Background and Significance
Optimal Solutions: Essential Skills for Conflict Resolution (Videos)
News from the Executive DirectorThe main task of this project is to promote a more inclusive decision-making process in both private and public dispute resolution, thereby increasing the influence of the stakeholders in determining their country's direction. It is first critical to challenge the adversarial attitude which leads to a clash of opinions, in which individuals dismiss each other's arguments and there are no shades of gray. A culture without meaningful dialogue lacks a holistic awareness of everyone's perspectives, interests and values, and leaders tend to craft policies in an isolated fashion. There, citizens participate mostly through voting and occasional protests against unbearable conditions. There is a real need for alternative ways for individuals and groups to engage in the decision-making process. In ADR, when parties agree on a solution, it increases their satisfaction and commitment, creating a more sustainable outcome. Likewise, on a larger scale, citizen participation in decision making will be conducive to more effective and sustainable policies.
In the traditional court system, although a decision could be considered just, it is not necessarily the optimal solution to the conflict at hand. The conflicting parties themselves, unlike a judge, possess unique information and incentives which can be put to use in solving their problem. In the multi-door courthouse, as cases arrive at the court, they are referred to a number of processes for dispute resolution, such as mediation. As Nobel Laureate Amartya Sen suggests, citizens must be empowered by knowing the different choices available to them in order to truly own responsibility for outcomes affecting them. On a larger scale, citizens must be trained to make decisions at every level on their own, from the personal to the public, in order for their interests to be represented.
When exploring the option of the multi-door courthouse model in the Latin American context, we must not limit ourselves to asking whether or not this model is applicable in each country. Rather, we must ask when, under what conditions, and for what purposes it is an option. With this in mind, this research addresses the following areas to provide an analytical and programmatic frame of reference:
- Empowerment
- Inclusivenes
- Transparency
- Participation
- Efficiency