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Abstracts and Biographies:
Practice theory


Designing Dispute Resolution Systems in Educational Institutions

Pat Marshall

It is now more than a decade since Ury, Brett and Goldberg published their seminal book Getting Disputes Resolved in which they offered a model for designing dispute resolution systems. Many organisations, while having in place the documentation for dispute resolution systems, do not practise the principles of beginning with interest-based processes before moving to those that are rights-based.

This paper will examine the constraints on such organisations, particularly educational institutions. These constraints are due, largely, to the nature of the task, the nature of the client, and the nature of the organisational culture.

The paper will also explore some strategies for dealing with these constraints, and determine the current usefulness of the prevailing dispute resolution model.

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Patricia Marshall, MA, Dip Ed, Dip HR, MACE

Employment History

Educator and Educational Administrator in secondary schools, TAFE, industry, business colleges and universities.

Currently Director of Marshall Enterprise Learning. Consultant to organisations in education and training, conflict resolution strategies and process, issues of organisational behaviour.

Consultant in mediation of disputes and facilitation of group processes.

Contracted  lecturer in Dept of Learning and Educational Development, University of Melbourne in post-grad and Masters courses.

Coordinator of Mediation Short Course (40 hours), and Mediation in Education (30 hours), School of Behavioural Science, University of Melbourne.

Accredited MBTI practitioner.

Gazetted mediator, Dept of Justice, Victoria

Services Offered

In-house training of business organisations and educational institutions in mediation skills, principles and practice, and in generic conflict resolution `best practice’.

Facilitation in organisations of conflict resolution and other organisational behaviour issues, particularly the identification of structural conditions which may pertain to the escalation of conflict, and, conversely, to its resolution. Facilitation in change management issues.

Mediation in disputes involving workplace, neighbourhood, relationship issues.

Personal Attributes

Sensitivity to organisational needs and ability to distinguish the most appropriate form of intervention.

Demonstrable ability to train to a high level of proficiency in the skill.

Understanding of the challenges posed by conflict and change, and of the necessity for both respect and safety in the process of resolving conflict and implementing change.

Demonstrable ability to analyse issues, listen to perspectives of parties, and appropriately control processes of resolution and problem solving.                         


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