What Happens To The Dyad

1091 Words5 Pages

Norms are like the guidelines for how people should act in society. It facilitates collective action problems and helps society get along. Now, what would happen if two people have conflicting views of these norms? The two people, or the dyad, can either settle it on their own or install a third party to solve the problem. The third party adds to the dyad making it a Triad. Usually a judge will be the third party and he/she will continue on with the triadic dispute resolution (TDR). The third party has certain characteristics that help solidify and legitimize the process to ensure compliance from both parties. The process in which the judge is chosen also adds to legitimize his/her final decision. The key here is compliance. Starting from …show more content…

In order for the initial dyad to comply with the decision of the judge, both parties will need to believe that the judge is legitimate, trustworthy and unbiased. In order to achieve these qualities, judges undergo a selection process. This process works in way that it eventually weeds out the candidates that are not qualified for the position. If a candidate falters at any point the selection process than they will not succeed. “Obstacles to achieving the legal degree, obtaining the right experiences, or meeting the best political power brokers are all elements of judicial recruitment, as well as how the final selection is made” (Volcansek, 2007). As people witness the candidates make it through the selection process, they build legitimacy because of the fact that the candidates actually make it through process. People perceive the process as difficult, daunting and hard to complete, so it must be assumed that only the best come out on top and they should be treated as …show more content…

If the losing party does not comply with ruling, then the judge cannot efficiently resolve the dispute. Alec Sweet explains that “contractants must perceive that they are better off in a world with TDR than they are in a world without TDR” (Sweet, 2000). The third party is charged with taking the norms and applying it to the situation. In order to make sure that the conflict does not happen again the third party works off that norm to expand its meaning. This would be a judge interpreting what the law means and expanding on its meaning to prevent future conflict, while also undermining the norm itself. In order to make sure that it does not look as though the judge is making up the rules as he/she goes, he/she makes sure to base the new law on the previous one. If he/she does not make it retrospective in nature, than it will no longer seem legitimate and compliance is thrown out. The judge will make sure not to declare one person complete victor in order to ensure the losing party complies with the outcome. If the judge decided to go with one party over the other, he/she will be perceived as bias and no longer