To create a map of key elements of the dispute. That is easy to understand.
Possible map (group session):
Another tool can be a more abstract dispute map (KBH developed one) with:
How to map the problem during the intake? The purpose of this tool is to give a good structure to establish the problem and the context in which it exists. This tool provides ways of making sure that the important information is gathered during the first meeting. What to do:
Example Once Pak Kliman came to see mediator asking for help to solve his land dispute. Kliman bought a piece of land from Rusman 1987’s. The land is 400 meter squares. Kliman rented it to be cultivated by his neighbour, Parjo. Parjo has rented it for 3 years, since 2004. The day before, there came a man whose name is Sugi to see Kliman and said that the land belonged to him. Sugi said that he bought the land from Wayan, Rusman’s brother. The land is 1000 meter squares including the 400 meter square which is being cultivated by Parjo. Kliman came to see Rusman and asked the truth about the land’s status. After being asked, Kliman knew that the land is the inheritence from Rusman and Wawan (Mbah Joko)’s parents, which had been divided since 1980. But, when that inheritence of land was divided, the legal status of the land in the written paper was not changed, which in fact, was still in the name of Mbah Joko. Wawan, who kept the legal paper of the land with him, sold it to Sugi 3 months ago (around April 2008). Sugi had the legal status of land transaction with him. So, how is this case solved? Chronology of the Case
|No.||Date/Month/Year||Who Did What||Proofi/Legal Paper/Written Agreement|
|1.||1980||Mbak Joko inherited a piece of land of 600m2 to Wawan and 400 m2 to Rusman||Status of the land’s name on the paper has not been changed. It is still in the name of Mbah Joko. There is existing inheritence proof (letter/legal paper)|
|2.||1987||Rusman sold that 400 m2 to Kliman||Kliman kept the transaction receipt|
|3.||2004||Kliman rented the land to Parjo||There was no renting agreement letter|
|4.||April 2008||Wawan sold the 1000 m2 land to Sugi. The land includes the land which his brother, Rusman was supposed to have as it was inherited from Mbah Joko||There is transaction receipt between Wawan and Sugi|
The Conflict Resolution Network from Australia have a training guide on mapping which can be downloaded here. This focuses on identifying the problem and the different needs and interests of each of the parties.
Conflict Resolution Network. CR Trainers Manual: 12 Skills, 2nd Edition, 2008
Joyce Hocker and William Wilmot also give guidance on mapping conflicts as a way of clarifying disputes. They focus primarily on relationships between the parties, particularly power relationships.
Interpersonal Conflict, Joyce Hocker and William Wilmot, 2nd ed. rev., (Dubuque, Iowa: Wm. C. Brown Publishers, 1985)
Otomar Bartos and Paul Wehr describes a more written version of conflict mapping, which focuses on establishing the interests and parties involved, where the dynamics are written as opposed to visualised in a drawn map.
Bartos, O., & Wehr, P. (2002). Using Conflict Theory. Cambridge University Press, Cambridge:
Using decision trees and maps can promote parties to have perspective on the dispute, and allow them to identify good courses of action.
The Handbook of Dispute Resolution (2005). Moffitt, M. L., & Bordone, R. C. (Eds.) Jossey-Bass, San Francisco:California.
The Harvard Negotiation Project also has mapping tools. It recommends to map: issues, interests, solutions, criteria (legal, social, formulas), and best alternatives to a negotiated agreement.
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