminate research findings.
Recently a meeting at Columbia University brought together some
of the researchers in the field to begin devising the research agenda
for the remainder of the decade. In the 1980s, journals and newsletters
were established for the field of conflict resolution. Increasingly
today, articles concerning conflict resolution are finding their
way into journals from other disciplines such as education. Research
has been conducted; while some of it may have been an anecdotal,
efforts to conduct more rigorous research are under way. The recent
merger between school and university mediators and scholars in NAME
lends strength to this effort. The primary reason for limited research
projects at this point has been the emphasis on the application
of conflict resolution skills. In arenas badly in need of new ways
to resolve disputes, notably schools, communities, and courts, the
conflict resolution practitioners have been busy. Now that conflict
resolution is known at a national level, research funds should become
more available. At this juncture, research should focus on assessing
the effectiveness of the conflict resolution work of the past decade.
Finally, it seems that an accepted discipline forms its own professional
associations as a means to share information, developments, and
research as well as a way to determine appropriate standards for
the discipline. Conflict resolution associations such as NAME, NCPCR,
NIDR, SPIDER, the Academy of Family Mediators, various Canadian
associations, and the American Bar Association's Dispute Resolution
Section have acted as clearinghouses and have brought together various
segments of the discipline through annual conferences. Training
centers such as Community Boards, CDR Associates, Illinois Institute
for Dispute Resolution, New Mexico Center for Dispute Resolution,
and many other state and regional training organizations have helped
to set standards for the training of conflict resolvers. While standards
and codes of ethics have been developed, the certification or regulation
of conflict resolvers, particularly mediators, varies from state
to state. Recently, conflict resolvers have talked of establishing
national standards for certification. A closer association among
the major conflict resolution organizations would allow for a standardized
code of ethics and qualifications and thus for the self regulation
of the discipline by its members.
Based on these developments, I conclude that the field of conflict
resolution has matured into a new but stable discipline. However,
one must accept the interdisciplinary nature of the field; while
new doctoral programs in conflict resolution have emerged, these
programs take an interdisciplinary approach to their curriculum.
The interdisciplinary nature is hopeful because, as any practitioner
knows, conflict happens in many places and levels in our society.
Like other new disciplines, conflict resolution will mature and
change over time and ultimately, I expect, make a major contribution
to our knowledge about the world. As peacemakers we must usher in
the new millennium with peace in our minds, hearts and spirits.
As chief Joseph once told us, "We shall see in the end. Perhaps
we are all brothers and sisters."
Ray Leal is Chair of the Public Justice Department at St. Mary's
University. He served as Interim Co-Excecutive Director of NAME
and Chair of Name's Advisory Council. He can be contacted at St.
Mary's University, One Camino Santa Maria, San Antonio, TX 78228-8574,
21O-436-3224 210-431-2137 (fax), pbray2vax.stmarytx.edu.
References
Boulding, K. (1962). Conflict and Defense. New York: Harper
and Row.
Deutsch, M. (1974). Resolution of Conflict. New Haven: Yale
University Press.
Fisher, R. and Ury, W. (1981). Getting to Yes: Negotiating Agreement
without Giving In. Boston: Houghton Mifflin.
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