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Conflict Managment

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Conflict Management ­HRM624
VU
Lesson 43
POWER TOOLS AND MAGIC KEYS II
Invisible Veil Consideration
Reasons for needing conflict diagnosis are often hidden. Conflict escalation obscures important information
and disempowers participants. Anger is part of the invisible veil. It hampers rationality and curtails your
capability to see the hidden interests. As a consequence, your ability to understand conflict is impaired.
Factors thought to impede the usefulness of facilitative mediation
FACTORS
EFFECTS
Other disputant/team refusing
May not be possible to use facilitative mediation. Even if other teams
to participate
participation can be coerced, quality of consent may be impaired.
Unfamiliar format disturbing
Quality of consent may be impaired.
to other disputant/team
One or both disputants or their  Quality of consent may be impaired.
teams unsure of their BATNAs
Large differences in
Impasse may result unless BATNAs are clarified
perceptions of fact or law
Immediate enforcement
Irreparable harm may result from failure to act decisively.
needed
Untrustworthy disputant
Irreparable harm may result from failure to act decisively.
Underlying interest in legal
Consensual processes may not address underlying interests.
reform
Disempowered disputant
Exploitation of disempowered disputant may occur in any dispute
resolution process. Decisions will reflect poor quality of consent
unless disputant acquires more power.
Time and/or money very
Facilitative mediation can take longer than more evaluative, informal
limited
processes.
Proposed Contents of a Clients' Interview
1.
A summary of the client's interview
2.
A description of the client's presenting problems and goals
3.
A description of the likely sources of the conflict
4.
A sociogram showing he participants and their roles
5.
An exploration of the client's underlying interests and goals, as well as the other disputants likely
goals and interests (it is helpful analytically to use interest trees)
6.
Analysis of how the other participants interests may play into exacerbating or resolving the conflict
7.
A sense of how escalated the conflict has become and the state of trust between the parties
8.
An initial list of the apparent impediments to cooperative resolution
9.
An assessment of the various sources of power held by the client and the other disputant
10.
An analysis of the client's BATNA, including a case evaluation, and the same for the other
disputant
11.
A list of the information needed to prepare the case, including any analysis of the legal and factual
issues
12.
An analysis of what strategy would best help the client meet his or her underlying goals, interests,
and needs, with the discussion of the tactics that might be useful
13.
A section discussing "next steps"--further interviews, investigation, legal research, referrals, and so
fourth
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Conflict Management ­HRM624
VU
Collaborative Law
A form of lawyering currently seen primarily in family law and based on a contractual relationship between a
lawyer and a client is called collaborative law. This contract generally specifies the lawyer's duty to seek
collaborative and interest-based document with the other disputant. If litigation commences, the lawyer is
required to withdraw from representing the client.
Fitting the Forum to Fuss (Brainchild of Frank Sander and Stephen Goldberg)
Basic Ideas:
Different dispute resolution processes are better at different things and different things are important to
different people.
Fitting the Forum to the Fuss ­ Sander/Goldberg List of Client Objectives
1. Minimize costs
2. Speed
3. Privacy
4. Maintain/improve relationships
5. Obtain vindication
6. Obtain neutral opinion
7. Obtain precedent
8. Maximize or minimize recovery
How to use fitting the forum to the fuss
VALUE
CLIENT OBJECTIVE
("I")
Minimize costs
5
Speed
Privacy
Maintain or improve relationship with other disputant
Obtain vindication
Obtain a neutral opinion
Obtain a precedent
Maximize or minimize recovery
OTHER -
Describe___________________________________
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Conflict Management ­HRM624
VU
Filling in the Grid - Step 1
Early
Neutral
Summary
Evaluation
Jury Trial
Arbitration Litigation
Mediation
Minitrial
3x 5 15 2x
5 10 2x
5 10 3x
5
15 1x
5
5
Costs
0
2x
3x
2x
3x
1x
0
Speed
Privacy
3x
3x
2x
2x
0
3x
Maintain/
Improve
3x
2x
2x
1x
1x
0
Relationships
Obtain
2x
3x
1x
1x
1x
0
Vindication
Obtain neutral
3x
3x
0
3x
3x
3x
opinion
Obtain
2x
3x
0
0
0
0
precedent
Maximize/
1x
1x
0
1x
Minimize
2x
3x
Recovery
SUM
Another client objective filled in
VALUE
CLIENT OBJECTIVE
("I")
5
Minimize costs
Speed
Privacy
Maintain or improve relationship with other
disputant
Obtain vindication
Obtain a neutral opinion
Obtain a precedent
Maximize or minimize recovery
OTHER -
Describe___________________________________
147
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Conflict Management ­HRM624
VU
Filling in the Grid ­ Next Step
Early
Neutral
Summary
Evaluation
Jury Trial
Arbitration Litigation
Mediation
Minitrial
Costs
2x
2x
3x
1x
3x
0
2x
2x
3x
1x
3x
0
Speed
Privacy
3x
2x
2x
3x
3x
0
Maintain/
Improve
2x
2x
1x
1x
3x
0
Relationships
Obtain
2x
3x
0
1x
1x
1x
Vindication
Obtain neutral
0
3x
3x
3x
3x
3x
opinion
Obtain
2x
3x
0
0
0
0
precedent
Maximize/
Minimize
0
1x
1x
1x
2x
3x
Recovery
SUM
More client objectives filled in
VALUE
CLIENT OBJECTIVE
("I")
5
Minimize costs
Speed
Privacy
Maintain or improve relationship with other
disputant
Obtain vindication
Obtain a neutral opinion
Obtain a precedent
Maximize or minimize recovery
OTHER -
Describe___________________________________
148
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Conflict Management ­HRM624
VU
Filling in more of the Grid
Early
Summary Neutral
Mediation Minitrial Jury Trial Evaluation Arbitration Litigation
5 15 2x 5 10 2x  5 10 3x  5 15 1x  5 5
3x
Costs
0
5 15 2x 5 10 2x  5 10 3x  5 15 1x  5 5
3x
0
Speed
Privacy
3x
3x
2x
2x
3x
0
Maintain/
Improve
3x
2x
2x
1x
1x
0
Relationships
Obtain
2x
0
1x
1x
1x
3x
Vindication
Obtain neutral
0
3x
3x
3x
3x
3x
opinion
Obtain
2x
3x
0
0
0
0
precedent
Maximize/
0
1x
1x
1x
Minimize
2x
3x
Recovery
SUM
Completing the client objectives
VALUE
CLIENT OBJECTIVE
("I")
5
Minimize costs
Speed
1
Privacy
Maintain or improve relationship with other
5
disputant
Obtain vindication
Obtain a neutral opinion
Obtain a precedent
Maximize or minimize recovery
OTHER -
Describe___________________________________
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Conflict Management ­HRM624
VU
Entering Remaining Objective Utilities on the Grid
Early
Summary Neutral
Mediation Minitrial Jury Trial Evaluation Arbitration Litigation
5 15 2x 5 10 2x  5 10 3x  5 15 1x  5 5
3x
Costs
0
5 15 2x 5 10 2x  5 10 3x  5 15 1x  5 5
3x
0
Speed
1 3  3x 1 3  2x  3 6  2x  3 6   3x  3 9
Privacy
3x
0
Maintain/
5 15 2x 5 10 2x  5 10 1x  5 5
55
3x
1x
Improve
0
Relationships
Obtain
2x
22
2 2
26
2 2 1x
2 4
3x
0
1x
1x
Vindication
Obtain neutral
3x
3x
0
2 6
6
26
2 6  3x
2
6 3x
2
3x
opinion
Obtain
13
2 3x
1
2x
0
0
0
0
precedent
Maximize/
4 4 1x 4
4 1x
4 2x 4
4
0
1x
8
4 12
3x
Minimize
Recovery
SUM
Calculating the Scores for Dispute Resolution Processes
Early
Summary Neutral
Mediation Minitrial Jury Trial Evaluation Arbitration Litigation
5 15 2x 5 10 2x  5 10 3x  5 15 1x  5 5
3x
Costs
0
5 15 2x 5 10 2x  5 10 3x  5 15 1x  5 5
3x
0
Speed
1 3  3x 1 3  2x  3 6  2x  3 6   3x  3 9
Privacy
3x
0
Maintain/
5 15 2x 5 10 2x  5 10 1x  5 5
55
3x
1x
Improve
0
Relationships
Obtain
2x
22
2 2
26
2 2 1x
2 4
0
1x
1x
3x
Vindication
Obtain neutral
3x
3x
0
2 6
6
26
2 6  3x
2
6 3x
2
3x
opinion
Obtain
13
2 3x
1
2x
0
0
0
0
precedent
Maximize/
4 4 1x 4
4 1x
4 2x 4
4
1x
0
8
4 12
Minimize
3x
Recovery
48
45
48
53
44
27
SUM
Conflict Diagnosis Approach
1. Facilitative mediation is the default choice
2. If there are reasons not to use facilitative mediation:
­  Try to work around them
­  If not possible, use fallback choices
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Conflict Management ­HRM624
VU
Diispute Resollution, IInvisible-Veil Thiinking,
D spute Reso ution, nvisible-Veil Thnking,
& Quallity off Consentt
& Qua it y o Consen
effective
Pure and Transformative Mediation
Facilitative Mediation
Featuring
Compromising
Evaluative Mediation
Nonbinding Evaluation
Med-Arb
Arbitration
Litigation
ineffective
low
high
Resulting Quality of Consent
Impediments to use facilitative mediation
There are certain hindrances to use facilitative mediation which are given below.
1. The other team won't play
2. Worry about signaling weakness
3. Unknown or uncertain BATNA
4. Wildly divergent BATNA assessments
5. Limited time, money
6. Need for immediate enforcement
7. Other disputant a nasty fellow
8. Underlying interest in legal reform
9. Facilitative process already tried, settlement did not result
Theories of conflict, cooperation, and competition, and negotiation style, suggest that the best processes for
promoting constructive, equitable, and efficacious dispute resolution are those in which the participants are
consistently guided away from invisible veil, zero-sum thinking and toward collaborative, integrative
problem solving. These processes include (1) pure mediation geared directly toward promoting collaborative
problem solving and (2) transformative mediation.
151
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