Industrial Conflict and Its Mediation

Kerr, Clark

doi:10.1086/221533

Cited by 75 publications

(42 citation statements)

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“…In this regard, this paper would highlight the importance of developing the capacity not only of the mediators but also among key stakeholders in general on how to prevent, manage, and to follow up after the conflict is settled through targeted capacity development programs on conflict transformation, and more broadly on participatory decision making on forest resources and land management. This is particularly important considering the large number of conflicts and also because conflict mediation does not allow for much room for error due to the risk of exacerbating the situation (Kerr, 1954).…”

Section: Discussionmentioning

confidence: 99%

The use and effectiveness of mediation in forest and land conflict transformation in Southeast Asia: Case studies from Cambodia, Indonesia and Thailand

Dhiaulhaq

Bruyn

Gritten

2015

Environmental Science & Policy

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Section: Discussionmentioning

confidence: 99%

The use and effectiveness of mediation in forest and land conflict transformation in Southeast Asia: Case studies from Cambodia, Indonesia and Thailand

Dhiaulhaq

Bruyn

Gritten

2015

Environmental Science & Policy

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“…This is particularly important because conflict mediation is sensitive and if done improperly can exacerbate conflict situations (e.g. Kerr, 1954).…”

Section: The Need To Strengthen the Capacitymentioning

confidence: 99%

Forest, water and people: The roles and limits of mediation in transforming watershed conflict in Northern Thailand

Dhiaulhaq

Wiset²,

Thaworn³

et al. 2017

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This study focuses on watershed management in Northern Thailand, where conflict over forest, land and water-use is a prevailing problem. A characteristic of watershed conflicts is that they are often multifaceted and involve multiple stakeholders with different interests and values, consequently requiring conflict management approaches that are sustainable in their outcomes, including addressing the underlying causes of the conflicts. Drawing from a case study in Mae Tia Mae Tae watershed in Northern Thailand, this study explores how mediation by external third party can contribute to the transformation of conflicts in the watershed and how the broader institutional contexts in which the conflict is embedded shapes the mediation outcomes. The study suggests that co-creation of mutual understanding and recognition of each party's socio-cultural differences, including land-use practices, are critical in building trust and in how conflict transformation processes moved forward. Moreover, the ability of the mediator in facilitating the establishment of a deliberative institution (i.e. a watershed network committee) and agreed rules on forest utilization were also critical in maintaining long-term collaboration in the watershed and potentially preventing other conflicts arising in the future. Some issues, however, may threaten the continuity of the cooperation and sustainability of peace in the watershed, including the lack of structural reform that formally recognizes local people's rights, insecure land tenure, and the absence of legal recognition for the watershed network committee as a legitimate mechanism for watershed decision making. The paper discusses these findings by comparing it with those from our previous studies in other locations (Cambodia, Indonesia and Western Thailand) to strengthen the insights from Northern Thailand. Finally, the research puts forward some recommendations for reforms and to strengthen the use of effective mediation, to achieve transformative outcomes, in conflicts of this nature.

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“…Agenda setting schedule meetings Sinikin, 1971 select location Walton, 1969;Martindale, 1971; Rubin and Brown, 1975 arrange seating Soninier, 1965Soninier, , 1969 chair sessions Sinikin, 1971 establish rules Ott, 1972 Rubin andBrown, 1975 Ott, 1972: 616 Young, 1972; Deutsch, 1973: 382 Young, 1972 Sinikin, 1971 Young, 1972 Kerr, 1954 In summary, among techniques of conflict resolution, mediation commands great respect because it deals with the entire political context of a dispute rather than with narrow legal technicalities (Huber, 1960: 162). Therefore, it is not surprising that mediation has long been advocated to solve family problems (e.g., Blood, 1960), industrial disputes (e.g., Barnett and McCabe, 1916;Webb and Webb, 1920), labor relations (e.g., Kaltenborn, 1943), and international conflict (e.g., Steiner, 1940: 580; Layline, 1972: 22-23).…”

Section: Function Discrete Tasks Sourcesmentioning

confidence: 99%