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Conflict Managment

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Conflict Management ­HRM624
VU
Lesson 33
ADVANTAGES AND DISADVANTAGES OF MEDIATION II
Quotations
Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the
lawyer has a superior opportunity of being a good man. There will still be business enough.
Abraham Lincoln (1809 - 1865) U.S. president.
Win your lawsuit and lose your money.
Anonymous, Chinese Proverb.
Advantages and Disadvantages of Mediation
The following points can help decide the advantages and disadvantages of mediation.
·  Quality of consent
·  Position-based vs. principle based mediation
·  Finality of ADR process
·  Individual transformation
·  Benefit for legal council
·  Comparative advantages and disadvantages of mediation, arbitration, and litigation
Quality of Consent
Quality of consent refers to how willing the disputants are to accede to the process and outcome. And also,
is this consent freely given and disputant is well informed?
Seven quality-of-consent attributes in dispute resolution:
·  Explicit identification of principals' goals and interests
·  Explicit identification of plausible options for satisfying these interests
·  Disputants' generation of options for achieving their interests
·  Disputants' careful consideration of these options
·  Neutral's restraint in pressuring principals to accept particular outcome
·  Limitation on the neutral's use of time pressure
·  Neutral's confirmation of principals' consent to selected options
Quality of Consent Effect
Disputants tend to "psychologically own" the outcome and the outcome tends to be more durable. If there
is a failure of the settlement, the disputants may act more constructively.
Relationship Preservation
Mediation is widely regarded as the most effective dispute resolution process for preserving ongoing
disputant relationships. This advantage of mediation is particularly important in situations in which
disputants will be required to deal with each other after the conflict is resolved. Examples of such situations
include parents who are divorcing, disputes between neighbors, disputes between corporate shareholder
groups, landlords with rental disputes with tenants, parent teacher conflicts etc.
Conflict Management and Prevention
Mediators diagnose the conflict and act accordingly. Mediators (particularly facilitative) promote interests
analysis.
Effects:
1. Impasses can be avoided ­ disputants are better focused on the joint task and not on scoring points
against each other
2. Outcomes are optimized to the situation and often quite creative
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Conflict Management ­HRM624
VU
3. Better resolution of entire dispute possible
4. Mediation flexible in scope, deals with entire situation
5. Mediator diagnosis of conflict
6. Mediator exploration of disputant interests
Outcome flexibility
Result: more effective and complete outcomes
Effects of mediation when no settlement is attained:
When no settlement is attained in a dispute, then following are the effects of mediation
1. Clarify and narrow the issues
2. Promote cooperative interactions
3. Increase both disputants' expert power and knowledge of BATNA
4. Directly discuss strategies for resolving unresolved issues
Effects on the parties to mediation:
It teaches dispute resolution, negotiation, and conflict diagnosis skills. It may have some long-term positive
effects on relationships (but evidence does not bear this out).
Effect on social system:
Widespread use of mediation could improve the cultural approaches taken to conflict (impossible to
determine whether this is happening).
Litigation
Arbitration
Mediation
Formal process
Less formal process
Least formal process
Formal rules of evidence
Rules of evidence
Rules of evidence do not
relaxed
apply
Formal discovery
Limited discovery
Informal fact-finding
Public record
Hearings are private
Private and confidential
Judge/Jury makes
Arbiter makes decision
Parties make decision
decision
Verdicts final, subject to
Decisions can be binding Parties decide whether
appeal
with limited appeal
to settle; agreements
rights
are enforceable
contracts
Expensive and time-
Often quicker and
Quicker, cheaper and
consuming
cheaper than
less stressful than
litigation
litigation
Summary
Quality of consent is an important factor behind the success of mediation as a strategy to resolve conflict.
Presently informal mediation is prevalent in Pakistan but formal mediation will become significant. NAB
has used mediation or ADR strategies to resolve conflict between or among disputants.
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Table of Contents:
  1. INTRODUCTION TO CONFLICT:Dispute, Legal Dispute, Call the police
  2. DISPUTE RESOLUTION 1:Positive affect in Negotiation, Alternative Dispute Resolution
  3. DISPUTE RESOLUTION II:Adjudication, Litigation, Mediation-Arbitration
  4. PRECONCEPTIONS ABOUT CONFLICT I:Pedagogical development, Pressures against Innovation
  5. PRECONCEPTIONS ABOUT CONFLICT II:Cultural beliefs about interpersonal conflict, Why strategies of change fail
  6. CONFLICT DIAGNOSIS:Who Needs to Know About Conflict Diagnosis?, Steps in Conflict Diagnosis
  7. RECURRENT THEMES IN CONFLICT DIAGNOSIS I:The Seven Steps of Social Behavior, Seven steps to diagnose conflict
  8. RECURRENT THEMES IN CONFLICT DIAGNOSIS II:Themes of Conflict Diagnosis
  9. DESCRIBING THE CONFLICT I:Description of Conflict, Identifying Interpersonal Conflict
  10. DESCRIBING THE CONFLICT II:Step 1 for Conflict Diagnosis, interpersonal or intrapersonal
  11. SOURCES AND CAUSES OF CONFLICT I:Main Sources of Conflict, Discussing major sources of conflict
  12. SOURCES AND CAUSES OF CONFLICT II
  13. INTEREST ANALYSIS I:Analyzing your interests, Analyzing the other disputant’s interests
  14. INTEREST ANALYSIS II:What are interests?, Tips for Interest Trees
  15. INTEREST ANALYSIS II:Principles and values, Basic Human Needs
  16. ASSESSING THE CHARACTER OF THE CONFLICT I, Premises of Deutsch’s Theory
  17. ASSESSING THE CHARACTER OF THE CONFLICT II:Techniques to transform competitive conflict into cooperative
  18. TRUST AND ITS SIGNIFICANCE I:What is Mistrust,Trust and business,Three levels of trust
  19. TRUST AND ITS SIGNIFICANCE II:Advantages of high trust level, Building of trust
  20. ASSESSING IMPEDIMENTS TO RESOLVE THE CONFLICT I:Motivation to seek vengeance, Mistrust
  21. ASSESSING THE IMPEDIMENTS TO RESOLVING THE CONFLICT II:Disempowered Disputant, Unpleasant Disputant
  22. ASSESSING THE NEGOTIATING STYLE I:Dual Concern Model, Dominating or competition style
  23. ASSESSING THE NEGOTIATING STYLE:Dual Concern Model, Tactics Used In Integrating
  24. ASSESSING POWER AMONG DISPUTANTS:Conflict and Power, Kinds of power in the Relationship Domain
  25. ASSESSING POWER AMONG DISPUTANTS II:Sources of Relationship Power, Context and Power
  26. POWER, CONFLICT, AND BATNA III:Role of Third Party in BATNA, Dealing with Power Imbalance
  27. STEREOTYPES, DIVERSITY, AND CONFLICT I:Stereotyping, Stereotyping in Interpersonal Conflict
  28. STEREOTYPES, DIVERSITY, AND CONFLICT:Categories of Diversity Issues, Seven Mental Processes to Prove Stereotypes
  29. STEREOTYPES, DIVERSITY AND CONFLICT III:Individual Difference and Social Category, Cultural differences in values
  30. MEDIATION I:When is mediation required, Processes Related to Mediation, Product of Mediation
  31. MEDIATION II:Important distinguishing factors, More Advantages and Disadvantages of Pure Mediation
  32. ADVANTAGES AND DISADVANTAGES OF MEDIATION I:Efficiency Consideration, Conflict Management and Prevention
  33. ADVANTAGES AND DISADVANTAGES OF MEDIATION II:Quality of Consent, Effects on the parties to mediation
  34. PROCESS OF MEDIATION:Stages of Mediation, Facilitative tactics in mediation
  35. LAW AND ETHICS OF MEDIATION I:Characteristics of mediation, Confidentiality
  36. LAW AND ETHICS OF MEDIATION II:Role of ethics in mediation, 8 Dimensions of Ethics in Mediation
  37. ARBITRATION I:Ways to Resolve Conflict, Advantages of Arbitration, Disadvantages of Arbitration
  38. ARBITRATION II:Varieties of Arbitration, Process of Arbitration, Contents of Arbitration Act
  39. NON BINDING EVALUATION:Disadvantage, Varieties of Non-binding Evaluation
  40. NON BINDING EVALUATION II:Varieties of Non-binding Evaluation, Advantages and disadvantages of Non-binding Evaluation
  41. MIXED AND MULTIMODAL DISPUTE RESOLUTION:Six System Design Principles, Extensions of Dispute Systems Design
  42. POWER TOOLS AND MAGIC KEYS I:Introduction, Necessity of conflict diagnosis, Using conflict diagnosis
  43. POWER TOOLS AND MAGIC KEYS II:Proposed Contents of a Clients’ Interview, Impediments to use facilitative mediation
  44. PANCHAYAT, LOCAL GOVERNMENT SYSTEM, AND ADR, Definitions of Panchayat, Definition of Jirga
  45. SUMMARY AND MESSAGE OF THE COURSE:Definitions of conflict, Negotiation, Meditation, Adjudication