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Conflict Managment

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Conflict Management ­HRM624
VU
Lesson 2
DISPUTE RESOLUTION 1
Quotation
We should look in society not for consensus, but for in eliminable and acceptable conflicts, and for
rationally controlled hostilities, as the normal condition of mankind...Harmony and inner consensus come
with death.
Stuart Hampshire (1914 - 2004)
British philosopher.
Conflict
Conflict is a natural and inevitable part of all human social relationships. Conflict occurs at all levels of
society-intrapsychic, interpersonal, intra-group, inter-group, intra-national and international (Sandole &
Staroste, 1987).
People with different beliefs, values and expectations effectively live in different worlds.
It leads to: more they talk, more they experience frustration and hostility; may result in violent conflict.
This course deals with conflict dynamics and cooperative process of conflict management-negotiation,
meditation, facilitation, problem solving, and conflict resolution.
Emotions in Conflict Management
Emotions play an important role in the conflict management, although it is only in recent years that their
effect is being studied. Emotions have the potential to play either a positive or negative role in negotiation.
During negotiation, the decision as to whether or not settle rests in part on emotional factors. Negative
emotions can cause intense and even irrational behavior, and can cause conflicts to escalate and negotiations
to break down, while positive emotions facilitate reaching an agreement and help to maximize joint gains.
Humans have 400 emotions. Fear, anger, depression, satisfaction are the primary emotions.
Positive affect in Negotiation
Even before the negotiation process starts, people in a positive mood have more confidence, and higher
tendencies to plan to use a cooperative strategy. During the negotiation, negotiators who are in a positive
mood tend to enjoy the interaction more, show less contentious behaviour, use less aggressive tactics and
more cooperative strategies.
Negative affect in Negotiation
Negative affect has detrimental effects on various stages in the negotiation process. Although various
negative emotions affect negotiation outcomes, by far the most researched is anger. Angry negotiators plan
to use more competitive strategies and to cooperate less, even before the negotiation starts. These
competitive strategies are related to reduced joint outcomes. During negotiation, anger disrupts the process
by reducing the level of trust, clouding parties' judgment, narrowing parties' focus of attention and changing
their central goal from reaching agreement to retaliating against the other side.
The effect of the Partners' Emotions
Specific emotions were found to have different effects on the opponent's feelings and strategies chosen:
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Conflict Management ­HRM624
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a) Anger
Anger caused the opponents to place lower demands and to concede more in a zero sum negotiation,
but also to evaluate the negotiation less favorably. It provoked both dominating and yielding behaviors
of the opponent.
b) Pride
Pride led to more integrative and compromise strategies by the partner.
c) Guilt
Guilt or regret expressed by the negotiator led to better impression of her by the opponent, however it
also led the opponent to place higher demands.
d) Worry or Disappointment
Worry or Disappointment left bad impression on the opponent, but led to relatively lower demands by
the opponent.
Conflict resolution
There are many ways to resolve conflicts - surrendering, running away, overpowering your opponent with
violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes
referred to simply as conflict resolution, grew out of the belief that there are better options than using
violence or going to court. Today, the terms ADR and conflict resolution are used somewhat
interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside
of the traditional court system. The field of conflict resolution also includes efforts in schools and
communities to reduce violence and bullying and help young people develop communication and problem-
solving skills.
Alternative Dispute Resolution (ADR)
Dispute resolution processes used in the resolution of legal, commercial, and other interpersonal conflicts
a) Other than litigation
b) Other than doing nothing
c) Other than illegal or violent means
In simple words, alternative Dispute Resolution, or ADR, is a way of resolving disputes without going to
court.
Forms of resolving conflict (Alternative Dispute Resolution)
Common forms of conflict resolution include:
a) Negotiation
b) Meditation
c) Conciliation
d) Arbitration
e) Adjudication
Negotiation
Negotiation is a discussion among two or more people with the goal of reaching an agreement.
Broadly speaking, negotiation is an interaction of influences. Such interactions, for example, include the
process of resolving disputes, agreeing upon courses of action, bargaining for individual or collective
advantage, or crafting outcomes to satisfy various interests. Negotiation is thus a form of alternative dispute
resolution.
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Conflict Management ­HRM624
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Negotiation involves two basic elements: the process and the substance. The process refers to how the
parties negotiate the context of the negotiation, the parties to the negotiation, the relationships among these
parties, the communication between these parties and the tactics used by the parties. The substance refers to
what the parties negotiate over, the agenda the issues, the options, and the agreements reached at the end.
Meditation
Mediation is a voluntary and confidential process in which a neutral third-party facilitator helps people
discuss difficult issues and negotiate an agreement. Basic steps in the process include gathering information,
framing the issues, developing options, negotiating, and formalizing agreements. Parties in mediation create
their own solutions and the mediator does not have any decision-making power over the outcome.
Conciliation
Conciliation is the least intrusive of third-party processes. A neutral person agreeable to all parties is
selected to serve as conciliator. The conciliator serves as a go-between. Typically the conciliator meets
separately with each party in attempts to persuade the parties to proceed with each other. Thus, the
conciliator's primary role is to reestablish or improve communication between the parties.
When the parties are too angry to speak with each other, a conciliator may be all that is needed.
Arbitration
Arbitration is a process in which a third-party neutral, after reviewing evidence and listening to arguments
from both sides, issues a decision to settle the case. Arbitration is often used in commercial and
labor/management disputes.
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including
legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and
obligations between the parties involved.
Three types of disputes are resolved through adjudication:
a) Disputes between private parties, such as individuals or corporations.
b) Disputes between private parties and public officials.
c) Disputes between public officials or public bodies.
Interdependent relationship
Contrient interdependence
Defined ­ meeting one party's goals is seen to harm the other party's goals.
Zero-sum situations are those seen by the parties as perfectly contrient ­ the more one party is benefited
the more the other is harmed. In other words, benefit "sums to zero."
Promotive interdependence
Interdependence may also be positive (known as "promotive interdependence").
Defined ­ meeting one party's goals is seen to promote the other party's goals
Virtually all conflicts combine promotive and contrient interdependence.
An interpersonal conflict in which both the promotive and contrient aspects of interdependence are
recognized is known as a "mixed-motive" situation.
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Conflict Management ­HRM624
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Alternative Dispute Resolution (ADR) in Pakistan
Various alternative dispute resolution (ADR) techniques are used in Pakistan. Some of the relevant
laws/provisions dealing with ADR are as follows:
1. Section 89-A of the Civil Procedure Code, 1908 (as amended in 2002) read with Order X Rule 1-A
(deals with alternative dispute resolution )
2. The small Claims and Minor Offences Courts Ordinance, 2002
3. Sections 102-106of the Local Government Ordinance, 2001
4. Sections 10 and 12 of the Family Courts Act, 1964
5. The Arbitration Act, 1940
6. Article 156 of the Constitution of Pakistan, 1973 (National Economic Council)
7. Article 184 of the Constitution of Pakistan, 1973 (Original Jurisdiction when federal of provincial
governments are at dispute with one another)
Parties to Conflict
Disputants
In the interpersonal conflict, those who have incompatible goals are called disputants.
Disputants may be individuals, groups, corporations, congregations, communities, nations, or any collective
of people.
Agents
One who acts on behalf of a disputant is called an agent.
Or a representative who acts on behalf of other persons or organizations is called an agent.
Advocate
An advocate is a kind of agent. The one who speaks on behalf of another, especially in a legal context is
called an agent. Implicit in the concept is the notion that the represented lacks the knowledge, skill, ability,
or standing to speak for themselves. Common advocates include lawyers, activists, and public relations
consultants.
Dispute
Dispute is a disagreement or argument about something important.
Dispute Resolution
The methods that people use to resolve interpersonal conflicts are called dispute resolution.
Advantages of ADR
·  Less formal
·  Less costly and
·  Less time-consuming than going to court.
·  Results are specific to your needs
Factors that Distinguish Dispute Resolution Processes
Dispute resolution processes are distinguished from each other on the following bases:
·  Who decides the outcome?
·  Who participates in the process?
·  Under what auspices is the process provided?
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Conflict Management ­HRM624
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Negotiation and Adjudication
Negotiation: dialogue or communication between the disputants aimed at settling interpersonal conflict.
Adjudication: process in which neutral third party renders binding decision in interpersonal conflict.
Negotiation Models
Negotiation
Figure
Disputant
Disputant
"Persuade" directions
Decision makers
Other participants
Negotiation with Agents or Advocates
Agent
Agent
or
or
advocate
advocate
Disputant
Disputant
Other
Decision makers
participants
"Persuade"
directions
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Conflict Management ­HRM624
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Mediation Model
Neutral
Disputant
Disputant
"Persuade"
"Assist"
Other
Decision makers
directions
directions
participants
Nonbinding
Evaluation
Neutral
Non-
binding
decision
Disputant
Disputant
"Persuade"
"Assist"
Other
Decision makers
directions
directions
participants
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Conflict Management ­HRM624
VU
Basic Dispute Resolution Forms
Agent or
advocate-
Simple
assisted
Negotiation
Assisted/
Mediation
Facilitated
Mixed/Hybrid
Nonbinding
ADR
Evaluation
Litigation
Agency Adjudication
Adjudication
Arbitration
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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