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Second Generation Organizational Conflict Management Systems Design : A Practitioner ’ s Perspective on Emerging Issues

1. Cathy Costantino is Counsel at the Federal Deposit Insurance Corporation (FDIC) where she handles complex multi-party dispute resolution matters. She is also an Adjunct Professor at Georgetown University Law Center and at George Washington University Law School, and is an occasional guest lecturer at Harvard Law School. Ms. Costantino has worked as a conflict management systems design consultant with numerous organizations and governments, both in the domestic and international arenas. She is the co-author, with Christina Sickles Merchant, of DESIGNING CONFLICT MANAGEMENT SYSTEMS: A GUIDE TO CREATING HEALTHY AND PRODUCTIVE ORGANIZATIONS (1996). 2. WILLIAM L. URY ET AL., GETTING DISPUTES RESOLVED: DESIGNING SYSTEMS TO CUT THE COSTS OF CONFLICT (1988). 3. The nomenclature “conflict management systems design” (“CMSD”) is used to emphasize the importance of managing conflict, preventing disputes, and accepting conflict as inevitable. This is in contrast to “dispute systems design” (“DSD”), which tends to focus more exclusively on intervention once the conflict has escalated into a dispute. For purposes of this article, CMSD will be used to encompass both DSD and CMSD. It should also be noted that the term Alternative Dispute Resolution (“ADR”) is used generically to encompass a variety of processes and disciplines, such as mediation, arbitration, systems design, and various hybrid and collaborative problem-solving methods. 4. The ideas expressed in this article are taken in part from the author’s presentations at the Harvard Negotiation Law Review 2008 Symposium and the Ohio State Journal on Dispute Resolution 2008 Symposium. Cathy A. Costantino, Presentation at the Harvard Negotiation Law Review 2008 Symposium: Dispute Systems Design Across Contexts and Continents (Mar. 7, 2008) (“Harvard DSD Symposium”); Cathy A. Costantino, Presentation at the Ohio State Journal on Dispute Resolution 2008 Symposium: The Second Generation of Dispute Systems Design: Reoccurring Problems and Potential Solutions (Jan. 24, 2008).