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INTRODUCTION TO CONFLICT:Dispute, Legal Dispute, Call the police

DISPUTE RESOLUTION 1:Positive affect in Negotiation, Alternative Dispute Resolution >>
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Conflict Management ­HRM624
VU
Lesson 1
INTRODUCTION TO CONFLICT
Quotations
A man's greatest battles are the ones he fights within himself.
Ben Okri (1959 )
Antagonism is a form of struggle within a contradiction, but not the universal form.
Mao Zedong (1893 - 1976) Chinese statesman.
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.
We have met the enemy and it is us. Walt Kelly
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 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
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.
d. Conflict is usually based upon a difference over goals, objectives, or expectations between individuals or
groups. Conflict also occurs when two or more people, or groups, compete over limited resources and/or
perceived, or actual, incompatible goals.
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Conflict Management ­HRM624
VU
e. A hostile encounter between two or more people .
f. The dramatic struggle between the antagonist and the protagonist .
g. An escalated, natural competition between two or more parties about scarce resources, power and
prestige (Sandole & Staroste, 1987) .
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.
Incompatibility need not be actual/real. In other words a conflict may be false in the sense that there may
not be real incompatibility.
Mixed-Motive Situations
A conflict situation characterized by a combination of contrient and promotive interdependence is called
mixed-motive situation. In mixed-motive situations some goals are incompatible, others are complementary.
Virtually all conflicts are mixed-motive situations.
Dispute
Definition
a.  A disagreement or argument about something important
b. When an employer and a trade union representing the employees cannot agree upon the terms
and conditions of a collective agreement
c.
The Act defines a dispute as including 'any difference'. Whether there is a dispute capable of
being referred to adjudication will depend on the circumstances of each case. A dispute might
be said to exist where a claim has been made by one organization against another and there has
been sufficient time to consider, admit, modify or reject that claim on the basis of reasoned
argument.
d. Where a customer, having received an explanation, still does not agree with the decision
e.
A conflict being expressed outwardly and in which the incompatibility of goals is the main
focus
f.
A quarrel over a divisive issue such as territory, borders, resources, ideology, etc. with no
military aspect. The sides are in disagreement but force is not being considered.
The term dispute implies that the incompatibilities are conscious on the part of at least one of the parties to
the conflict and that the incompatibilities- rather than the complementary goals, interests or needs- are
uppermost in the minds of those involved in the conflict. Disputes often relate to grievances arising from
behavior or events that occurred in the past.
Legal Dispute
A dispute in which some of the contentions can be expressed as a cause of action, or as a defense to a cause
of action
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Conflict Management ­HRM624
VU
Fender-Bender
Definition
A collision involving motor vehicles that results in minor damage is called fender bender.
In fender bender the disputants have incompatible interests.
Many a times even very careful and sharp drivers happen to meet minor motor car accidents; and the
conflicting situation arises. Unnecessary complications can be avoided if one knows how to deal with and
react in such circumstances.
Surviving a Fender-Bender
Here are some important tips that every driver must be familiar with.
1.
Keep calm
2.
Call the police
3.
Exchange information
4.
Consider your deductible
5.
Contact your insurance company
6.
Get an estimate and repairs
1. Keep calm
Stay cool and don't engage in shouting.
2. Call the police
Call the police to report the accident even if it is minor.
3. Exchange information
Write down the following information on a piece of paper.
1. Name, address and phone number of the other driver(s) involved
2. Name and address of car's owner (if different from driver)
3. Location of accident
4. Driver's license number(s)
5. Year, make and models of car(s) involved
6. License plate numbers
7. Name of automobile insurance company and policy number
8. Names, addresses and phone numbers of any passengers and/witnesses
9. Any damage done to your car or the other car(s) involved
Name of automobile insurance company and policy number
4. Consider your deductible
Your deductible is the amount you have to pay from your own pocket when an insurance claim is filed. For
example, if your deductible is Rs.5000, and your car needs Rs.20,000 worth of repairs, you may only receive
Rs.15,000 from the insurance company. You're responsible for the first Rs.5000 of any repair.
5. Contact your insurance company
If you and the other driver decide not to pay for your own repairs, contact your insurance company
immediately. If you don't report the accident to your insurance company, and the other driver does report it
to his or hers, it could work against you if the case ends up in arbitration.
6. Get an estimate and repairs
Take your car to an automotive repair shop and get an estimate for how much it will cost to fix any
problems that resulted from the fender bender. Some insurance companies may require two separate
estimates from two different repair shops.
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Conflict Management ­HRM624
VU
Agent
One standing in the shoes of a disputant during an interpersonal conflict, acting for the disputant is called
an agent.
Principal
The disputant for whom an agent is acting is called principal.
Advocate
An agent having a special obligation to represent the interests of his or her principal vigorously, zealously,
and with a certain standard of competence is known as an advocate.
Constituent
One whom the conflict affects but who is not a disputant, agent, or advocate; sometimes called a
stakeholder
e.g. Disputants' family and friends
Recommended Text Book
Conflict Diagnosis and Alternative Dispute Resolution
Author: Laurie S. Coltri
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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