Academic journal article
By O'Hara, Erin Ann
Law and Contemporary Problems , Vol. 72, No. 2
In the past few years a number of scholars in a variety of intellectual disciplines have contributed to a better understanding of dyadic conflicts and their resolution. In particular, sociologists, psychologists, anthropologists, lawyers, and others have explored the dynamics of apology and its role in deescalating disputes and promoting forgiveness and reconciliation. (1) Furthermore, we have a better understanding today of the benefits to individuals from forgiveness and reconciliation. Victims who are able to forgive their transgressors have better psychological and physical health and lead richer lives. (2) Because lawyers tend to focus their attentions on legal disputes, a growing body of legal scholarship attempts to apply these insights to help promote apology, forgiveness, and reconciliation in courts and alternative dispute-resolution fora. (3) This scholarship has in turn provoked a debate among legal scholars regarding the proper use of apology and apology-promoting tools in the context of legal disputes. (4)
The early legal scholarship in this field focused on dyadic disputes. More recently, however, legal scholars have applied the interdisciplinary insights to group conflicts. In the area of apology, for example, one legal scholar has relied on interdisciplinary insights to advocate court-ordered apologies as a civil-rights remedy in cases of civil-rights violations committed against groups of individuals. (5) Similar insights were used to explore the role of apology for helping to resolve international conflicts between states. (6) One author uses these insights to advocate that corporations apologize for product defects and accidents that cause public harm. (7) And another scholar has used the insights to argue that the American Bar Association should apologize and make reparations for its prior exclusion of African American lawyers. (8) Although this development is exciting (after all, who wouldn't like to see group conflicts and civil unrest avoided), most legal scholars have failed to think carefully about potential differences between dyadic and group conflicts and their resolution. To what extent can insights from apology and forgiveness in dyadic disputes be imported into the group-conflict context? How might differences between the two types of disputes necessitate differing dispute-resolution techniques? And specifically, how is disputant resistance to conflict resolution changed or amplified in the group-conflict context? A group of legal scholars at Vanderbilt Law School, affiliated with the Law and Human Behavior Program, wanted to bring together an interdisciplinary group of scholars whose expertise lies in and around conflict resolution to explore this question.
We partnered with the Andrus Family Fund, which generously provided us with the necessary funding to host this conference. The Andrus Family Fund has provided funding to a number of conflict-resolution practitioners who have played important roles in promoting peace, reconciliation, and problem resolution to groups around the world. (9) Some of the techniques used by the Fund grantees are adapted from the work of William Bridges, (10) who developed a conceptual framework for how people transition to changes that affect their lives in important ways. (11)
The Bridges framework treats transitions in three phases. External changes often require internal psychological transitions, which involve "(1) an ending, (2) a neutral zone, and (3) a new beginning." (12) In the ending phase, the individual struggles to accept the end of an old way of being. Our connections to people and places, jobs, activities, ways of being, and attitudes help to define us, and the loss of any of these connections can cause not just mourning for the loss of that connection but also a kind of crisis of identity. Endings thus can be painful even when the change is desired. (13) According to Bridges, ending experiences typically involve disengagement, dismantling, disidentification, disenchantment, and disorientation. …