A Theory of Procedure

The search for the most effective conflict resolution procedure requires identfication of the primary objective in resolving different kinds of disputes. This Article focuses on the kind of disputes considered in the legal system and draws on the results of the authors' empirical studies to develop a general theory ofprocedure for attaining the objectives of truth and ustice in situations of cognitive conflict, conjlict of interest, and in mixed disputes. In this Article, we propose a general theory of procedure for resolving conflicts, with special attention to disputes dealt with in the legal process. For a number of years we have applied the theories and methods of social psychology in our research to examine and compare the characteristics of various procedural systems incorporated in the legal process.' Until now we have published only the reports of particular projects, with occasional speculation about more general issues. But now we have developed the body of our research sufficiently to make a more comprehensive statement. In this Article we propose a general framework for analyzing and classifying all conflict resolution procedures, including, of course, all procedures employed in the legal proc-