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Conflict Managment

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Conflict Management ­HRM624
VU
Lesson 42
POWER TOOLS AND MAGIC KEYS I
Quotation
With the world becoming a smaller and more vulnerable place, we have no choice to continue to engineer
an increasingly effective array of alternative tools for dealing with interpersonal conflict.
Lauri S. Coltri
There is one thing stronger than all the armies in the world, and that is an idea whose time has come.
Victor Hugo
"A camel is a horse designed by a committee" Anonymous
We will learn in this lecture
1. The potential for conflict diagnosis to improve the delivery of legal services.
2. The ethical and practical issues that complicate the use of conflict diagnosis by lawyers and legal
assistants.
3. The ethical obligation of lawyers to advise their clients of ADR options and the scope of this
obligation.
4. Approaches to lawyering that incorporate the ideas advanced in this text book, including client-
centred lawyering and collaborative law.
5. How to use conflict diagnosis to develop effective strategies and tactics for representing legal
disputants.
6. A leading approach to selecting a dispute resolution process and provider, known as fitting the
Forum to the Fuss.
7. An alternative approach to selecting a dispute resolution process and provider, suggested by the
principles of conflict diagnosis.
Introduction
You have been introduced until now with the conflict diagnosis, a theory based set of skills. As a stand
alone technique, conflict diagnosis is a practical method of understanding and analyzing interpersonal
conflict, particularly legal disputes. After reading this course you must have recognized that you are now
able to use less destructive and useful approaches to resolving conflicts.
Necessity of conflict diagnosis
Conflict diagnosis is mentally challenging and time consuming. That is why most lawyers would say that
conflict diagnosis is not necessary. And that the efforts to develop an understanding of underlying interests,
sources of conflict, personal power, and the need to preserve relationships and trust are in the domain of
the client alone. However some will say yes it is necessary. The reason is that the invisible veil will always
hide many important aspects of interpersonal conflict from those involved in it. Most of the time one enters
a conflict aware of the resource disputes, preferences and nuisances problems, and perhaps the disputes
over facts or law, but little else. The hidden information will be critical to assessing the hidden conflict, the
participants' most interests, the opportunities presented by the other disputant's interests. Emotional issues
and hidden interests may complicate or impede resolution. Once adversarial negotiation or litigation starts,
it is extremely hard to find out about them.
Using conflict diagnosis
The practice of conflict diagnosis has two major uses in dealing with legal disputes and transactions. It
assists the disputant or conflict professional in
1. Choosing strategies and tactics for handling conflict and
2. Choosing a dispute resolution process and provider
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Conflict Management ­HRM624
VU
Choosing strategies and tactics for handling conflict
In real-world interpersonal conflict, the practice of conflict diagnosis can reap benefits if applied early,
before ADR is even a consideration. A disputant or conflict professional who regularly engages in conflict
diagnosis can maximize gain for clients, prevent conflict escalation and dispute recurrence, ensure optimal
resource use, and for disputes that involve ongoing relationships, protect the viability of these relationships.
Legal professionals and other advocates can enhance their advocacy role by applying conflict diagnosis as
early as possible.
Choosing a dispute resolution process and provider
The use of conflict diagnosis for selecting ADR processes is a field still in its earliest infancy. This lack of
maturity makes conflict diagnosis very exciting to study and practice.
Comparing the major dispute resolution forms
Facilitative
Nonbinding
Informal
Formal
Litigation
mediation
evaluation &
arbitration
arbitration
evaluative
mediation
Cost
Time
Finality
Psychological ownership
and quality of consent
Outcome creativity and
pareto optimality
Conflict containment and
escalation
Invisible-veil thinking
Sense of procedural justice
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Conflict Management ­HRM624
VU
Comparing the major dispute resolution forms
Bigoted or
prejudiced
behaviour: dangers
Dealing with
disparities in
bargaining power
Disputant
transformation
Where it is often
Family
Court-
Private
Private
The
found
mediation
connected
sector civil
sector civil
default
ADR
dispute
dispute
process
resolution
resolution
Usefulness in
conjunction with
other processes
Misconduct by
neutral
Special qualities
Summary
We learnt the comparative nature of different forms of conflict resolution against various dimensions
related with the needs of disputants. We also learnt about the complexity of social and economic
environment and also about the nature of invisible veil.
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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