The Open University of

Tanzania (OUT)

DISPUTE SYSTEM DESIGN

Dr. MAULANA AYOUB ALI
04 Jan, 2022

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 PREVIOUS CLASS
Causes of
disputes
and
Conflicts

Selected
Other tools
theories on
(as a take
the causes
away)
of conflicts

Analytical
Tools for
causes of
conflict
conflicts or
analysis
disputes

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 OTHER TOOLS/TAKE AWAY
• The Pyramid
• Pillars
• Force Field Analysis
• The Onion
• Conflict Tree
• The ABC (Attitude, Behaviour, Context)
Triangle
• Conflict Mapping
• Timeline
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 CLASS LAYOUT
Dispute
System Design
What do we
Dispute Design mean by Dispute
Framework System Design

Characteristics Divisions in
of the best Dispute System
Dispute Design Design

Assessing Quality
of Dispute System

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 Meaning
“Dispute System Design is an INTERNAL process
adopted to PREVENT, MANAGE or RESOLVE
disputes connected to an ORGANIZATION or
INSTITUTION”
1. INTERNAL (OWN ARRANGEMENT)
2. PREVENT (ZERO DISPUTES)
3. MANAGE (WHEN DISPUTE OCCURS)
4. RESOLVE (ENDING DISPUTES)
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• An institution may follow only one FORMAL
process (Eg. Arbitration)

• An institution may opt MULTI ADR options

• Record shows that many institutions opt only

one process in PREVENTING, MANAGING and
RESOLVING conflicts
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Divisions in Dispute System Designs

INTERESTS

POWERS RIGHTS

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 INTEREST

This is when parties are in the conflict of interest

including ECONOMICAL, RELATIONAL, POLITICAL
or SOCIAL values

The design should allow parties to NEGOTIATE

themselves DIRECTLY or with the AID of a THIRD
PARTY

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 RIGHTS
This is when the Dispute System Design is set to
resolve disputes emanating from infringement
of parties' rights

Neutral third party is mostly used to solve

disputes of this nature

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 POWERS
A particular Dispute System Design should be
kept in place for the purpose of taking care of
disputes resulting from “power struggle”
The use of LOCKOUTS, STRIKES or VIOLENCE may
be suitable
COSTLY in terms of RELATIONSHIP between
parties

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ASSESSING QUALITIES OF DISPUTE
SYSTEMS
• Fairness
• Efficiency
• Stability
• Wisdom (Outcomes)
• Transaction cost
• Satisfaction Level
• Relationship (After ending the Dispute)

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 Qualities cont.
• Effectiveness on the durability and the nature
of the outcome

• Effect on the organization environment

• Satisfaction with the process and the

relationships

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 CHARACTERISTICS OF THE BEST
DISPUTE SYSTEM DESIGN
• Having multiple process options for parties
• Flexibility (Looping Back, Looping Forward)
• Involvement of stakeholders
• Having voluntary and confidential participation
• Transparency and Accountability
• Awareness and training of stakeholders
• Conformity of the system with legal and societal
norms

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Dispute System Design Framework

Goals
Process and
Structure
Stakeholders
Resources
Success and
accountability

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 Framework…
Goals
• Conflicts to be addressed
• Accomplishment of the System Designer
Process and Structure
• Process to be used (Prevent, Manage &
Resolve)
• (Linkages and Integration) When more than
one process is used
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• Interaction with the FORMAL LEGAL SYSTEM
Stakeholders
• Identification of stakeholders
• What are their powers
• Representation of their powers in the system
Resources
• Financial resources supporting the system
• Human resources supporting the system

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 Success and Accountability
• How transparent is the system?
• Any evaluation component?
• Is the system successful?

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 Task
1. Select any three institutions (local and
international) and study their internal dispute
system designs
2. (a) Find out dispute resolution mechanisms
employed by the East African Community
(EAC) and South African Development
Community (SADC)
(b) How these two mechanisms DIFFER

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END

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