ADR Bulletin

Volume 10, Number 6 2008 Article 7

Developing understanding in conflict

Laurence Boulle∗

∗
Bond University, Laurence Boulle@bond.edu.au

Copyright 2008
c by the authors. ADR Bulletin is produced by The Berkeley Electronic Press
(bepress). http://epublications.bond.edu.au/adr
 Developing understanding in conflict
Laurence Boulle

Abstract

Extract:

This is the third edition of Peter Condliffe’s well-known text on dispute resolution. It has re-
tained many of its earlier features and has been supplemented, expanded and rewritten in many
parts to keep up with this fast-moving subject.
 Boulle: Developing understanding in conflict

ADR Bulletin of Bond University DRC

Book review

Developing understanding in conflict

Laurence Boulle

Peter F J Condliffe
Conflict Management:
A Practical Guide
(3rd ed, LexisNexis
Butterworths 2008)

This is the third edition of Peter

Condliffe’s well-known text on
dispute resolution. It has retained
many of its earlier features and has
been supplemented, expanded and
rewritten in many parts to keep up
with this fast-moving subject.
This book is intended for both
legal and non-legal audiences and it
reflects the author’s multi-
disciplinary background and practice
experience. Mr Condliffe has involves strategies for ‘responding’
worked as a barrister, as the director and not ‘reacting’ to situations and
of a community mediation service, while it is not an Olympic sport
in peace-keeping and as a consultant (and probably for this reason) it is a
in international conflicts, and he is good metaphor for conflict and
an acknowledged expert in problem situations. The Delphi
victim–offender mediation. The technique, while it may sound like a
book plays to his many strengths move in Greco-Roman wrestling, is
but is by no means restricted to his actually a device for generating
experiences and describes, analyses creative ideas around particular
and evaluates many other significant issues and problems and maximises
areas of modern conflict the participation of those involved.
management. In these and other areas Conflict
Maintained from the earlier Management — A Practical Guide
editions are the chapters on constitutes an excellent resource for
understanding and responding to scholar–practitioners and
conflict, now indispensable practitioner–scholars with exercises,
foundations for any serious text on precedents, forms, diagrams, case
dispute resolution and conflict studies and further reading. Teachers
management. However, although the and trainers in particular will find
author indicates in the Preface that much from this resource to use in
there is an expanded treatment of their courses, and I hope they
culture and its implications for acknowledge the original source
conflict, and despite the author’s when they do so.
reputation in this field, the It is always interesting how
treatment of culture is not extensive writers deal with the different
and in the reviewer’s mind is not a ‘models’ of negotiation, and in
strength of the book. The expanded particular how they explain and
topics of negotiation and mediation justify the so-called interest-based or
are dealt with in very systematic ‘principled’ model. Revisionist views
ways, along with some of the in the literature are suggesting that
author’s interesting metaphors for we may in the past have been overly
these practices — verbal jujitsu ideological, and dare one say it
remains a familiar formula. Jujitsu ‘positional’, about the virtues of the

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 ADR Bulletin, Vol. 10, No. 6 [2008], Art. 7

ADR Bulletin of Bond University DRC

‘principled’ approach. Certainly as new understandings as to how protracted and repetitive Australian
an aspirational ideal it has much to humans operate in negotiation and debates will need to be augmented by
commend it, but in the academic conflict management contexts. fresh insights from abroad, as
literature at least there needs to be a Evidence-based practice might well referred to further below.
hard critical edge to any treatment direct the next phase in negotiation Two reflections come to the mind
of the topic. Peter Condliffe’s literature, but is probably not of this reviewer in relation to Peter’s
approach is as follows. In chapter 5 sufficiently assimilated at present. authoritative text. The first concerns
on ‘Collaborative Conflict It might be argued in defence that the appropriate content for any
Management: The Principled because negotiation is an interactive modern text on dispute resolution,
Approach’ he sets the scene by and iterative process it is difficult in a given the multi-disciplinary nature of
describing the collaborative single chapter to bring precision to this topic, a matter referred to above.
approach to conflict and sets out a bear on both its art and its science The author is admirable in ranging
five-phase structure for its and it is probably true that many far and wide among appropriate
application. He contrasts this with a books on this topic could raise the disciplines but that very approach
‘coercive’ approach which is briefly same defence. Moreover negotiation threatens to make the text sometimes
defined and described in the context is a derived ‘discipline’ and there are broader than it is deep. The second
of various bullet points. In chapter 6 simply limitations to how much any concerns the extent to which
on ‘Negotiation’ the author refers to text can delve into the many Australian theorists and practitioners
two major ‘types’ of negotiation: disciplinary perspectives of relevance. should be looking abroad and in
distributive and integrative and sets Nonetheless it seems axiomatic that particular to the exciting
out tactics associated with each. there is still a long way to go in developments in western and eastern
There follows extensive treatment of coming to terms with the realities of Europe, Asia and other regions of the
‘principled negotiation’ and negotiation theory and practice. world. It is impossible to do justice
particular focus on associated topics Among the welcome new to all relevant comparative
of power, the process of negotiation, developments in this text is a chapter developments, but as the globe shifts
threats and managing impasses. With on ‘Practical Group Facilitation’ increasingly from a uni-polar Anglo
reference to the ‘prisoner’s dilemma’ which deals extensively with the world to a multi-polar non-Anglo
he outlines his approach to resources and techniques required for world we shall need to look
combining the two models, which is this important practice. There is also increasingly to the theories and
somewhat similar to the a specially written bibliography on practices in the many undiscovered
‘constructive’ approach to group-work and facilitation. Among worlds of dispute resolution. While
negotiation in Alexander, Buckley the other new sections are discussions Australia is a respected leader in
and Rogers’s Negotiation book from of complaints management, the many areas of ADR development it
the 1990s. Interspersed with the legalities of dispute resolution clauses would be negligent not to draw on
theory are numerous useful tips and and developing a learning the rich developments occurring
techniques for negotiators, with a organisation, many of which also elsewhere in the planet.
new set of metaphors of the dance reflect the author’s practice Needless to say, a truly
and music variety and some cross- experiences. However it is never easy interdisciplinary and comparative
cultural references. to maintain the appropriate balance text on conflict management could
This is a very comprehensive here and one wonders if the not be contained within a mere 400
coverage of the so-called models of intricacies of ADR’s many legal issues pages. It may be that soon we will be
negotiation and the inter-relationship should not be left to more specialised moving to much more specialised
between them. However it still leaves texts — a little legal knowledge, as texts in this field or to multi-volume
many questions unanswered. Some of we know, can be a dangerous thing. books on the subject.
these relate to the intricacies of There is appropriately a new Pending any such developments,
positional bargaining and the ways in discussion on Australia’s new Peter’s book is sufficiently balanced,
which it can be made both National Scheme of Accreditation for and at times well-nuanced, to
productive and arguably integrative Mediators though the timing of this constitute a valuable contribution to
through linked bargaining, packaging publication entailed that it was able the Australian literature on conflict
and creative crossings of the last gap. to capture only some aspects of this management. It should be influential
Others relate to the evidence on all debate and the unrolling of the not only locally but those from other
kinds of negotiation, in particular the national standards during 2009, and climes will benefit from a closer look
survey material from cognate their unintended consequences at this achievement in Australian
disciplines on risk aversion, the thereafter, will require additional literature in the field. ●
power of perception over cognition treatment from the author in his
and the politics of persuasion. In all fourth edition. This will also be one Laurence Boulle,
these areas there are impressive of the areas in which the somewhat General editor.

(2008) 10(6) ADR ................................................................................................................................................................................................................................ 127

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 Boulle: Developing understanding in conflict

ADR Bulletin of Bond University DRC

ADR Diary
■ Australian Commercial Dispute 20–24 October; and Sydney from
Centre (ACDC) has a number of 11–15 November. For registration
upcoming courses. Including a forms, early bird registration dates
2-day course in Facilitating and more information on courses,
Difficult Discussions in Sydney on visit <www.leadr.com.au/
12–13 November 2008; a 5-day training.html>.
course in Mediation: Skills,
Techniques and Practice in Sydney ■ A one-day international workshop
on 20–24 October with an optional entitled Leading the Way to
Mediation Accreditation day on Creating a Preferred Future from
28 October. the Best in the Past presented by
Yishai Shalif and Rachel Paran of
■ The Bond University Dispute the Qesem Centre for Collaborative
Resolution Centre will be Training, Supervision and
conducting a 4-day Basic Organisational Counselling,
Mediation course in conjunction Jerusalem, Israel is being held in
with Leo Cussen Institute on Sydney on Monday 24 November.
16–19 October in Melbourne with For further information contact
a 2-day Assessment course <brennermichelle@hotmail.com>
following on 7–8 November. They or phone (0)2 9389 2005.
will also be holding 4-day Basic
Mediation course on the Gold ■ The Trillium Group is conducting
Coast on 27–30 November. For a 4-day advanced course ADR
more information email (Negotiation and Mediation)
<drc@bond.edu.au> or visit Workshop in Melbourne from
<www.bond.edu.au/law/centres>. 21–24 October. They are also
running 2-day Dealing With
■ LEADR is holding 5-day Mediation Difficult People Workshops in
Workshops around the country that Sydney from 14–15 October and in
meet the standards for the National Melbourne from 16–17 October.
Mediator Accreditation Scheme. To register, visit <www.thetrillium
Courses for the remainder of the group.com.au> or call
year are being held Melbourne 1800 636 869 toll free or
from 13–17 October; Perth from (02) 9036 0333.

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