Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict - William Ury

228 Pages·1988·8.193 MB·English

by  William L. Ury, Jeanne M. Brett, Stephen B. Goldberg

William L. Ury, Jeanne M. Brett,
and Stephen B. Goldberg
D
•
al
Designing Systems to Cut
the Costs of Conflict
A joint publication in
THE JOSSEY·BASS MANAGEMENT SERIES
and
THE JOSSEY•BASS
SOCIAL AND BEHAVIORAL SCIENCE SEllIES
GETTING
DISPUTES
RESOLVE~
This book offers tested guidelines for
designing a dispute resolution system that
will help handle conflicts effectively on an
ongoing basis-and avoid the damaging
costs of attorneys' fees, lost production,
and emotional injury. The authors ex
plain how to diagnose and correct prob
lems in an existing system as well as
create and implement a new system where
one does not exist.
The authors offer a four-phase process
for working with disputants, including
specific advice on involving the parties in
the diagnosis and design of the system and
overcoming opposition to change. They
also suggest a variety of ways-such as
designing rewards and publicizing early
successes-to motivate disputants to use
new procedures.
Getting Disputes Resolved examines the
key questions to be answered when ana
lyzing a dispute resolution system and
presents six basic principles of dispute sys
tem design-such as designing procedures
that encourage disputants to return to
negoti~tion and arranging procedures in
(continued on back flap)
(continued from front flap)
a sequence from least costly to most costly.
The book provides guidance on a range
of specific procedures including negotia
tion, mediation, arbitration, and others.
And it presents an in-depth case study to
illustrate how an effective dispute resolu
tion system ended a prolonged history of
labor-management conflict.
THE AUTHORS
WILLIAM L. URY is associate director, Pro
gram on Negotiation, Harvard Law
School, and coauthor of Getting to Yes:
Negotiating Agreement Without Giving In.
JEANNE M. BRETT is J. L. Kellogg Pro
fessor of Dispute Resolution and Orga
nizations, Kellogg Graduate School of
Management, Northwestern University.
STEPHEN B. GOLDBERG is professor of law,
Northwestern University Law School.
JACKET DESIGN BY WILLI BAUM
:11
al[
JOSSEY-BASS PUBLISHERS
350 Sansome Street, San Francisco 94I04
28 Banner Street, London ECI Y SQE
LithoUSA1188

William L. Ury
Jeanne M. Brett
Stephen B. Goldberg
Getting Disputes Resolved
Designing Systems to
Cut the Costs of Conflict
111
Jossey-Bass Publishers
San Francisco • London • 1988
GETTING DISPUTES RESOLVED
Designing Systems to Cut the Costs of Conflict
by William L. Ury, Jeanne M. Brett, and Stephen B. Goldberg
Copyright© 1988 by: Jossey-Bass Inc., Publishers
350 Sansome Street
San Francisco, California 94104
&
Jossey-Bass Limited
28 Banner Street
London ECIY 8QE
Copyright under International, Pan American, and
Universal Copyright Conventions. All rights
reserved. No part of this book may be reproduced
in any form-except for brief quotation (not to
exceed 1,000 words) in a review or professional
work-without permission in writing from the publishers.
Library of Congress Cataloging-in-Publication Data
Ury, William.
Getting disputes resolved.
(A Joint publication in the Jossey-Bass management
series and the Jossey-Bass social and behavioral science
series)
Bibliography: p.
Includes index.
I. Conflict management. I. Brett, Jeanne M.
II. Goldberg, Stephen B. III. Title. IV. Series:
Jossey-Bass management series. V. Series: Jossey-Bass
social and behavioral science series.
HD42. U79 1988 658.4 88-42805
ISBN l-55542-125-3 (alk. paper)
Manufactured in the United States of America
The paper in this book meets the guidelines for
permanence and durability of the Committee on
Production Guidelines for Book Longevity of the
Council on Library Resources.
JACKET DESIGN BY WILLI BAUM
FIRST EDITION
Code 8855
A joint publication zn
The Jossey-Bass Management Series
and
The Jossey-Bass Social and
Behavioral Science Series
To Valerie, Gillian, Amanda, and Benjamin,
dispute systems designers of the future
Contents
Preface
Xl
.
Acknowledgments
XIX
The Authors
XXlll
Part One: Understanding and Designing
Dispute Resolution Systems I
I. Three Approaches to Resolving Disputes:
Interests, Rights, and Power 3
2. Diagnosing the Existing
Dispute Resolution System 20
3. Designing an Effective
Dispute Resolution System 41
4. Making the System Work:
Involving the Disputing Parties 65
.
IX