Mode of Conflict-Solution in Living World: Study on Rental Housing and Traffic Accident Problems

• Main Authors: LEE, SEN-HSING, 李森興
• Other Authors: Lee, Wai-Ting
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/b76gh3

碩士 === 國立聯合大學 === 資訊與社會研究所 === 102 === Abstract Settling the daily conflicts of people in general is an important social issue worth researching, but academic literatures on this topic are currently limited. This article tackles cases like common tenancy disputes and car accidents that cause conflicts between people, the definition of the problem by disputing parties, as well as settlement methods and modes. The existing data shows that understanding and handling conflicts could be accomplished by means of trust, social networks or unspoken rules. However, this article attempts to further determine whether the problem-solving patterns of most people are logical, structured, or based on some unspoken rules. More importantly, it poses the following questions: Is there actually a clear set of rules in society? To what extent are conflict-solving rules clear or vague? How do people solve problems when rules are not clear enough? Will the settlement of conflicts change with the presence or absence of a mediator? What is the role and function of a mediator? In the mediation process, how does the mediator define and deal with the problem? Who requests whom for help and when, based on which unspoken rules? Considering the way of living of people in general, qualitative research helps compensate for the lack of legal discussion and derives a more generalized social code for daily settlement of disputes. This study concludes the following four points: First, people’s relatively high degree of trust on reputable mediation service representatives helps in settling disputes. Second, when the rules are clear, people in general often utilize social networks and give red envelopes as gifts. When rules are vague, one of the parties involved deliberately causes delays which are not beneficial to the negotiation process. Third, the cause of most conflicts and mediators’ failed mediation is the parties’ attitudes. Mediators facilitate communication, interpretation and persuasion. Mediators with education, experience and expertise in conflict resolution are more suited to this field. Fourth, the unspoken rules in customary laws with reference to the effectiveness of system approach, can reduce the social cost of negotiations. With settling daily conflicts of people in general as the topic, this study aims to help people and relevant mediators in handling future conflicts as well as future researchers by providing new and clear ideas on conflict resolution . Keywords: conflict; negotiation; unspoken rules