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Abstract
Emotions play a very important role in the search for dispute resolution, but very often are neither understood nor effectively addressed by the parties to the dispute, also not properly controlled and managed by the professionals that are helping the parties to reach peaceful dispute resolution. The effective negotiator or mediator must take into account not only the economic, political and physical aspects of the process, but also the emotional tenor of themselves as well as that of all of the parties.
This paper has three objectives: to define emotions and their role in solving legal disputes by the means of negotiation and mediation processes; to outline main elements of the process of developing emotional intelligence as they play out in the mediation and negotiation processes; and to explore some of the mechanisms for addressing and optimizing the emotional climate in negotiation and mediation processes. The object of the research – emotions in the processes of legal dispute resolution – negotiation and mediation.
The research is composed of introduction, three parts and conclusions. Introduction provides a brief overview of the object of that research and its goals, part one describes emotions and their roles in negotiation and mediation processes, in part two four elements to develop emotional intelligence are overviewed and in the third part analysis of mechanisms for addressing and optimizing the emotional climate of negotiations and mediation are presented. The conclusion gives main ideas of the assignment of that work in brief.
Keywords
Legal disputes
Emotions
Emotional intelligence
Negotiation
Mediation
Cited by (0)
Edward J. Kelly is University Counsel of East Tennessee State University and Quillen College of Medicine (1997 to present), Adjunct Professor in doctoral program Educational Leadership and Policy Analysis (1999 to present).
Natalija Kaminskienė is the Head of the Laboratory of Mediation and Sustainable Dispute Resolution at Mykolas Romeris University (Lithuania), practicing attorney at law and member of several institutional committees on mediation set up in Lithuania.
© 2016 Mykolas Romeris University. Production and hosting by Elsevier B.V.
Abstract
This study examines how the negotiation context affects evaluations of procedural and distributive justice, which in turn influence emotional reactions to the bargaining process and the final outcome distribution. Data are from questionnaire responses provided by subjects in a computerized experiment who offered different group-pay allocations. Perceived procedural justice, which is affected by the conflict between initial pay divisions, enhances positive feelings about the negotiation and attenuates depression over outcomes. One's own final pay level influences positively fairness of the outcome to self and negatively fairness to others. Fairness to self decreases negative feelings about final pay and increases pay satisfaction, but also guilt. Fairness to others, in contrast, only negatively affects guilt. The discussion emphasizes the importance of differentiating types of justice and of emotions to understand reactions to negotiations.
Journal Information
Social Forces is a journal of social research highlighting sociological inquiry but also exploring realms shared with social psychology, anthropology, political science, history, and economics. The journal's intended academic readers include sociologists, social psychologists, criminologists, economists, political scientists, anthropologists, and students of urban studies, race/ethnic relations, and religious studies.
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Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. OUP is the world's largest university press with the widest global presence. It currently publishes more than 6,000 new publications a year, has offices in around fifty countries, and employs more than 5,500 people worldwide. It has become familiar to millions through a diverse publishing program that includes scholarly works in all academic disciplines, bibles, music, school and college textbooks, business books, dictionaries and reference books, and academic journals.
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