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Conceptualizing Process Re-Design

Explore the applied art and science of preventing, managing, and resolving conflicts with this analytic framework for effective Dispute System Design. Discover the key goals, stakeholders, context, culture, processes, resources, and success factors involved, illustrated through various design contexts.

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Conceptualizing Process Re-Design

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  1. Conceptualizing Process Re-Design Janet Martinez Chittu Nagarajan Jin Ho Verdonschot June 4, 2015

  2. Dispute System Design • Applied art and science of designing the means to prevent, manage, learn from, and resolve streams of disputes or conflict

  3. Analytic Framework for Dispute System Design • GOALS • What do decisionmakers seek to accomplish? • Types of conflicts covered? • STAKEHOLDERS • Who? • Relative power? • How are their interests represented in the system? • CONTEXT & CULTURE • What is context or trigger for (re)design? • What aspects of culture are salient? • What are norms for conflict management?

  4. PROCESSES & STRUCTURE • Which processes? • Linked? • Incentives and disincentives? • How does it interact with the formal legal system? • RESOURCES • Financial? • Human? • SUCCESS • Transparency? • Monitoring, learning & evaluation components? • Achieves goals? • Justice & Fairness?

  5. Range of Design Contexts • Public and Community Justice • Example: U.S. District Court for Northern California • Example: Claims Resolution Facilities – Katrina, Asbestos, BP Horizon • Conflict and the Organization: Public, Private, Nonprofit • Example: Employment - U.S. Postal Service REDRESS • Example: University Ombuds • Example: Online Dispute Resolution • Example: Corporate Early Dispute Resolution • International/Transnational • Example: World Trade Organization • Example: Transitional Justice

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