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Conflict Insight

Power based resolution in Mediation

How to cite this journal: Author, Date of the post, WMO Conflict Insight, Title of the post, ISSN: 2628 6998, https://worldmediation.org/journal/ ABSTRACT * This article sets out the three fundamental orientations available for resolving disputes, interests, rights and power, and examines how they interact in practice. The author first classifies dispute processing as consensual (negotiation, facilitation, mediation), adjudicative (arbitration and court adjudication) or legislative, and adds coercion or force as a further option. Interest based approaches are presented as addressing the fears, concerns, needs, hopes and expectations of the parties,

and as fostering cooperation rather than competition; rights based approaches as invoking independent standards of fairness such as…

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Withdraw from Contract / Vertrag widerrufen