Negotiation support using the Graph Model for Conflict Resolution

The Graph Model for Conflict Resolution is a flexible methodology for systematically studying strategic conflicts in the real world, and is therefore a natural tool for negotiation support. The basic definitions underlying the graph model are reviewed, and the techniques for analysis and interpretation are discussed. The modeling and analysis of a case study, an international trade negotiation concerning the export of Canadian softwood lumber to the United States, are used to demonstrate the practical application of the Graph Model for Conflict Resolution as a negotiation support tool. The modeling and analysis is carried out using the GMCR software system. The ability of the Graph Model for Conflict Resolution to provide insights and advice to negotiators is emphasized.     

清单计价背景下投标报价策略研究

在建筑市场推行无底招标和清单计价规范的背景下，探讨由业主给定工程量，投标单位填报单价，最后经过验方计价，以单价结算的合同下，投标单位如何根据业主给定工程量可能的变动趋势，基于运筹学的线性规划理论，进行不平衡报价，最大化其收益。     

Bargaining Outcomes with Double-Offer Arbitration

Increasingly, arbitration is becoming used to resolve bargaining disputes in a variety of settings. Reducing dispute rates is often listed as a main goal in designing arbitration mechanisms. Conventional arbitration and final-offer arbitration are two commonly used procedures, but theoretical examinations of these arbitration procedures show that disputants’ final bargaining positions do not converge and disagreement is likely. This article contains results from a set of experiments designed to compare bargaining outcomes under the two commonly used arbitration procedures with outcomes under an innovative procedure called “double-offer” arbitration (Zeng et al., 1996). This procedure requires that disputants make two final offers at impasse: a primary and a secondary offer. The arbitrator evaluates the pairs of offers using a linear criterion function, and theory suggests the secondary offers converge to the median of the arbitrator’s preferred settlement distribution. Because the procedure’s rules are that convergence of offers generates a settlement at those offers, this theoretical convergence result implies that arbitration is not needed in the end. Experimental results indicate that dispute rates in double-offer arbitration are, on average, about the same as dispute rates in conventional arbitration. However, other results show reason to favor double-offer arbitration. Specifically, in repeated bargaining, there is concern over whether use of an arbitration procedure becomes addictive and makes bargainers more likely to use the procedure in the future-a “narcotic effect.” The data show that double-offer arbitration is non-addictive, whereas both conventional and final-offer arbitration are.     

论缓停建工程中优先权的冲突与顺位确定

由于缓停建工程所涉及的法律权利的复合性与多重性,债权人在实现自己的债权时势必会与他人的民事权利产生冲突,须确立一定的规则来协调各种权利冲突,使处于优位的特定债权人的利益得到保障。在确立解决优先权之间冲突原则的基础上,尚须对各项权利安排合理的顺位,以为法院处理此类问题提供一条切实可行的思路。     

Deriving benefits from conflict resolution: A macrojustice assessment

Effective conflict resolution procedures serve to minimize dysfunctional effects of conflict and maximize functional effects. In the literature on conflict resolution procedures, the effectiveness of procedures has been evaluated primarily from the perspective of the individual. This article suggests that a system-level analysis of the pattern of outcomes resulting from different conflict resolution procedures is a necessary component in formulating a comprehensive framework for the design and evaluation of conflict resolution systems in organizations. The analytic questions addressed by this study concern associations between resolution procedures and outcome patterns in a system created specifically for conflict resolution within organizations: the grievance system. The pattern of outcomes was found to vary with the conflict resolution procedure. It is suggested that this has important implications for effective conflict resolution systems.     

Rock Paper Scissors

Rock Paper Scissors is used to resolve conflict when a compromise is not possible. Individuals playing ``games' tend to have biases they prefer to play. I show that Rock Paper Scissors with biased players results in a player with a high valuation for winning being victorious with a probability greater than a player with a low valuation. Thus, it frequently achieves the efficient outcome. Furthermore, as the benefit to victory increases for all players, victory for each player becomes equally likely. Therefore, it is often efficient for minor conflicts while it performs no better than a coin-flip for major conflicts.      

Amended final-offer arbitration over an uncertain value: A comparison with CA and FOA

Arbitration is increasingly employed to resolve disputes. Two arbitration mechanisms, conventional arbitration (CA) and final-offer arbitration (FOA) are commonly utilized, but previous theoretical and empirical research has found that they are unsatisfactory. Several alternative mechanisms have been proposed, but ultimately laboratory research has found that they do not offer an improvement. An exception is amended final-offer arbitration (AFOA), which not only has desirable theoretical properties but also has been demonstrated to outperform FOA in the laboratory. This study provides a direct laboratory comparison of AFOA with CA. Also, by utilizing an environment with an uncertain payoff to one of the parties, this study tests the robustness of AFOA’s performance relative to FOA. The results indicate that AFOA does outperform FOA, but that AFOA is only weakly better than CA. JEL Classification C7, C9, J5, K4     

The transformational management of conflict: A perspective from the early Christian church

An understanding of transformational leadership has been developed for many spheres of management, but not previously for organizational conflict. This paper analyzes a successful conflict mediation attempt in the early Christian church and draws from it elements of a model of the transformational management of conflict that can be applied by managers in many contemporary work organizations. The elements include (a) reframing the conflict, (b) a focus on a shared organizational vision, (c) the placement of responsibility for dispute resolution in the hands of organizational members directly and indirectly involved in conflict, and (d) the use of communication devices consistent with the desired outcome. The paper suggests skills necessary for managers to implement the model and implications for research on it.