走向冲突解决的四层模式

TOWARDS A FOUR-TIERED MODEL OF CONFLICT RESOLUTION

This paper aims to lay down the foundations upon which stands an unprecedented and unparalleled four-tiered model of conflict resolution, which is bound to be a seismic shift in the remit of mediation. The foregoing model of conflict resolution rests upon four pillars. The first pillar has been coined the social dynamics of conflict resolution. The second pillar has been dubbed the cultural dynamics of conflict resolution. The third pillar has been baptized the legal dynamics of conflict resolution. Finally, the fourth pillar has been called the cross-border and cross-cultural dynamics of conflict resolution. The overriding goal of this paper is to carve out a functional conflict resolution framework amenable to assuage the yawning chasm between law and the underlying social reality of/in a given jurisdiction. To cater to that, this paper endeavours to cast a new light on the polymath Professor Niklas Luhmann´s ground-breaking academic work with a view to support my central claim that social sub-systems (ranging from culture, society, religion, political ideology, economy, philosophy, and law) have permanently interacted with each other throughout the vast swathes of history (and) for a long-winded time. Following on the heels of such assertion, the sweeping objective underpinning this paper is to set forth a full-fledged and comprehensive model of conflict resolution that parses mediation in four perspectives with a view to yield both a sought-after long-term harmony-equilibrium and a wealth procedural maximization across jurisdictions.