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Conflict Managment

<<< Previous SUMMARY AND MESSAGE OF THE COURSE:Definitions of conflict, Negotiation, Meditation, Adjudication
 
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Conflict Management ­HRM624
VU
Lesson 45
SUMMARY AND MESSAGE OF THE COURSE
Introduction to conflict
Conflict is everywhere. Every relationship has conflict. It exists inside us. It exists around us. It is natural
and inevitable part of all human social relationships. It occurs at all levels of society - intrapsychic,
interpersonal, intragroup, intergroup, intranational and international (Sandole & Staroste, 1987).
Conflict is a kind of disagreement and discord between two or more persons, parties or entities. The
conflict could also be among ideas, values, perspectives, thoughts, opinions or attitudes. Conflict is
ubiquitous at all levels of human social relationships. Some social scientists have given conflict a bad
reputation by linking it with psychopathology, social disorder and war (Burton, 1990). Conflict is not
deviant or sick behavior. Social scientists need to analyze the level and the type of the conflict in order to
understand the phenomenon.
Conflict is largely a perceived phenomenon. It is our perception of the situation that determines if a
conflict exists. Conflict may be either healthy or unhealthy. Moreover, it should not be taken as the opposite
of order. Though, there is orderliness in conflict yet it can be disorderly.
No two persons in the world are absolutely same or absolutely different. Therefore no two persons can feel
or think alike. The difference between thinking of different people causes conflict. The parties in conflict
believe they have incompatible goals, and their aim is to neutralize, gain advantage over, injure or destroy
one another.
Conflict is the root of personal and social change. Hence, the organizations have conflict because of its ever
changing environment. Conflict prevents stagnation. It stimulates interest and curiosity. Conflict
management is very popular in business schools. The role of the administrator or a manager in an
organization is to handle day to day conflict in the allocation of limited resources.
Definitions of conflict
a. Conflict is a state of opposition, disagreement or incompatibility between two or more people or groups
of people.
b. A state of opposition between persons or ideas or interests
c. A hostile encounter between two or more people
Interpersonal conflict
An actual or perceived incompatibility of goals between two or more people or entities is termed as
interpersonal conflict.
Incompatibility need not be realized by either disputant. It means a conflict may be latent in the sense that it
is not recognized by either of the parties.
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
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Conflict Management ­HRM624
VU
1. Other than litigation
2. Other than doing nothing
3. 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:
1. Negotiation
2. Meditation
3. Conciliation
4. Arbitration
5. 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.
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:
1. Disputes between private parties, such as individuals or corporations.
2. Disputes between private parties and public officials.
3. Disputes between public officials or public bodies.
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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:
7. 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 )
8. The small Claims and Minor Offences Courts Ordinance, 2002
9. Sections 102-106of the Local Government Ordinance, 2001
10. Sections 10 and 12 of the Family Courts Act, 1964
11. The Arbitration Act, 1940
12. Article 156 of the Constitution of Pakistan, 1973 (National Economic Council)
13. Article 184 of the Constitution of Pakistan, 1973 (Original Jurisdiction when federal of provincial
governments are at dispute with one another)
Conflict management can rightly be said an art. Conflicts are to be described through mental pictures or on
paper with sociograms. This exercise clearly shows the parties to a conflict, their interests; and indicates
possible ways to resolve the conflict. After describing the conflict, it is analyzed with the help of looking
into interests of the parties involved in the conflict, either directly or indirectly. The strategies used to
resolve the conflict may also be the combination of two or more methods. Conflicts can be handled
skillfully by understanding the nature of the conflicts and applying the best strategies.
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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