Business mediation and conflict management: keys to the evolution of the American model
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Managing conflicts efficiently has become a universal concern (Lipsky et al., 2003). Beyond the well-known fact that conflicts are consubstantial to life in society, today we must bear in mind that interpersonal relationships are antagonistic and at the same time complementary, that the world has become globalized, and that conflicts, in many cases, are much more complex than before. In short, we live in a constant paradigm shift and "when the paradigms change, the world itself changes with them" (Khun, 1962). The cases of three large American companies (COCA-COLA, PECO Energy and ScheringPlough) are cited, among others, as representative examples of the 1990s that, leading very different sectors, but with a shared dissatisfaction with the traditional formulas for conflict resolution, generated new and successful internal organisational management models. The development of this new area of management in the large US organisations was, in its day, a new reality for the organisations, and led to the conduct of several applied studies led by research groups from different universities, models to be followed today, due to their methodology and because of the effective and conclusive results they have provided. This paper aims to summarise the main conclusions of these studies in order to provide the keys to the shift towards efficient management of conflicts in the business environment that happen, on many occasions, as we will see, by the proper use of mediation in a given company´s conflict typology.
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Teresa Duplá Marín, Chair of ESADE-URL Faculty of Law
Bachelor’s degree in Law from the European Institute of Law and Economics (INEDE, now the International University of Catalonia, 1991) and from the National Distance Education University (UNED 1991); PhD Cum Laude in Law from the University of Barcelona (1995). Chair of the Ramon Llull University (2002), she is currently the lecturer for Introduction to Private Law, Inheritance Law, Conflict Management, Mediation and Negotiation at the ESADE-URL Faculty of Law. University Expert diploma in Mediation (UNED. Madrid). University Specialist diploma in Family Mediation (UNED. Madrid). Master’s degree in Mediation (UNED. Madrid). Registered mediator at the Private Law Mediation Centre of Catalonia (Centro de Mediación de Derecho Privado de Cataluña). Associate Lecturer at the University of Barcelona Faculty of Law since 1991 and Consultant for the Open University of Catalonia (UOC) since 1998. Lawyer (non-practising) registered with the Barcelona Bar Association.
Teresa Duplá joined the ESADE Faculty of Law when it opened in 1994 and has held various management positions (Degree Programme Director, Vice-dean, member of the URL Management Board and Academic Board, member of the ESADE Executive Board) both in the Faculty and in the University. Visiting professor at Università degli studi Roma Tre since 1999 and Guest Lecturer at Bocconi University (Milan) and in the University of Coimbra (Portugal) Faculty of Law. Visiting Foreign Scholar September-October 2012 and July 2013 at Fordham Law School New York (USA).
She is also a member of the University of Barcelona Trajano Research Group. Member of the consolidated Innovation Group of the University of Barcelona, GID-Dret Privat (Private Law teaching innovation group) and the ESECO group (Study group on the extrajudicial solution of cross-border conflicts in a civil and commercial setting). She is on the Management Board of the International and Ibero-American Association of Roman Law (Asociación Internacional e Iberoamericana de Derecho Romano, AIDROM). Member of the FC Barcelona Commission for Statute Reform (2011-2013). Member of the Barcelona neutral position created by the European Magistrates for Mediation Group (GEMME).
She currently leads the Conflict Management research group (previously called Mediation, Arbitration, Law and Family), a group recognised by the Catalan Government and focused on projects linked to conflict analysis, alternative management systems and the creation of efficient conflict management systems/models in companies and institutions.
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