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    The Israeli health system consists of approximately 200,000 employees in a variety of positions, such as: doctors, nurses, pharmacists, psychologies, physical therapists, lab workers, speech therapists, occupational therapists, dieticians, orderlies, administrators and housekeeping workers and many more. (Ministry of Health, 2016). The system has gone through long-lasting struggles, conflicts and crises initiated by power groups and various functional representations and unions. This article will focus on conflicts occurring between doctors, in their professional occupation, and the governmental ministries (Health and Treasury). In addition, it will examine the processes that encourage the occurrence of conflicts in the health system. Even though doctors do not represent the entire health system, it is important to emphasize that they are its beating heart. Their weight in the general health system is extremely high, much higher than their relative part therein.
    In addition, this article will examine a struggle by doctors to shorten their long shift hours, by exposing the root causes and the reasons that led to the struggle’s demise, without the achievement of their declared goals. This article will suggest that tools appropriate for a true resolution of conflicts in the health system should be tailored and specific to the complexity of the system (as in a delicate surgery), as opposed to more general tools such as mediation, and certain “copy-paste” tools used for conflict resolution in other disciplines.


Adi Niv-Yagoda
Dr. Adi Niv-Yagoda, Ph.D, LL.M, LL.B is an expert in medical law and health policy; Advocate and Lecturer at the School of Medicine and Faculty of Law, Tel Aviv University.
Article

Intersecting Professions

A Public Health Perspective on Law to Address Health Care Conflicts

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Keywords public health, Alternative Dispute Resolution, public law, health promotion
Authors Michal Alberstein and Nadav Davidovitch PhD
AbstractAuthor's information

    This paper examines the intersection between the two professions – law and medicine – with reference to systematic transformations that have characterized their development in the past century. In particular, the paper examines the co-emergence of the new public health and health promotion scholarship along with the development of the Alternative Dispute Resolution (ADR) movement in the second half of the 20th century. The two movements, with their later developments, have aspired to change the focus of professionals in the field, and both have been tremendously successful on the one hand, and on the other have remained marginal to mainstream training and identity building of contemporary lawyers and doctors.


Michal Alberstein
Michal Alberstein is a Full Professor at The Faculty of Law, Bar-Ilan University, Israel. She is also the Primary Investigator on an ERC consolidator grant to study Judicial Conflict Resolution (JCR).

Nadav Davidovitch PhD
Nadav Davidovitch, MD, MPH, PhD is an epidemiologist and public health physician. He is a Full Professor and Director, School of Public Health, Faculty of Health Sciences and the Guilford-Glaser Faculty of Business and Management at Ben-Gurion University of the Negev in Israel.
Article

Reflexivity, Responsibility and Reciprocity

Guiding Principles for Ethical Peace Research

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords ethics, peace research, peacebuilding practice, research methodology, reflexivity
Authors Angela J. Lederach
AbstractAuthor's information

    The application of peace research to settings of violent conflict requires careful attention to the ethical dimensions of scholarship; yet, discussions about the ethics of peace research remain underdeveloped. This article addresses a critical gap in the literature, outlining a framework for ethical peace research broadly encompassed in three guiding principles: responsibility, reciprocity and reflexivity. The first section provides an overview of the ethics of peace action and research, introducing key contributions that practitioner-scholars have made to the ethics of peacebuilding. In the second section, I explore how the guiding principles of reflexivity, responsibility and reciprocity offer a flexible framework for engaging in everyday ethical research practices. I conclude with preliminary recommendations to encourage further conversation about the ethics of peace research, offering ideas for future action.


Angela J. Lederach
Angela J. Lederach is a PhD student in Anthropology and Peace Studies at the University of Notre Dame. Her research interests include youth and community-based peacebuilding, gender, social and environmental justice, displacement and migration. She is currently conducting participatory research in Colombia alongside the Proceso Pacífico de Reconciliación e Integración de la Alta Montaña, a social movement comprised of campesinos (peasant farmers) who were forcibly displaced as a result of the armed conflict. Her research is specifically focused on the social-political, ecological, and ethical dimensions of retorno digno (dignified return) in rural Colombia.
Article

Security Sector Reform in Theory and Practice

Persistent Challenges and Linkages to Conflict Transformation

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords security sector reform, conflict transformation, scholarship, practice
Authors Leslie MacColman
AbstractAuthor's information

    In less than two decades, security sector reform (SSR) has crystallized as an organizing framework guiding international engagement in countries affected by violent conflict. SSR is a normative proposition, grounded in democratic governance and human security, and a concrete set of practices. As such, it represents an exemplary case of the dialectic between scholarship and practice and an outstanding vantage point from which to interrogate this nexus. In this article, I explore the dynamic interplay between theory and practice in SSR. In particular, I show how the basic tenets of conflict transformation – present in the first generation of scholarship on SSR – were sidelined in SSR practices. Practical experiences led to strong critiques of the ‘conceptual-contextual’ divide and, eventually, to a second generation of critical scholarship on SSR that has begun to coalesce. I conclude by noting the parallels between recent scholarship on SSR and the insights captured in earlier work on conflict transformation.


Leslie MacColman
Leslie MacColman is a PhD student in the joint programme in Sociology and Peace Studies at the University of Notre Dame. Her research interests include governance, police reform and criminal dynamics in urban neighbourhoods.
Article

Process Pluralism in Transitional-Restorative Justice

Lessons from Dispute Resolution for Cultural Variations in Goals beyond Rule of Law and Democracy Development (Argentina and Chile)

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2015
Keywords transitional justice, conflict resolution, process pluralism, cultural variation, individual and collective justice
Authors Carrie Menkel-Meadow
AbstractAuthor's information

    This article reviews some of the key issues in transitional justice process and institutional design, based on my research and experience working and living in several post-conflict societies, and suggests that cultural and political variations in transitional justice design, practices, and processes are necessary to accomplish plural goals. The idea of process pluralism, derived from the more general fields of conflict resolution and ‘alternative dispute resolution’ in legal contexts, is an essential part of transitional justice, where multiple processes may occur simultaneously or in sequence over time (e.g. truth and reconciliation processes, with or without amnesty, prosecutions, lustration and/or more local legal and communitarian processes), depending on both individual and collective preferences and resources. Transitional justice is itself ‘in transition’ as iterative learning has developed from assessment of different processes in different contexts (post-military dictatorships, civil wars, and international and sub-national conflicts). This article draws on examples from Argentina’s and Chile’s emergence from post-military dictatorships to describe and analyze a plurality of processes, including more formal governmental processes, but also those formed by civil society groups at sub-national levels. This article suggests that ‘democracy development’ and legalistic ‘rule of law’ goals and institutional design may not necessarily be the only desiderata in transitional justice, where more than the ‘legal’ and ‘governmental’ is at stake for more peaceful human flourishing. To use an important concept from dispute resolution, the “forum must fit the fuss”, and there are many different kinds of ‘fusses’ to be dealt with in transitional justice, at different levels of society – more than legal and governmental but also social, cultural and reparative.


Carrie Menkel-Meadow
Carrie Menkel-Meadow is Chancellor’s Professor of Law and Political Science, University of California, Irvine.
Article

Culture-Sensitive Mediation: A Hybrid Model for the Israeli Bukharian Community

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2014
Keywords Community mediation, traditional communities, ethnic, conflict resolution, cultural sensitivity, Bukharian
Authors David Shimoni
AbstractAuthor's information

    Background: Attempts to practice standard (Western) mediation in a traditional ethnic community – Jewish Bukharians in Ramla, Israel – failed owing to the incompatibility of this mediation with the community’s customs and norms. Purpose: To develop a hybrid model for conflict resolution in this community and traditional communities in general, following an extensive inquiry that examined the cultural characteristics of the Bukharian community in Ramla and the preferences of its members with regard to intervention in conflicts within the group. Methodology: Mixed methods research, combining questionnaires, a focus group and three interviews. Findings: The findings provided an in-depth understanding of the Bukharian community in Ramla, its cultural characteristics and their preference when dealing with conflicts. Largely, from the sample I studied it can be suggested that the Bukharians accept power distances as something natural, that they can tolerate ambiguous situations and tend to avoid direct confrontation and expression of emotions. Most of the informants have a clear preference to turn to respected members of the community when they seek assistance in handling conflicts. These findings allowed the construction of the hybrid mediation model composed of six stages: Intake, Framework Formation, Opening Statements, Emergence of Interests, Options Generation and Agreement. This model calls for co-mediation of a traditional indigenous dignitary with a professional mediator who together conduct a tailor-made mediation. Practical implications: This unique model is most suitable for the Jewish Bukharians, but can also be used by other groups worldwide that share the same cultural characteristics of the Bukharian Jews.


David Shimoni
David Shimoni, PhD, is the director of Goshrim Mediation Center in Israel and a lecturer at the Beit Berl academic college in Israel. His email address is: david@goshrim.com.
Article

Success and Failure in ADR

A Dialogue between Partners

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2014
Keywords collaborative, adjudicatory, pedagogy, interdisciplinary, diversity
Authors Lela P. Love and Joseph B. Stulberg
AbstractAuthor's information

    Love and Stulberg critically discuss policy, scholarly, and practice developments in four areas of program development in the area historically referenced as alternative dispute resolution (ADR): the range of process options; the impact of court procedures on ADR program development and practice; the nature of ADR scholarship and training; and the general public's receptiveness to or rejection of the normative principles that structure ADR collaborative processes. Their concluding remarks suggest that the promise of ADR, particularly of the mediation process, remains inspiring to many, even if its effective implementation remains uneven.


Lela P. Love
Lela P. Love is Professor of Law and Director of the Kukin Program for Conflict Resolution at the Benjamin Cardozo School of Law at Yeshiva University.

Joseph B. Stulberg
Joseph B. Stulberg is the Michael E. Moritz Chair in Alternative Dispute Resolution at The Ohio State University Michael E. Moritz College of Law.
Article

Transformative Mediation

A Self-Assessment

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2014
Keywords relational approach to mediation, transformative mediation, ideology and mediation, Institute for the Study of Conflict Transformation, USPS REDRESS Mediation Program
Authors Joseph Folger and Robert A. Baruch Bush
AbstractAuthor's information

    Transformative mediation is an approach to third party intervention that has been implemented in a range of dispute settings over the past twenty years. This article offers an explanation of what led us to develop the transformative model of mediation, and an assessment of the body of work related to both the theory and practice of transformative mediation. Specifically, we offer an assessment of: how well the relational premises of the model have been articulated, whether transformative practice remained aligned with its underlying premises, what the impact of practice has been, and what effect this approach to conflict intervention has had on the discourse of the conflict field in general.


Joseph Folger
Joseph Folger, Ph.D., is Professor of Adult and Organizational Development at Temple University, Philadelphia, Pennsylvania, U.S.A. He is a co-founder of the Institute for the Study of Conflict Transformation (<www.transformativemediation.org>).

Robert A. Baruch Bush
Robert A. Baruch Bush, J.D., is Rains Distinguished Professor of Law at the Maurice A. Deane School of Law, Hofstra University, Hempstead, New York, New York, U.S.A. He is a co-founder of the Institute for the Study of Conflict Transformation (<www.transformativemediation.org>).
Article

Reflections on the Field of Conflict Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2013
Keywords peacebuilding field, culture and conflict resolution, power and conflict resolution, future trends in peacebuilding, critique of peacebuilding
Authors Mohammed Abu-Nimer
AbstractAuthor's information

    Compared with other disciplines in the social sciences, conflict resolution is a relatively new, emerging professional and academic field. Many developments have shaped the current reality and boundaries of the field. This article is an attempt to provide a set of reflections on the major issues, challenges and possible future directions facing the field of conflict resolution. By narrating my own personal and professional journey, I hope to capture certain aspects and perspectives of this field. This is not a comprehensive review or ‘scientific’ charting of the field, nevertheless it attempts to shed light on areas and concepts that are otherwise taken for granted or neglected when the mapping of the field is done through more extensive empirical research. This mapping of conflict resolution after 30 years of practice, teaching and research first involves reflections on the conceptual or so-called theoretical groundings of the field. Second, it examines the various professional practices that have branched out through the last few decades. Third, it identifies some of the current limitations and challenges facing conflict resolution practitioners and scholars in their struggle to position the field in relation to current global realities. The final section discusses possible future directions to address existing gaps and refocus the research agenda of the field.


Mohammed Abu-Nimer
American University, International Peace and Conflict Resolution. E-mail: abunimer@american.edu. Special thanks to Timothy Seidel who reviewed, edited, and made critical comments on this manuscript. Also I am grateful to colleagues in the peace and conflict resolution programs who shared their insights and reflections in the process of writing this essay.
Article

Re-thinking Peacebuilding

From Universal Models to Mundane Peace

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2013
Keywords peace and conflict research, culture, peacebuilding, democracy, truth speaking
Authors Tarja Väyrynen
AbstractAuthor's information

    The article re-theorizes peacebuilding through the critique of the universalizing tendencies prominent in peace and conflict research. The critique is targeted both at the medical analogy and liberal peace theory which epitomize universalism in their own ways. By presenting a case study on a seemingly insignificant, minor and mundane event and person, a Finnish woman Kaisu, the article seeks to demonstrate the usefulness of cultural understanding of peacebuilding and the ethnographic fieldwork methods which open up interesting research questions for the research field. It is shown how peacebuilding is about politics that is ‘not yet’. During peacebuilding society needs to face its troubled past with its full complexity and create a space for constant struggle that does not seek consensus, but rather engages the society in agonistic politics and democracy. Ultimately, the article suggests that the agency of parrhestiastes, truth-speaker, opens up a necessary space for post-conflict peacebuilding as it reveals the fragmented nature of the national self.


Tarja Väyrynen
Tarja Väyrynen has theorized conflict and conflict resolution (e.g. Culture and International Conflict Resolution, Manchester and New York: Manchester University Press, 2001; “A Shared Understanding: Gadamer and International Conflict Resolution”, Journal of Peace Research, 42(3): 349-357, 2005). Her most recent work deals with war, peacebuilding, gender, corporeality, collective trauma and post-conflict silences. She is Academy Research Fellow in the School for Social Sciences and Humanities and the director of Research Group on Corporeality, Politics and Migration (COMPORE), University of Tampere, Finland. She worked as the Director and Professor in Tampere Peace Research Institute for eight years before taking up the Academy post in 2008.
Article

Does Our Field Have a Centre?

Thoughts from the Academy

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords Conflict and Peace studies, peacebuilding, pedagogy, George Mason University, S-CAR
Authors Kevin Avruch
AbstractAuthor's information

    This article is a personal reflection on the development of the field of conflict resolution/peace and conflict studies from the perspective of the classroom: how what is thought necessary to teach has changed as the field has grown and reacted to often turbulent political change


Kevin Avruch
Henry Hart Rice Professor of Conflict Resolution & Professor of Anthropology, School for Conflict Analysis and Resolution. I thank my colleagues Arthur Romano, Richard Rubenstein, and Dennis Sandole for their careful and critical reading of earlier drafts of this essay, and Oliver Ramsbotham for his critical reading of a later one. Their various suggestions greatly improved the work.
Article

The Historical Contingencies of Conflict Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2013
Keywords History of ADR, consensus building, multi-party dispute resolution, theory development, conflict handling
Authors Carrie Menkel-Meadow
AbstractAuthor's information

    This article reviews the historical contingency of theory and practice in conflict engagement. World War II and the Cold War produced adversarial, distributive, competitive, and scarce resources conceptions of negotiation and conflict resolution, as evidenced by game theory and negotiation practice. More recent and more optimistic theory and practice has focused on party needs and interests and hopes for more party-tailored, contingent, flexible, participatory and more integrative and creative solutions for more than two disputants to a conflict. The current challenges of our present history are explored: continued conflict in both domestic and international settings, the challenge of “scaling up” conflict resolution theory and the problematics of developing universal theory in highly contextualized and diverse sets of conflict sites. The limits of “rationality” in conflict resolution is explored where feelings and ethical, religious and other values may be just as important in conflict engagement and handling.


Carrie Menkel-Meadow
Chancellor’s Professor of Law, University of California Irvine Law School and A.B. Chettle Jr. Professor of Dispute Resolution and Civil Procedure, Georgetown University Law Center.

Michal Alberstein
Michal Alberstein is head of the Conflict Management, Resolution and Negotiation Program, Bar-Ilan University.

Jay Rothman
Jay Rothman is associate Professor in the Conflict Management, Resolution and Negotiation Program, Bar-Ilan University.
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