Comparing the Typology of Disputes Essay Example
Comparing the Typology of Disputes
Brittany Davis
2/26/2013
LS308: Law and Society
Comparing the Typology of Disputes
According to anthropologists Lauren Nader and Harry F. Todd disputes are described as “a problem that escalates beyond an initial disagreement” (Barkan, 2009). There are three stages to the dispute process that Nader and Todd talk about. The first stage is called grievance, the second conflict, and the final dispute. Each stage has its own description and characteristics. In the first stage, grievance, there is a situation or disagreement that one part has found has unfair or unjust (Barkan, 2009). Nader and Todd make sure to point out that this grievance can be real or just imagined by the individual, but that it still gives the party the feeling that they were wronged in one way or another (Barkan, 2009). Once the one party feels this grievance they may just let it go or hide it under the surface, but once the grievance is brought to the attention of the other party is moves on the next stage (Barkan, 2009). Now that the other party is aware of the grievance the dispute is now in the second stage of the process. In the second stage we now officially have a conflict. In this stage the parties can either not bother to resolve the conflict or they can attempt to come to a resolution through one or more ways. Common ways of dealing with a conflict between the two parties is to ignore it, avoid it, through coercion, or negotiation (Barkan, 2009). If the parties are unable to resolve the conflict between them they may decide to bring in a third party. Once one or more third parties become involved the dispute process is in the third stage (Barkan, 2009). The third stage is now the dispute. The only way the conflict stage can go on to the dispute stage is when one or more third parties become knowledgeable about the grievance and involved in the resolution of it (Barkan, 2009). Different types of resolutions that involve a third party
Brittany Davis
2/26/2013
LS308: Law and Society
Comparing the Typology of Disputes
According to anthropologists Lauren Nader and Harry F. Todd disputes are described as “a problem that escalates beyond an initial disagreement” (Barkan, 2009). There are three stages to the dispute process that Nader and Todd talk about. The first stage is called grievance, the second conflict, and the final dispute. Each stage has its own description and characteristics. In the first stage, grievance, there is a situation or disagreement that one part has found has unfair or unjust (Barkan, 2009). Nader and Todd make sure to point out that this grievance can be real or just imagined by the individual, but that it still gives the party the feeling that they were wronged in one way or another (Barkan, 2009). Once the one party feels this grievance they may just let it go or hide it under the surface, but once the grievance is brought to the attention of the other party is moves on the next stage (Barkan, 2009). Now that the other party is aware of the grievance the dispute is now in the second stage of the process. In the second stage we now officially have a conflict. In this stage the parties can either not bother to resolve the conflict or they can attempt to come to a resolution through one or more ways. Common ways of dealing with a conflict between the two parties is to ignore it, avoid it, through coercion, or negotiation (Barkan, 2009). If the parties are unable to resolve the conflict between them they may decide to bring in a third party. Once one or more third parties become involved the dispute process is in the third stage (Barkan, 2009). The third stage is now the dispute. The only way the conflict stage can go on to the dispute stage is when one or more third parties become knowledgeable about the grievance and involved in the resolution of it (Barkan, 2009). Different types of resolutions that involve a third party