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Quantitative and Qualitative Tendencies as a Key to the Appropriate Facilitation of Dispute Resolution

Gierulski, Witek
June 4, 2015

Source: (2003) Saskatchewan law Review. 65: 181.

Witek Gierulski begins this paper with a particular example from a mediation. Through the action of another person, a man had lost twelve million dollars. The case was being dealt with through mediation. The mediator, acknowledging the loss, asked the man who had lost the large sum of money, “How are you feeling?â€? In this single moment in a mediation, Gierulski identifies what he sees as two distinct tendencies that animate disputes: the quantitative and the qualitative. The quantitative tendency focuses on amount, measurement, sufficiency, and division. The qualitative tendency focuses on relation, feeling, adequacy, and union. With these two tendencies in view, Gierulski proposes a single, simple, comprehensive way to organize and classify the various options available to dispute-resolution facilitators – in other words, a tool for identifying issues and generating solutions in dispute resolution.


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