Conflict Resolution

O capítulo apresenta um conjunto de abordagens de Resoluções de
Conflitos que podem ser realizadas em cada uma das fases do ciclo de conflitos.
A Resolução de Conflitos é subdividida entre as intervenções que têm como objetivo principal conter o conflito violento, aqui designadas de Gestão de Conflito, e as intervenções com um objetivo principal de resolver os problemas políticos, que podem ser de Prevenção de Conflitos, se ocorrem no período de intensificação do conflito, ou de Terminação de Conflitos, se ocorrem no período de desanuviamento do conflito. Na Gestão de Conflitos identificamos as intervenções de: Gestão de Crises; Gestão Interna Unilateral e Conjunta; Gestão Externa na forma de Pacificação ou Imposição de Paz, e; Manutenção da Paz Tradicional. Na Prevenção de Conflitos identificamos a Estrutural e a Direta. Na Terminação de Confitos identificamos a Manutenção de Paz Multidimensional, Construção da Paz Positiva e Consolidação da Paz
Positiva. Adicionalmente apresentamos duas abordagens alternativas, a Paz Cosmopolita e as Abordagens Críticas.

... Dedicated in loving memory to Cates Anderson Gossett and Linda Murray ... To my friends and colleagues, particularly Sydnye Allen, Silvia Bartolic, Scott Blackwood, Candace Boheme, Lila Bouchet, Maggie Brubaker, Melissa Curran, Kristin Doyle, Andy Fiegel, Lynn French ...

More than fifty years after subjection to anti-Jewish persecution, Holocaust survivors embody divergent responses to the conflict that endangered their existence. Narrative analysis of oral and written testimonies by survivors reveals three major modes of creatively reclaiming personal agency: avoiding violence by delimiting the realm of control, embracing violence through forcible dispensation of justice, and expanding agency by exercising personal ability in the economic realm. The first-person narratives of Jewish survivors illustrate this autopoeisis, or creative redirection of conflict. The testimonies reveal transformation as an ongoing process of working through rather than working out conflict, an approach that accords well with the Judaic moral principle of tikkun olam, the imperative to repair a fractured world.

В книге представлены учебные и методические материалы по семейной финансовой медиации, используемые в Carolina Dispute Settlement Services (г. Роли, Северная Каролина, США). Описаны наиболее распространенные подходы к организации и ведению процесса семейной медиации в практике США. Освоение предложенных приемов модерации коммуникации между сторонами сделает процесс медиации семейных конфликтов более глубоким и эффективным. В книгу включены некоторые нормативные и правовые документы штата Северная Каролина, регулирующие подготовку медиаторов, их профессиональную деятельность и ответственность.
Материалы мануала могут быть полезны медиаторам, педагогам, психологам, социальным работникам, конфликтологам, юристам, студентам, обучающимся по соответствующим специальностям, и всем, кто заинтересован в конструктивном разрешении семейных и других видов конфликтов.

The indigene/settler question has been central to scholarly discourses on land ownership, ethnicity and identity in Nigeria. The legacies of the 1804 Jihad and the subsequent divide and rule colonial model of governance are extant in the perennial struggles for territorial control and dominance of political, economic, religious and socio-cultural spaces. In Northcentral Nigeria, the Southern Kaduna scenario in Zangon Kataf presents a context of the overlaps of ethnoreligious crises across macro and micro spaces in which the broad Hausa versus non Hausa sentiments influenced the political, economic and social exclusion claims of the Atyap within the context of indigene/settler debates. The study results from a two-year ethnographic fieldwork in the community (between 2012 and 2014) during, which observations, key-informant interviews and focus group discussions were combined with historical data; in unpacking the political economy of the 1992 market crises, and also exploring the politics of inclusion as an effective management strategy on which different state interventions on recent crises in Southern Kaduna could be modelled.

Although trauma is usually examined as an individual experience, it is a collective dynamic. Whole communities are traumatized and dynamics of trauma involve all of us and affect the course of history. An orientation to understanding trauma is needed that is at once personal, communal and political. This paper discusses why understanding the dynamics of trauma is essential for facilitators of conflict resolution in zones of conflict and for post-war reconciliation and community building. It also considers that, in addition to international tribunals and truth commissions, there is a need for community forums throughout society to work with issues of accountability and collective trauma concerning past and current conflicts. Trauma is also relevant to such issues as understanding dynamics of revenge, the silence accompanying atrocity, and historical revisionism. Copyright © 2004 Whurr Publishers Ltd.

The termination of parental rights of parents with mental disabilities is a growing and crucial issue.  In 2010, an estimated 45.9 million adults in the U.S. had experienced a mental illness in the past year. This represents 20% of the adult population.  More than five million children in the U.S. have a parent with a serious mental illness such as schizophrenia, bipolar disorder, or major depression.  Courts and child welfare systems too often assume that a parent is not amenable to treatment and is a danger to his or her child when strong symptoms of mental turmoil surface.  Some studies report that as many as 70 to 80% of mentally ill parents have lost custody.  Public systems are overwhelmed by this matter in an era of shrinking resources for such systems.  However, often parents with mental health needs are willing to accept treatment, are able to participate in programming, and are worthy of regaining custody. 
• There are gaps in federal and state law on this issue.  The federal Adoption and Safe Families Act (ASFA) requires that state child welfare agencies and courts make “reasonable efforts” towards family reunification before the termination of parental rights (TPR) can take place.  However, federal statutes and case law provide little guidance to states about what “reasonable efforts” means, and states have been left to interpret that concept individually.  Many state statutes even enable a “bypass” of the “reasonable efforts” standard when “clear and convincing” evidence allegedly shows that a parent's mental condition cannot be changed.  Many states likewise place unjust, statutory and common law time limits on family reunification efforts in TPR cases. 
• Gaps in legal scholarship are also evident here.  Legal scholars have begun to discuss the inadequacy of reunification services for mentally challenged parents, the tenuous link between mental health services and child welfare agency action, the need for enhanced attorney and child welfare worker preparation in this arena, and a need for cultural competence in reunification services.  Others have even suggested that there be a rebuttable presumption in favor of family reunification.  However, those discussions lack a sound theoretical basis and a practical application of solutions. 
• As is featured in previous work of this author, a new theoretical framework of Family Systems Theory-- which is utilized in clinical behavioral health and human rights arenas-- must first be applied.  Under this theoretical framework, the vague and outdated “best interests of the child” standard, which is a legal standard used exclusively in family law cases, must be replaced with a more sound standard of “holistic family wellbeing.”  Vulnerability Theory can add credence to this theoretical framework.
• The discussion of reunification services for families featuring parents with mental disabilities should then be conducted utilizing Family Systems Theory and a legal standard of “holistic family wellbeing.”  Under these circumstances, the “family integrity” defended by our highest courts through the “reasonable efforts” provision should be upheld through the delivery of highly effective family reunification services.  The application of Family Systems Theory ultimately requires reform in the law, service delivery, and professional practice.  State and federal legislators must revisit the “reasonable efforts” standard, to include specific statutory language about the types of reunification services required and the need for flexible timelines.  Courts, child welfare agencies, and service providers need to deliver proven reunification services and coordinated mental health treatment.  In specific court cases, attorneys for the parent(s), the child(ren), and the state should focus on “holistic family wellbeing” utilizing collaborative family law and alternative dispute resolution, while advancing the agency of their clients.  Child welfare workers and practitioners likewise require training in advanced methods of conflict resolution and clinical practice.  These recommendations can ensure more effective family law practice and more successful family - serving systems.

In this article, I describe some of my research on caring, helping, active bystandership, and the origins of genocide and collective violence, as a background to interventions in real-world settings aimed to create positive change. They include working with teachers to create classrooms that promote caring and helping; training police to prevent or stop unnecessary harmful actions by fellow officers, and similarly students in schools to prevent harmful actions; promoting reconciliation, using trainings and workshops, and educational radio programs in Rwanda, Burundi, and the Congo; working to improve Dutch-Muslim relations in Amsterdam after violence; and a number of other projects. In these projects, information and participants' experiences combined to create "experiential understanding." Evaluation studies showed positive effects. These projects and their evaluation show that research-and theory-based interventions can be effective. An initial motivation for this work was my early childhood experience during the Holocaust in Hungary and receiving help from bystanders. Public Significance Statement This review of research, interventions, and applications in real-world settings shows that research on helping behavior and on the origins of great violence by groups can be applied to prevent violence, for example, by police or by students who would bully, and to help groups reconcile after great violence, for example, the genocide in Rwanda. It shows that knowledge gained in research can be used to make a difference in the world. Keywords: evolution of violence and of helping, passive and active bystanders, the roots of genocide, promoting reconciliation in Rwanda, preventing police violence and bullying by students I spent almost all of my professional life, starting in the mid-1960s, studying the roots of goodness (helping, caring about other people's welfare, moral courage, and active bystandership) and the roots of evil (the influences leading to genocide and mass killing, and, to a lesser extent, violent conflict and terrorism). I also engaged in activities both to increase caring, helping, and active bystandership, and to prevent harm and violence and promote reconciliation after great violence. This article is primarily about the applications of research and theory, mainly my own but also others', to real-world settings. It originates from a talk I gave at the National Summit on Violence in November 2016 at the American Psychological Association offices in Washington, D.C. The editor of this journal was present and invited me to write an article describing the "interventions" my associates and I have conducted in varied settings, my experiences along the way, and the lessons I learned, in the hope that it would help others doing similar work. He suggested that I could do this in an autobiographical manner. I begin by considering the roots in my early experience of my lifelong commitment to such work. Next, I briefly describe some of my research and theory, which guided the applications. The applications range from working with teachers to create class-Editor's Note. Continue the conversation by submitting your comments and questions about this article/book review to PeacePsychology.org/ peaceconflict. (The Editor of PeacePsychology.org reserves the right to exclude material that fails to contribute to constructive discussion.) ERVIN STAUB holds a PhD from Stanford, taught and Harvard and is Professor Emeritus and Founding Director of the PhD program in the Psychology of Peace and Violence, Department of Psychology and Brain Sciences, University of Massachusetts at Amherst. He is former President of the International Society for Political Psychology and of the Peace Psychology Division of APA. He has studied the origins of and ways to increase caring, helping, moral courage, active bystandership and altruism born of suffering, and the roots of, or societal, cultural and psychological influences leading to genocide, mass killing and intractable violent conflict and ways to prevent these. In addition to studying these he worked in many real world settings, for example to promote reconciliation after a genocide in Rwanda, improve Dutch Muslim relations in the Netherlands after violence there, training police in active bystandership to prevent fellow officers from doing unnecessary harm, and creating classrooms that promote caring. CORRESPONDENCE CONCERNING THIS ARTICLE should be addressed to Ervin Staub,

With all the turmoil and conflict taking place around the world, it is often tempting to think of the Western Balkans as yesterday’s problem. While it is true that the prospect of armed conflict has diminished significantly over the past two decades, there are still issues that contribute to a broader sense of instability. Until recently, three major issues undermined the region’s path towards ‘normality,’ whatever that may mean in the current international environment. The first, and most intractable of these is Bosnia and Herzegovina. Even though it has been over 20 years since the 1995 Dayton Agreement ended the vicious and bloody war in the country, Bosnia remains deeply divided. The second issue is Kosovo. The February 2008 unilateral declaration of independence remains a source of deep divisions, both regionally and internationally. Last, and truly least, was the so-called Macedonia name issue. Although viewed by many outsiders as a somewhat bizarre, if not wholly ridiculous, issue, the effects of the dispute were anything but laughable. It led to the wholesale corruption of the Macedonian state and impeded the general process of Euro-Atlantic integration in Southeast Europe. And yet, after 25 years, the issue has finally been resolved.

Conflict Analysis is an important aspect of peace-building and the nitty-gritty involved which can simply be defined as a dynamic process to measure or access an ongoing conflict be it local, national or global. One of the importance of Good Conflict analysis is that it helps in sorting through, prioritize and understand those relationships and just as importantly how the context (or the operating environment) influences the nature of the conflict, but also the importance of focusing on context (the course of the conflicts) and not just on a given conflict.

This study examines the role of political factors in attitudes toward World War II in contemporary Ukraine. The question under examination is which factors determine public views of the principal warring sides and their leaders in Ukraine. This paper uses a representative national survey specifically designed for this research project and conducted by the Kyiv International Institute of Sociology in 2012. It analyzes the roles of regionalism, political party preferences, ethnicity, language, age, and sex in attitudes toward the Red Army, Soviet partisans, the German Army (Wehrmacht), and the Ukrainian Insurgent Army (UPA) during the war, as well as toward the wartime leaders of the Soviet Union, Nazi Germany, and the UPA. The analysis of the survey data shows that regional values, political party preferences, ethnicity, language, and age have significant effects on views of the Soviet Army and the Ukrainian Insurgent Army during the war and attitudes toward the wartime activities of Joseph Stalin and Roman Shukhevych. Public perceptions of the German Army and Adolf Hitler in Ukraine do not vary much across regions, political parties, and ethnic, language, age, and sex groups.

The European Union (EU) has closely correlated different aspects of the peace process in Bosnia with progress towards European accession. The ‘power of attraction’ of EU membership would presumably induce the Bosnian authorities to accept the adaptation costs of political and economic transformation. However, the Europeanisation approach has not produced the expected results. The track record of the EU’s policies towards Bosnia represents a paradigmatic case of what would happen if almost nothing works as efficiently as in the case of the countries that joined the EU in 2004 and 2007. The article investigates the causes of EU policy failure in Bosnia and claims that the EU has not effectively responded to three challenges: 1) adjust the process to the needs of an ethnically divided post-war state; 2) preserve the credibility of accession conditionality, and 3) convey the proper messages on how to comply with EU rules. Therefore, the article argues for a more cohesive and consistent EU approach towards Bosnia.

DPC’s Valery Perry recently spoke with the Accountability Unit about her research and work over the past 20 years, providing an opportunity to reflect on the situation in BiH and the region today, and the broader arc of developments in democratization, human rights and conflict management.

This article argues that the post-Dayton political organisation of Bosnia represents an exemplary illustration of the difficulties associated with the empirical application of the pluralist model of “consociational democracy”. The country’s political system has been predicated on the existence of consensus and the spirit of cooperation among the three ethnic groups without, however, offering any electoral or political incentives to their leaderships to cooperate. Also, the inclusion of several elements to the Dayton accords of a partition approach to conflict resolution has even encouraged the ethnic leaderships to maintain their nationalistic programs and their endeavours to exploit the aforementioned power-sharing arrangements. Indeed, the structural deficiencies of the Dayton agreement have permitted nationalists to continue implementing their ethnic
agendas and have accounted for the slow progress towards the implementation of the Bosnian peace process. Therefore, this article elaborates on the international policies in Bosnia, aimed at transforming the country into a viable multiethnic state, and highlights the significance of motivations for implementing the peace process.

People abused by angry discipline as children, may tend to abuse or overly punish other people or themselves for perceived wrongs in their adult life. In some individuals, aggressive personality traits may be genetically inherited. The aggressive personality may feel weakened by having guidelines or boundaries for anger. Anger is a normal human emotion, and these guidelines can help express anger in a healthy way.

The massacre of almost 50 Maidan protesters on February 20, 2014 was a turning point in Ukrainian politics and a tipping point in the conflict between the West and Russia over Ukraine. This mass killing of the protesters and the mass shooting of the police that preceded it led to the overthrow of the pro-Russian government of Viktor Yanukovych and gave a start to a civil war in Donbas in Eastern Ukraine, Russian military intervention in Crimea and Donbas, and an international conflict between the West and Russia over Ukraine. A conclusion promoted by the post-Yanukovych governments and the media in Ukraine that the massacre was perpetrated by government snipers and special police units on a Yanukovych order has been nearly universally accepted by the Western governments, the media, and many scholars. The Ukrainian government investigation identified members of the special company of Berkut as responsible for killings of the absolute majority of the protesters, but did not release any evidence in support, with the exception of videos of the massacre.
              The question is which side organized the “snipers’ massacre.” This paper is the first academic study of this crucial case of the mass killing. It uses a theory of rational choice and a Weberian theory of instrumental rationality to examine actions of major actors both from the Yanukovych government, specifically various police and security forces, and the Maidan opposition, specifically its far right and oligarchic elements, during the massacre.
          The paper analyzes a large amount of evidence from different publicly available sources concerning this massacre and killings of specifics protesters. Qualitative content analysis includes the following data: about 1,500 videos and recordings of live internet and TV broadcasts from mass media and social media in different countries(some 150 gigabytes), news reports and social media posts by more than 100 journalists covering the massacre from Kyiv, some 5,000 photos, and nearly 30 gigabytes of publicly available radio intercepts of snipers and commanders from the special Alfa unit of the Security Service of Ukraine and Internal Troops, and Maidan massacre trial recordings. This study also employs field research on site of the massacre, eyewitness reports by both Maidan protesters and government special units commanders, statements by both former and current government officials, estimates of approximate ballistic trajectories, bullets and weapons used, and types of wounds among both protesters and the police. This study establishes a precise timeline for various events of the massacre, the locations of both the shooters and the government snipers, and the specific timeline and locations of nearly 50 protesters’ deaths. It also briefly analyzes other major cases of violence during and after the “Euromaidan.” This study includes two video appendixes.
            This academic investigation concludes that the massacre was a false flag operation, which was rationally planned and carried out with a goal of the overthrow of the government and seizure of power. It found various evidence of the involvement of an alliance of the far right organizations, specifically the Right Sector and Svoboda, and oligarchic parties, such as Fatherland. Concealed shooters and spotters were located in at least 20 Maidan-controlled buildings or areas. The various evidence that the protesters were killed from these locations include some 70 testimonies, primarily by Maidan protesters, several videos of “snipers” targeting protesters from these buildings, comparisons of positions of the specific protesters at the time of their killing and their entry wounds, and bullet impact signs. The study uncovered various videos and photos of armed Maidan “snipers” and spotters in many of these buildings. The paper presents implications of these findings for understanding the nature of the change of the government in Ukraine, the civil war in Donbas, Russian military intervention in Crimea and Donbas, and an international conflict between the West and Russia over Ukraine.

This article reflects on the judicialization of social relationships under the rule of the Welfare State, its consequences on the phenomenon of litigation and on the need of alternatives disputes resolutions. The bottom line is the paradigm of the Welfare State, through the democratization and reallocation of the Judicial Power as depositary of social demands and guardian of fundamental rights, justifying the expansion of its role. We will also approach the instrumentalization of the process and its pacification mission, linking to the non-adversarial processos positived under the influence of the third wave of “Access to Justice” movement.

This paper focuses on the effects of nonbinding recommendations on bargaining outcomes. Recommendations are theorized to have two effects: they can create a focal point for final bargaining positions, and they can decrease outcome uncertainty should dispute persist. While the focal point effect may help lower dispute rates, the uncertainty reduction effect is predicted to do the opposite for risk-averse bargainers. Which of these effects dominates is of critical importance in the optimal design of alternative dispute resolution (ADR) procedures, which are becoming increasingly utilized to help resolve disputes in a variety of settings. We theoretically examine the effects of recommendations on the bargaining contract zone. Our theoretical framework, which allows bargainers ’ final positions to influence a binding outcome should negotiations fail, provides for a more stringent test of focal points than previously considered. We also present data from controlled laboratory bargaining ...

The increase in traffic intensity and complexity of the railway system demands new methods for real-time traffic control. This paper introduces the architecture, the approach and the current implementation of an advanced Traffic Management System (TMS) able to optimise traffic fluency in large railway networks equipped with either fixed or moving block signalling systems.The TMS takes into account both the actual position and speed of each train in the area and the actual status of the infrastructure, and the dynamic characteristics of the train and the characteristics of the infrastructure such gradients, admissible speeds, signal positions and signal patterns.Potential conflicts can be predicted in advance and solved in real time, by managing the order of trains, or using alternative routes if possible, and by issuing proper speed recommendations to train drivers. In this way, the TMS prevents or limits the number of unplanned stops and the accompanying journey time loss.

【活動報告】
李大動： 平和運動―韓国からの示唆（淺川和也訳）
藤田明史： 「2010おおさか社会フォーラム」に参加して
【国際会議報告】
奥本京子・室井美稚子： アジア太平洋平和研究学会（APPRA）でのトランセンド・ワークショップ報告
【論文】
いとうたけひこ・杉田明宏・井上孝代： コンフリクト転換を重視した平和教育とその評価
【講演記録】
ヨハン・ガルトゥング： 日本外交のもう一つの道 － ４つの具体的な提案
【Articles】
Johna Galtung: The Three Nuclear Issues
Johna Galtung: How Do Wars End?
【翻訳】
ヨハン・ガルトゥング： 核兵器をめぐる３つの論点（藤田明史訳）

Evidence from animal, clinical, and imaging studies suggests that the basal ganglia and their frontal connections mediate motor inhibition, but the role of dopamine remains unclear. The aim of our study was to investigate, for the first time, whether levodopa medication influences motor inhibition and conflict resolution on the conditional stop-signal reaction time task in patients with Parkinson's disease (PD) tested on or off their medication. Sixteen PD patients and 17 healthy controls performed the conditional stop-signal reaction time (SSRT) task, which requires inhibition of responses when a stop signal is presented on "critical" trials. Additionally, on "non-critical" trials, participants are instructed to ignore the stop signal and respond, thus generating conflict between motor inhibition and initiation; and conflict-induced slowing (CIS) on these "non-critical" trials. Levodopa medication did not significantly influence response initiation, inhibition (SSRT) or the measure of conflict resolution (CIS). Compared to healthy controls, PD patients showed significantly worse response initiation and inhibition both on and off their levodopa medication. Our results suggest that motor inhibition or conflict-induced slowing on the conditional stop-signal RT task are not altered by dopamine replacement in PD. This conclusion is consistent with evidence from animal studies and clinical pharmacological investigations suggesting a role for noradrenaline in motor inhibition and impulsivity.

Between 1975 and 1991, Lebanon experienced a bloody civil war that killed approximately 120,000 people. Product of the sectarian divisions in vogue since the colonial period, the conflict put Christians and Muslims in confrontation, having also the participation of third parties in the regional geopolitical setting. Despite the domestic character of the war, among the regional actors, Syria stands out. Damascus’s behavior as a third party had not been homogeneous. On some occasions, the Syrian government has played the role of mediator, negotiating a truce between the belligerent factions. In others, it intervened militarily or supported some groups over others. In this context, this article proposes to examine the Syrian role in the Lebanese Civil War. The objective is to analyze this action in the
light of the conflict resolution literature, especially that dealing with the intervention of a third party in the resolution process. In particular, emphasis will be given to the motivations and effects of Syrian intervention on the evolution and end of the Lebanese conflict. The results demonstrate that: the intervention of a third party in a domestic conflict is almost inevitable; its action is impelled by diverse and contingent reasons; and that it influences the evolution of this kind of belligerence.

Silahlı çatışmaların ekonomi üzerindeki negatif etkisi ve barış, güvenlik ve ekonomik gelişme arasındaki pozitif ve doğrudan ilişki çatışma çözümü alanının artan oranda ilgi duyduğu konulardan biri haline geldi. Alanda artan farkındalıkla beraber iş dünyasının ve özel sektörün demokrasi inşasındaki rolünü konu eden çalışmaların sayısı da bu gelişmeye bağlı olarak sevindirici biçimde artış göstermekte. Okumakta olduğunuz bu rapor da konuya, Kuzey İrlanda örneği özelinde ve ülkedeki iş dünyasının barışın ekonomik getirilerini dile getirmede, çatışmanın barış ile çözülmesi için lobi faaliyeti yürütmede ve barışın ekonomik boyutunu ele alan siyasi tartışmaları güçlendirmede oynadığı role ve çalışmalara odaklanmaktadır. Raporda, Kuzey İrlanda iş dünyasının kullandığı ve barışın sağlanmasına katkı sunan metot, yaklaşım ve etkileşim yöntemleri ayrıntılarıyla ele alınmaktadır. Ülkede barış anlaşmasının sağlanmasının ardından, anlaşma sonrası süreçte yabancı yatırımın barışın getirdiği ekonomik kazanımların yaygınlaştırılmasında ve bu sayede barışı teşvik etmede oynadığı pozitif rol de ayrıca ele alınmaktadır. Kuzey İrlanda deneyimi, barışın sağlanmasına yönelik kolektif kurumsal eylemler repertuarı bakımından, dünyanın farklı yerlerinde çatışmalardan etkilenen diğer ülkeler için ufuk açıcı bir uygulama veya uyarlama örneği olmayı sürdürmektedir.

Les MARC sont aujourd’hui sous les feux de la rampe et nombreux sont les travaux qu’ils ont déjà suscités. Les questions sont nombreuses, qui interrogent notamment leur place dans l’arsenal judiciaire existant, leur capacité à s’imposer comme véritable alternative et le danger qu’il y aurait à laisser prospérer de telles justices « à l’ombre de l’Etat ». La critique est ici pleine de sens, et rejoint une de celles qui s’expriment peut-être le plus fortement en terre de civil law.
Là où les Anglo-Saxons évoquent et s’emploient à pratiquer une “restorative justice”, le vocabulaire français s’en tient à une prudente médiation envisagée dans le sillage de l’Etat. Les MARC nourrissent donc souvent la critique de la justice, critique encore formulée en leur temps par Villon, d’Aubigné ou Voltaire. Le déploiement des modes dits alternatifs entre aussi en conjonction avec le phénomène d'engorgement de la justice étatique, voire du tout étatique. D'où une dérive du concept.
L’objectif du colloque international organisé par l’Université Paris Ouest Nanterre La Défense les 23 et 24 mars 2017, sans renoncer à une analyse technique, sera de privilégier une approche interdisciplinaire en déployant la problématique des MARC dans le temps et l’espace. Son but est de revenir sur ces justices atypiques, souvent décrites comme sans État, de montrer comment les cultures envisagent la résolution de leurs litiges. Il s’agira aussi de restituer le contexte idéologique dans lequel se sont épanouies les Alternative Dispute Resolution, les liens qu’elles entretiennent avec le mouvement critique qui s’est développé de part et d’autre de la Manche.
Que penser, dès lors, de la survie des modes traditionnels de règlement des conflits une fois la communauté mise en contact avec un ordre juridique institutionnalisé ? Même dans les pays de common law, n’y a-t-il pas une certaine utopie à croire à la possibilité d’une justice alternative ? L’histoire et l’anthropologie – à l’aune des précédents romains, médiévaux ou modernes (essentiellement coloniaux) – seront ici sollicitées comme exemples capables de répondre à la difficile question de savoir si des pratiques proprement alternatives ont pu exister, si d’autres façons de traiter la litigiosité ont pu se développer à l’écart des institutions.

This course is designed to develop:
(1) An understanding of the potential risks, dangers, challenges and constraints involved in working in war and post-war contexts;
(2) The ability to devise resourceful, ethical, and appropriate responses to them; and
(3) Knowledge of qualitative field research fundamentals.
      “Qualitative Research in Communities Affected by War” is intended for students who are thinking of working in war or post-war situations, or on war-related issues. While it will of course address qualitative research issues and methods, the course is also aimed at developing a deeper understanding of community dynamics in war and post-war contexts and providing practical instruction about how to effectively and ethically gather useful information about such communities.
      As a result, the course is designed not only for researchers but for others who aim to somehow assist or engage with war-affected communities in the future.