Theses (Dispute Resolution)

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    Conflict inhabitation: an emerging deleuzoguattarian inspired conflict studies reterritorialized assemblage
    (2019-04-08) Opheim, David W.; Ney, Tara
    Utilizing the lexicon of the French experimental thinkers Gilles Deleuze and Felix Guattari, research is engaged which indicates that their insights are compatible with and augmentative to the field of Conflict Studies. Specifically, four recognized conflict management approaches, which include the concepts of negotiation, the transformation of the conflict, narrative, and the transformation of the conflicted parties, are populated via an emerging Deleuze and Guattari inspired modus operandi. This process has resulted in an original new term, Conflict Inhabitation, which proposes that the conflicted parties recognize, to their mutual benefit, the centrality of difference to possibility and the acknowledgement of existence as dynamically becoming. This adventure is contextualized utilizing a Personal Narrative Autoethnographic Methodology which systematically engages the intensity of what it means to reside as a person in midst of the human induced Global Warming Climate Change experience during the Anthropocene Epoch.
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    Restorative justice and sexual assault: Canadian practitioner experiences
    (2018-12-13) Burgar, Taryn; McHale, M Jerry
    This thesis examines the use of restorative justice with cases of sexual assault in Canada through the perspective of practitioner experience. It concludes that restorative justice for sexual assault is an innovative and viable justice practice that should be offered to survivor-victims as an option for their justice-seeking process. A literature review was undertaken to create a summary of past and current academic perspectives on the topic and to provide context for the interviews. Interviews were conducted with 12 restorative justice practitioners in Canada who have experience facilitating or participating in restorative justice processes that dealt with sexual assault. The data from the interviews was analyzed using thematic coding to produce a set of themes based on practitioner experience. The data was also used to examine the ethical issues that are relevant in the current landscape. This thesis determines that practitioners are knowledgeable about the practices that can make the restorative justice process safer. It finds that practitioners report being able to meet the varying needs of survivor-victims through procedural flexibility. It observes that they struggle with the practical and ethical tensions that arise in their work, but these tensions are manageable, and they are committed to working with them. Restorative justice has the potential to address a sexual assault case successfully when survivor-victim needs are met, safer practices are used, and practitioners are informed about the complexities and varying experiences of sexual assault.
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    The effect of restorative justice on women’s experiences of personal power and safety
    (2015-04-30) Clow, Holly; Ney, Tara
    Feminist critiques have been instrumental in cautioning the use of restorative justice in cases of domestic violence. However a smaller body of feminist literature examining the issues from the perspective of victim-survivors, supports the use of restorative justice in domestic violence cases. This thesis aims to contribute to the second body of research and incorporate particular victim-survivor voices into a debate that has profound implications for how justice could be administered for future victim-survivors of domestic violence. Thematic, narrative and discourse methods of analysis were used to reveal and explore e-interviews with two B.C women who experienced domestic violence and underwent a restorative justice process in response. Within a feminist framework, the results support the view that, when safety and power can be fully addressed, restorative justice renders benefits not obtainable in the traditional justice system: victim-survivors experience empowerment, and achieve healing and closure.
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    Participatory Governance of the 900 Pandora Block and the Street Community
    (2015-02-24) Cross, Geoff; Davis, Lyn; Pauly, Bernadette M.
    In response to the continuing challenges of homelessness in Victoria, BC, a variety of homeless-serving agencies are active in the region. Community concerns about these services have given rise to the practice of developing Good Neighbour Agreements (‘GNA’) and forming Good Neighbour Groups (‘GNG’) with local community members to monitor the social services, mitigate conflict, and prevent undesired impacts on the neighbourhoods. Based in an interpretive description methodology using interviews and document analysis, the purpose of this research is to explore the involvement of the street community in the development of one GNA and subsequent governance activities of the associated GNG. Findings demonstrate that individuals from the street community generally have not been directly involved but instead represented by a local homeless-serving agency, a model of representation that has important limitations. Despite the lack of formal involvement, people from the street community continued to engage independently in neighbourhood matters, undertaking ongoing advocacy work that in turn helped to yield greater participation of the street community in the GNG.
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    Exploring dissonance with strengths-based family group conferencing in child protection
    (2014-12-22) Montgomery, Wendy Teresa; Vakil, Thea
    This study uses selected data from a qualitative study by Ney, Stoltz and Maloney (2013) who explored family experiences of voice and participation in child protection family group conferences in British Columbia, Canada. A family group conference is a decision-making process founded on strengths-based philosophies that encourages collaborative and empowering relationships between child protection workers and client families. Traditionally, relationships between these workers and client families in child protection are situated within an environment founded on problem-based perspectives with child protection workers positioned as experts. This study explores the perspectives of child protection workers and their client families about their experiences with a family group conference, focusing on areas of dissonance between strengths- and problem-based perspectives that are assessed by analyzing interview transcripts. Purposeful extreme case sampling was conducted to select three cases from the primary study that represented both positive and negative family experiences. Inductive and deductive thematic analyses were conducted on interview transcripts of nine participants. Findings from the thematic analyses as well as between-case, within-case and within-participant comparisons revealed an underlying dissonance in two of the three cases in that the workers endorsed the strengths-based philosophies of family group conferencing as well as – and perhaps unknowingly - the problem-based philosophies inherent in child protection practice. The families from these cases experienced the family group conference in contradiction to its strengths-based philosophies. The results point to possible connections between dissonance in practice, worker worldview and family experience. Recommendations for further research and for child protection workers to be more reflective and aware of worldviews are discussed.
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    Experiences of Social Connection and Sense of Community Amongst Participants of Housing First Programming
    (2014-05-05) Stevenson, Jynene; Ney, Tara; Pauly, Bernadette M.
    In a recent report on the state of homelessness in Canada, it is estimated that at least 200,000 Canadians access homeless emergency services or sleep outside per year, with approximately 30, 000 homeless on any given night (Gaetz, Donaldson, Richter, Gulliver, 2013, 5). A strategy to address homelessness is Housing First. Housing First is an evidenced-based housing intervention strategy which provides homeless individuals with immediate access to housing and supports. A unique feature of this program is that participants are offered immediate housing of their choice. Prior to the introduction of Housing First, housing intervention strategies focused on “housing readiness” and often required sobriety or psychiatric treatment prior to entry. The Housing First approach has demonstrated significant recovery, cost savings and housing retention rates in The Mental Health Commission of Canada’s (MHCC) At Home/Chez Soi project—one of the world’s largest research studies utilizing a randomized control trial to study the outcomes of the Housing First approach. The At Home/Chez Soi project operated in five cities across Canada; Toronto, Montreal, Moncton, Winnipeg and Vancouver. Approximately 14% of At Home/Chez Soi participants had three or more moves and a portion of individuals in the MHCC’s study struggled to achieve stable housing. In an early findings report released by the MHCC one of the main themes that emerged from qualitative interviews conducted by At Home/Chez Soi project researchers included “changes in the social aspects of day to day life” once acquiring housing. Some of these changes were described to be negative. This finding highlights the impacts that the acquisition of housing may have on the experiences of Housing First participants. This demonstrates a need for further research to explore how social experiences relate to housing retention and mental health recovery in Housing First programming. In this research, I address this gap by focusing on understanding the social experiences of participants of Housing First programming for whom the transition into stable housing was difficult. More specifically, I ask “In relation to factors that impact housing retention, what is the experience of social connection and sense of community for a group of participants who had difficulty transitioning into housing provided through the At Home/Chez Soi Housing First program?” In this thesis, I present qualitative findings from narratives collected from 5 participants of the At Home/Chez Soi project for whom the transition to stable tenancy was difficult. Semi-structured interviews were conducted with five participants who had a range of experiences with housing retention including one participant who remained in their first apartment, and four others who had between 1-4 moves during their involvement in the At Home/Chez Soi project. In this research, I explored whether the fundamental needs of social connection and sense of community are instrumental in producing positive outcomes such as mental health recovery and housing retention in Housing First programming. Using narrative methodology and interpretive description, I further explore how the unmet needs of social connection and sense of community can assist in understanding the challenges experienced by individuals who struggle to transition into stable housing. The findings demonstrate that participants experienced a shift in social connection and sense of belonging to the “street”, to a feeling of connection to the housed community. All of the participants expressed wanting to disassociate themselves from the DTES. This was difficult because of stigmatization particularly on the part of the landlords and neighbours in their new communities. Discriminatory treatment in their housing served to reinforce negative feelings of self. The process of shifting to a sense of belonging to the housed community presented additional challenges, such as periods of isolation and/or being in the difficult position of saying “no” to friends in order to preserve their tenancy by abiding by the rules of the Residential Tenancy Act (RTA). Participants overcame these challenges by making adjustments in meeting their social needs. Some ways that participants demonstrated resilience included connecting with professionals, creating community in local shops, setting boundaries with old friends, and in some instances, cutting off from old friends. I conclude that social connection is paramount for these individuals. I also contend that the participants are resourceful in ensuring these needs are met. Recommendations for new or existing Housing First programming are made to ensure sensitivities and practices are geared to supporting these connections including offering flexibility and choice around locations and activities for weekly meetings with case managers. Other recommendations, specific to the transition into housing include incorporating a survey of important shops or services during the housing search process, and ensuring a good landlord-tenant fit during the housing selection process.
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    The Duty to Consult First Nations within the Environmental Assessment Process: A Resource Industry Perspective
    (2014-01-07) Chadwick, Megan; Cunningham, J. Barton
    The legal doctrine, ‘Duty to Consult’, was set through a number of landmark court cases between 1997 and 2004. It is this duty that has helped First Nations receive official stakeholder status in the negotiation of land and resource use issues in British Columbia (BC), Canada. Later, policy initiatives, a best practices handbook, and procedure development shaped through the actual practice of consultation, contributed to the formation of an ‘in practice’ reality of this duty. When making an application to undertake a resource extraction or utilization project, industry proponents must go through BC’s Environmental Assessment (EA) process. This process is one example of where the ‘Duty to Consult’ has been applied in the form of a required consultation with First Nations affected by a proposed project. Despite the formation of law and policy meant to guide this area of practice and produce successful consultation activities, it is left unclear from law and policy alone what actual strategies are used by industry proponents to meet the requirements of consultation during an EA. However, as successful consultation is the goal, understanding the strategies alone is insufficient for creating a clear picture of the important considerations of this process. For this reason, the research sought to understand what overarching approach, aside from legal parameters and policy frameworks, guide the practice of consultation with First Nations in private sector resource industry projects. Identifying and examining the difficulties of consultation from the perspective of industry helped explain what the overall approach must be when undertaking this type of consultation and why this approach is of such importance. In the last few years EA has gained greater attention in BC. Due to this, reviewing the legal context and documents that officially shape the practice of consultation within the EA process is timely, relevant and provides a basis for further research. The research involved interviews with industry proponents and staff at the Environmental Assessment Office (EAO). These served to develop an understanding of the individual experience of those working in the field. In developing a fuller picture of the subtleties of the consultation process, the interviews are supplemented with an analysis of the social and political context that influences consultation. The analysis revealed that more effective consultations prioritize relationship-building as their primary approach and are responsive to the varying local conditions, as each community engaged with is unique. The findings present challenges perceived on the industry side that may help provide better understanding of the influences on the EA process and approach used by industry proponents. Although there are subtle differences between the issues identified by both the EAO and the industry proponents interviewed, overall the similarities were significant. All of those interviewed identified relationship-building between all stakeholders as a key approach to the process and to the long-term success of the projects being proposed. Given the historical context of the relationship between all stakeholders, the conclusion of the research is that, although building trusting relationships will be difficult given the history of relations, it is also the starting point for building greater understanding and repairing trust within this particular sector.
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    Ghosts of another world: voices from the non-Indigenous descendents of former Canadian residential school staff
    (2013-04-04) Haiste, Kimberly; Thomas, Qwul'sih'yah'maht Robina Anne; Brown, Leslie
    Based on Prime Minister Harper’s 2008 Apology for the Indian Residential School (IRS) system, this thesis addresses the need to confront the intergenerational legacy of this system on non-Indigenous Canadians in order to challenge our ability to actually ‘journey together’ with Indigenous Survivors. Aiming to break the silence that has surrounded this legacy, the voices of non-Indigenous descendents of former staff, as well as my own as a non-Indigenous Canadian, expose personal experiences of the lived reality of the IRS legacy. Working from a narrative methodology from within a decolonizing framework, this research includes interviews with two descendents of former staff, as well as an auto-ethnography of myself, as researcher, to capture the lived experiences with relation to this legacy. Results from this introductory work illustrate a variety of themes needing to be acknowledged, and deals with notions of opening dialogue, violence, guilt and responsibility within the context of the IRS system.
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    Engaging with workplace incivility through valuable actions: a conflict transformation and care-focused perspective
    (2013-04-03) Donald, Kelly; Davis, Lyn
    This thesis examines the role of management with regard to reducing and preventing workplace incivility through a care-focused and conflict transformation theory lens. The discussion on workplace incivility is expanded through an exploration of two theories: care-focused theory and conflict transformation theory. These theories are integrated into one theoretical framework, The Care-Centered Moral Imagination Framework (CMIF), which is applied to current literature recommendations on reduction and prevention of workplace incivility. The current literature recommendations were summarized through an ethnographic content analysis on existing academic studies conducted on workplace incivility. The result is a précis of current themes in the literature with regard to managing workplace incivility followed by a discussion of missing elements of management as determined through the application of the CMIF. These elements were rolled into ten valuable actions: care ethic, humility, pragmatism, treasure relations, embracing change and diversity, relationship building, dialogue, engagement, understanding and reflect and critique, that were recommended for managers to adopt and model in the workplace. The actions are suggested strategies for managers to use in the workplace when engaging with workplace incivility. I discuss suggestions and implications of the research in the concluding remarks.
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    Regenerating Indigenous health and food systems: assessing conflict transformation models and sustainable approaches to Indigenous food sovereignty
    (2012-12-13) McMullen, Jennifer; Reading, Charlotte Loppie
    Through exploring nine Indigenous young adults’ perceptions of their roles in building health and wellness through traditional food sovereignty, I assessed the effectiveness of using John Paul Lederach’s (1997) framework of conflict transformation within an Indigenous context for the purpose of creating Indigenous food sovereignty. Conflict transformation does not acknowledge or address the detrimental effects colonization has had on Indigenous peoples within their daily lives. This gap in analysis stunted the effectiveness of conflict transformation in helping young Indigenous adults to challenge colonial authority and work towards developing sustainable approaches to Indigenous food sovereignty. Within the findings, roles emerged related to a generational cycle of learning and teachings traditional knowledge and cultural practices that are applied in the everyday lives of Indigenous peoples. “Learner-teacher cycles” are an Indigenous response to conflicts stemming from colonization. The cycle follows a non-linear progression of learning cultural and traditional knowledge from family and community and the transmission of that knowledge back to family and peers. Learner-teacher cycles are an everyday occurrence and are embedded within Indigenous cultures. Through the learner-teacher cycles, young adults challenge the effects of colonization within their day-to-day lives by learning and practicing cultural ways of being and traditional knowledge, and then transferring their knowledge to next generations and peers. I have concluded that conflict transformation is not an effective tool in resolving protracted conflicts within an Indigenous context, particularly with reference to Indigenous peoples from CoSalish and Dididaht territories on Turtle Island. Learner-teacher cycles, a framework based on Indigenous methods of challenging colonialism through learning, teaching and practicing cultural and traditional ways of being within everyday life, is an appropriate model for young Indigenous adults to use in creating Indigenous food sovereignty.
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    Community engagement as conflict prevention: understanding the social license to operate
    (2012-12-06) Knih, Dejana; Davis, Lyn
    This thesis examines community engagement as a form of conflict prevention in order to obtain the social license to operate (SLO) in Alberta’s oil and gas industry. It does this by answering the question: what are the key elements of the Social License to Operate and how can these elements be applied to community engagement/consultation in a way that prevents conflicts in Alberta’s oil and gas industry? The underlying assumption of this thesis is that building good relationships and working collaboratively functions as a form of conflict prevention and that this in turn leads to the SLO. This thesis outlines the key features of both successful community engagement and of the SLO, to provide a guideline for what is needed to obtain the SLO. Data was collected from semi-structured interviews and through a literature review. The data analysis concluded that there are direct parallels between the key elements of effective community engagement and the key elements of the SLO as identified in the interviews. These parallels are: knowing the community, addressing community needs, corporate social responsibility, relationship building, follow through and evidence for what has been done, executive buy-in, excellent communication, and open dialogue, all within a process which is principled (there is trust, understanding, transparency and respect), inclusive, dynamic, flexible, ongoing, and long-term. Moreover, the key elements of effective community engagement and of the SLO identified in the interviews also overlapped with those found in the literature review, with only one exception. The literature review explicitly named early involvement as a key element of both effective community engagement and the SLO, whereas the interview participants only explicitly indicated it as a key factor of community engagement and implied it to be a key element of the SLO.
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    Elian Gonzalez’s case: conflict dynamics, interests, and positions
    (2012-09-11) Simoes, Elton; Davis, Lyn
    Elian Gonzalez’s case is an intriguing example of how a small-scale dispute over the custody of a boy escalated to the point at which it became an important element in a much larger conflict involving the U.S. and Cuban governments and the Cuban American exile community. Looking at this case from the standpoint of the field of dispute resolution, understanding both the interests and positions that drove the dispute for Elian’s custody and how the conflict dynamics played out during this conflict will help shed light on Elian’s impact on both the United States and the Cuban American exile community. The purpose of this study is to understand the interests, positions, and conflict dynamics in the Elian Gonzalez’s custody dispute and its impact on the U.S. government and public opinion and on the Cuban American community, using case study documents and qualitative and quantitative studies. Using an interest-based approach (Fisher, Ury, & Patton, 1991), this study attempts to separate the respective parties’ interests from their positions during this conflict. Further, using the conflict analysis escalation dynamics model (Mitchell, 2006) and the conflict dimensions model (LeBaron & Pillay, 2006), this study demonstrates how the dispute over Elian’s custody escalated from a small-scale, interpersonal dispute into a major international struggle involving communities, countries, and U.S. public opinion at large.
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    Collaborating beyond the boundaries of citizenship: a transcultural perspective on public participation in the development of Swiss immigrant policy.
    (2012-07-30) Fritze, Christine Elena; Schallié, Charlotte
    This thesis examines Switzerland’s conflict around the integration of non-citizens in the context of the Swiss system of direct democracy. Through a case study on three recent referendum initiatives on immigrant policy, my research sought to answer the question: How does the use of referenda on immigrant policy impact public discourses on the social and political integration of non-citizens in German-speaking Switzerland? In exploring this question, I focused on how public discourses addressed the link between direct democracy, immigrant policy and non-citizen experiences. I analysed political advertisements, newspaper articles, and data collected in an interview with Swiss resident author Dragica Rajčić. My research findings showed that the use of referendum initiatives to make decisions on immigrant policy has had a significant impact on integration discourses. In particular, it has provided the conservative nationalist Swiss People’s Party with the opportunity to move their political agenda to the forefront of public debates. My findings also demonstrated that non-citizen perspectives were marginalized in the public discourses under examination. I therefore concluded that the process of transforming the Swiss conflict around the integration of immigrants will require Swiss governments to re-imagine how the political participation of non-citizens can be institutionalized. Granting non-citizens a more active political role would promote cross-cultural dialogue and understanding, making Switzerland’s direct democracy more democratic.
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    When worldviews collide: applying worldview conflict analysis in a conventional dispute resolution process.
    (2012-04-10) Smith, Nicole; Davis, Lyn
    This thesis uses worldview conflict theory to examine an unsuccessful lobbying campaign of the Coalition for Change for Caregivers and Temporary Foreign Workers. Using Nudler (1990, 1993), Blechman, Crocker, Docherty, and Garon (2000) and Docherty (1996, 2001), a worldview conflict analysis was developed and applied to the campaign. This research addresses two questions: 1) Is communication between the parties being impeded by the negotiation of reality? 2) Could the application of a worldview conflict analysis show the parties a way to communicate without negotiating reality? Data collected from publically available documents (Coalition, Minister of Citizenship and Immigration Canada, and Minister of Human Resources and Skill Development Canada) were analyzed using content analysis, Lakoff and Johnson's (1980) metaphor analysis, and worldview conflict analysis. Similarities between the parties’ worldviews (regarding what is valuable, construction and structure of the world, and enforcement of ethic) indicated ways they could communicate without negotiating reality.
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    Poverty is a lifestyle choice and other neo-Liberal discursive tactics
    (2009-12-09T22:31:49Z) Wolanski, Kari; Moss, Pamela
    This thesis examines how neo-liberal discourse asserts its significant influence over welfare policy. It is premised on a Foucauldian understanding of power as a productive force that operates through discourse. Using the example of British Columbia's 2002 welfare reforms, I analyse discursive conflict between two policy `frames,' one emphasizing personal responsibility and the other social responsibility for addressing poverty. I focus on strategies and tactics employed in this conflict such as the depoliticization of poverty through the language of individual choice. This thesis makes two contributions. First, it presents an argument about how broad public policy discourses shift over time, namely, through a succession of policy conflicts in which policy frames compete in the constantly shifting landscape of public dialogue for discursive influence to shape specific policy outcomes. Second, it offers a framework (discursive conflict analysis) to both analyse and intervene in discursive conflicts, with an emphasis on strategies for resistance to neo-liberalism.
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    Rural women and everyday resistance to structural adjustment in Melanesia
    (2009-12-09T16:02:42Z) Sparks, Catherine; Reitsma-Street, Marge
    The context for this thesis is conflict between indigenous peoples and foreign aid agencies over land `mobilisation' in Melanesia. The thesis considers whether or not the everyday activities of rural women can be shown to constitute and contribute to resistance to `development' bank structural adjustment. The research was conducted in Ambrym, Vanuatu, with the permission of the Vanuatu Cultural Centre. The study uses feminist, decolonising methodology, and qualitative methods including five months of community-based research and interviews conducted in Bislama. The findings highlight how the rural women engage in daily activities that maintain their connections with their land and strengthen communal value systems, thus resisting structural adjustment. Also featured are tensions between the women's desires to hold on to the land and to access perceived benefits from the modern cash economy. The thesis concludes by making a case for the need to incorporate everyday resistance into analyses of conflict situations.
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    Working through conflict: two examples of agreement in community forests
    (2009-10-26T21:17:39Z) Corrigan, Joselin; Lawson, James
    Developing a community forest in British Columbia involves multiple stakeholder agreements; negotiating agreement within diverse communities can be especially complicated. In this study I use the constant comparative method from grounded theory to compare data from two case studies and examine the conflict resolution techniques used by community forest developers throughout their development initiatives. Data were collected through interviews with community forest developers with a focus on the process of development, the conflict resolution strategies used, and the successes and failures throughout the process. The findings from this thesis indicate that community forest developers engage in a process that I call Developing a Community Forest. This process includes five categories of action: Building an Idea of Community Forestry, Being Aware of the Box, Coming Toward Conflict, Using Dispute Resolution Strategies, and Practicing Community Forestry. By articulating this process future community forest developers can access the methods of conflict resolution described in this thesis in their attempts to successfully develop community forestry in other local forest areas.
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    To what extent does the Alberta Energy Resource Conservation Board’s Alternative Dispute Resolution Program affect the capacity, opportunity and volition of landowners and the oil and gas industry to resolve conflict?
    (2009-08-28T20:34:20Z) Cartwright, Vanessa; Siemens, Lynne; Davis, Lyn
    This research examines the capacity, opportunity and volition of participants of a landowner- oil and gas industry conflict in Alberta and the effect of the Alberta Energy Resource Conservation Board (ERCB) Alternative Dispute Resolution (ADR) program. It explores whether the model used by the ERCB ADR program exists in a setting where Tidwell’s (1998) elements for conflict resolution are present. Using Tidwell’s (1998) theory and case study methodology (Yin, 1994) the participants discuss their experiences of the conflict and the program. The findings illustrate participants did not each possess the capacity, opportunity and volition to resolve. Despite legal confines, the program aided in improving the capacity, opportunity and volition of participants, built relationships and created resolution. The study resulted in recommendations to improve the program and suggestions for industry to minimize conflict with landowners. These findings may be applied to other industries where parties have limited rights.
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    Local government alternative dispute resolution: a British Columbian case study
    (2009-04-29T17:37:48Z) Sharkey, Emma Louise; Bakvis, Herman
    This research undertook a case study of the intergovernmental Alternative Dispute Resolution (ADR) process administered by the Ministry of Community Development (MCD) in the province of British Columbia (BC), Canada. This study used concurrent nested mixed research methods in order to discover how best to deliver, monitor, measure, and communicate MCD’s ADR process. The dominant research approach used was qualitative and involved informal interviews and document analysis. The purpose of the interview portion of the research was to flesh out descriptors and perceptions of MCD’s ADR process with the objective of coming to a greater understanding of current and potential delivery, monitoring, measurement, and communication mechanisms most appropriate for the ADR process. The interviews undertaken in this research also provide the opportunity for MCD staff to deliver feedback on, and offer insights into, the research. The document analysis portion of the research involved a textual analysis of MCD’s electronic and print ADR process communications in order to build on the descriptors and perceptions identified in the interviews, providing for a more full understanding of the ADR process and the delivery, monitoring, measuring, and communication strategies best suited to it. The nested quantitative portion of the research involved the use of secondary, anonymized data garnered from a survey prepared by MCD’s Director of Intergovernmental Relations which has been in distribution for a number of years. The survey used a Likert scale to measure process indicators. Data from this survey was analyzed to generate information about how participant respondents in the ADR process perceived certain attributes of the ADR services. Potential implications of this research include: providing applied tools to monitor, measure, and communicate ADR processes, increasing accountability in government administered publicly funded programs, generating ideas around local government ADR processes, improving dispute management in increasingly complex intergovernmental relational contexts, and addressing the literature gap on ADR processes and intergovernmental relations. The general findings of this research included clarification of MCD’s ADR process mission, vision, and goals, its communication strategy, and the perspectives of facilitators on both successful and challenging aspects of process delivery. The research findings also identified gaps in process performance monitoring and measurement and discussed the implications of MCD’s ADR process survey data results. This thesis concludes with recommendations to update process mission, vision, and goals. The thesis also suggests further ways to monitor and communicate MCD’s ADR process and provides templates for doing so. Finally, this thesis identifies opportunities to strengthen practices in process delivery. In the final chapter, areas for future research are suggested including: • ADR program evaluations generally, • Provincially administered inter-local government ADR processes, • Comparative work on inter-local government ADR in other national jurisdictions, • Ways to incorporate diverse methods and cultural approaches to conflicts and disputes into inter-local government ADR processes, • Studies into BC local government perspectives on MCD’s ADR process, and • Ways in which BC First Nations governments could be included in inter-local government ADR processes.
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    A serpentine path: the impact of legal decisions on aboriginal rights and title on the conduct of treaty negotiations in British Columbia
    (2008-10-28T23:57:05Z) Richmond, Patrick André; Maloney, Maureen
    Legal decisions on Aboriginal rights and title and treaty negotiations with First Nations in British Columbia (BC) are inextricably linked. While much has been written on the impacts of a small number of such legal decisions, there has been very little research that critically examines how legal decisions on Aboriginal rights and title, in general, influence the way the parties to the BC treaty process conduct treaty negotiations. In-depth interviews with ten First Nations, provincial, and federal chief negotiators/advisers, together with British Columbia Treaty Commission (BCTC) commissioners and senior-level program staff, suggest that legal decisions on Aboriginal rights and title influence the conduct of treaty negotiations in an indirect and serpentine manner. Further to this, the results suggest that legal decisions on Aboriginal rights and title may act to simultaneously facilitate and constrain the conduct of negotiations.