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Mirror as Prism
Washington University Journal of Law and Policy (2014)
  • Kenneth H Fox, Hamline University

As cooperative private international dispute resolution practices become increasingly common, it is tempting for conflict practitioners to assume that the human relations insights, skills, and practices that worked well for them at home will be equally effective (and appropriate) in an international, cross-cultural environment. Attending to the human dimension of conflict and interaction should be a central part of global negotiation and dispute resolution practice.

This Essay focuses on two dimensions of reflective and reflexive practice. It first discusses the nature of reflection-on-action and reflection-in-action from a modernist (“reflective”) and postmodern (“reflexive”) perspective. It then examines how engaging with practice reflexively reveals additional dimensions of awareness about ourselves, other parties, and the conflict context. Finally, the article brings together the elements of reflective and reflexive practice to articulate a more holistic conception of “awareness” that can help conflict practitioners more purposefully learn from past experience and develop greater awareness as conflict interactions unfold.

  • ADR,
  • Dispute Resolution,
  • Reflective Practice,
  • Reflexive Practice,
  • Mindfulness
Publication Date
Citation Information
Kenneth H Fox. "Mirror as Prism" Washington University Journal of Law and Policy Vol. 45 (2014)
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