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Conflict Managment

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Conflict Management ­HRM624
VU
Lesson 41
MIXED AND MULTIMODAL DISPUTE RESOLUTION
Designing New Dispute Resolution Systems
The first heuristic involves the relationship between three ways of resolving disputes: by negotiating
interests, by adjudicating rights, or by pursuing power options (such as strikes or lockouts).
The following diagram shows a distressed conflict management system, such as the one found at Caney
Creek before it was improved, and a healthy dispute management system that resolves most disputes at the
interest level, fewer at the rights level, and fewest through power options. This is healthy for several
reasons.
Negotiating interests is less expensive than adjudicating rights or pursuing power options.
Negotiating interests results in mutually satisfactory solutions, while the other two approaches are win-lose,
meaning one side wins and the other side loses. When power-based approaches are tried, the losing side
often is angry, and may try to "get back" at the other side whenever they get the chance. Interest-based
negotiation is usually less time consuming than the other approaches.
Six System Design Principles
1. Put the focus on interests. This means any dispute resolution should start with a process (either
direct negotiation or mediation) where the parties try to solve the problem using interest-based
bargaining. This is the best way to find a solution that satisfies everyone. Only when this doesn't
work, you move on to rights-based processes (such as arbitration) or power-based processes (such
as elections).
2. Provide low-cost rights and power backups. Arbitration, voting, and protests are low-cost
alternatives to rights and power contests. Although they are higher in cost than negotiation, they
are less costly than adjudication or violent force.
3. Build in "loop-backs" to negotiation. Rights-based and power-based strategies for resolving
disputes seldom need to be played out to the end. Rather, as soon as it is clear who is going to
"win," parties can return (the authors call this "loop-back" to negotiation to develop a solution
which best meets their needs, as well as their rights). A common example of such a "loop-back"
process is when parties settle a lawsuit out of court. As soon as it becomes clear who is likely to
win, it is advantageous for both sides to avoid the costs and uncertainty of further litigation, and
negotiate a solution to their dispute.
4. Build in consultation before, feedback after. Increasing shared information is a basic strategy in
ameliorating all conflicts. Consultation and feedback mechanisms between parties provide a
consistent and reliable method of sharing information.
5. Arrange procedures in a low-to-high-cost sequence. Dispute-resolution systems typically have
a series of steps. If one has a grievance or a conflict with another person or an organization, first
you try to solve it on your own, and then you seek the help of a lawyer, etc. Ury, Brett, and
Goldberg advise that by arranging dispute-resolution procedures in a low-to-high-cost sequence
one can reduce the probability of rapid escalation. Minimizing this tendency toward rapid escalation
had the added benefit of reducing enmity and increasing faith in the ability of the system to resolve
basic disputes.
6. Provide the necessary motivation, skills, and resources. An alternative system can function
only if people buy into it. People are creatures of habit, and this is the greatest limit to broad-based
systemic change. While there may be active resistance from some groups to new dispute-resolution
systems, the greater problem is spreading the skills, knowledge, and habits that reinforce the new
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Conflict Management ­HRM624
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system. It is incumbent on the elites in the conflict, and third-party interveners, to provide the
resources and time necessary to generate cooperation with the new system.
Designing
New
Dispute
Resolution
Systems
While every situation is unique, the typical steps involved in dispute resolution systems are the
following:
Dispute Resolution System Design
1. Establish a process for making decisions about new or enhanced dispute resolution processes.
2. Identify and diagnose the causes of recurring ORG conflicts and effectiveness of existing dispute
handling procedures.
3. Examine the range of options for additional procedures or revisions of existing procedures.
4. Select or revise conflict resolution procedures, considering the corporate culture and the kinds of
disputes that arise.
5. Organize the selected procedures in a comprehensive conflict management system.
6. Seek support from key organizational constituencies and secure approval for the proposed new
system.
7. Develop a plan for implementing the new system and promoting its use. Train personnel to
administer the system and to provide specific services, such as mediation.
8. Create a process for quality control, feedback and refinement of the system.
Guiding a Disputant
·  Screening clerk
Room 1
·  Mediation
Room 2
·  Arbitration
Room 3
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Conflict Management ­HRM624
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·
Face finding
Room 4
·
Malpractice screening panel
Room 5
·
Superior court
Room 6
·
Ombudsman
Room 7
ADR and the Internet
ADR of cyber disputes: use of ADR to resolve disputes occurring in the online environment
Online dispute resolution (ODR): use of online platforms to resolve conflicts of all origins
ODR Varieties
Following are some of the ODR varieties.
1. ADR by email
2. ADR with web-based conferencing
3. ADR using technologically sophisticated, multimodal platforms
4. Analytical tools added to multimodal platforms
5. Blind bidding sites
6. Online summary jury trial
Advantages of ADR Conducted Online
Following are the advantages of the ADR conducted online.
1. Transcend geographic and time-zone differences
2. More immediate than letter writing
3. Time to diagnose conflict, think, respond appropriately
4. Protect intimidated disputants
5. Separate enraged disputants
6. Handle disabilities that prevent attending sessions
7. Technologies allow better conflict diagnosis
Disadvantages of ADR Conducted Online
Here are some of the disadvantages of the ADR conducted online.
1. Disempowers computer-illiterate; people who write poorly
2. Disempowers people with impaired access to Internet
3. Lack of body language, technology problems may produce meta-disputes
4. ADR neutrals lose non-verbal information
5. Disputants may abandon process
Dispute Resolution System Design
Dispute Resolution System Design is
1. Performed by consultants
2. Used by large organizations
3. Tailor dispute resolution processes and procedures to fit entity or enterprise
Legal Issues in ODR
There are some issues which are involved in ODR e.g.
1. Where did the dispute arise? (cyberspace dispute choice of law problem)
2. Where is ADR taking place? (ADR choice of law problem)
3. How can settlements be enforced?
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Extensions of Dispute Systems Design
Several authors advocate refinements to make dispute systems design more effective. For example, Rowe
suggests that an effective dispute-resolution system should incorporate:
1.
Commitment to the values of fairness and freedom from reprisal;
2.
Interest- and rights-based options;
3.
Multiple access points;
4.
An organizational ombudsperson;
5.
Wide scope; and
6.
Continuous improvement via an oversight committee.
Lynch argues that an effective system should incorporate:
1. Responding to stakeholder interest;
2. Reflecting important values;
3. Promoting the mission of the new agency;
4. Providing visible support by the organization's leadership;
5. Loop-backs forward and back between interest- and rights-based options;
6. A system that is fair, flexible, friendly, and fast;
7. The goal of resolution at a low level; and
8. Mechanisms by which the organization can shift from conflict resolution to management.
Extensions of Dispute Systems Design
Slaikeu and Hasson outline four principles for an effective system:
1. It should acknowledge four means of resolution (essentially, power, rights, interest, and avoidance);
2. It should include prevention and early-intervention options;
3. It should seek to build collaborative strength through seven checkpoints;
4. It should utilize the mediation model in order to build consensus among those involved.
Summary
Dispute resolution systems are necessary for resolving ongoing disputes around us, in our personal and
work lives. ODR (online dispute resolution) systems are also becoming need of the time. People are finding
solutions through online systems.
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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