Conflict management notes PDF

Preview

Summary

Download Conflict management notes PDF

Description

CONFLICT MANAGEMENT

CONFLICT MANAGEMENT

3º CARRERA EEII 1

CONFLICT MANAGEMENT

INDEX: WEEK 1: What is conflict. Different types of conflict. Consequences • The conflict: causes, types and circle • Communication as a fundamental tool for conflict resolution WEEK 2: Ways to approach conflicts. Some tools to manage and work with conflicts in teams. • Spectrum of the different dispute resolution methods: self-imposition of rights, negotiated solution and imposed solution. • Hybrids solutions. WEEK 3: Conflict analysis. • Practice: conflicts resolution methods • The adequate use of different dispute resolution methods depending on the nature of the conflict WEEK 4: Strategies for conflict management: negotiation (I) • Thomas – Kilmann test • Different styles in negotiation WEEK 5: Strategies for conflict management: negotiation (II) • Negotiation: terms in negotiation. The seven elements. • Negotiation: the process of negotiation. • Harvard model of negotiation. WEEK 6: Strategies for conflict management: negotiation (III) • Nightmare techniques: rumours and more • Difficult people and situations in negotiation WEEK 7: Negotiation: practical exercise. WEEK 8: EXAM WEEK 9: How to address different types of conflicts: group dynamics. • Practice: learn by doing • Analysis of negotiation strategies. WEEK 10: Strategies for conflict management: mediation (I) • Mediation: concept, techniques and process • Mediation techniques. WEEK 11: Mediation: practical exercise. WEEK 12: Strategies for conflict management: mediation (II) • Family mediation and mediation in civil and commercial matters. • Mediation in other fields. WEEK 13: Role play WEEK 14: Exam

2

CONFLICT MANAGEMENT

SESSION 1: CONFLICT PART 1: WHAT CONSEQUENCES:

IS

CONFLICT,

DIFFERENT

TYPES

OF

CONFLICT

AND

When we ask ourselves about words related with the notion of conflict, we provide words with a negative connotation. This is not an isolated thing, if we look in the internet most of the images regarding the notion of conflict are about people fighting. 1. Official definitions ● Concept: serious disagreement or argument, armed struggle, serious incompatibility between two or more opinions, principles or interests, state of mind in which a person experiences a clash of opposing feelings or needs (oxford dictionaries) [latin conflictus < confligere, meaning “strike together”] When we talk about negotiation, especially mediation, we have to take into consideration that we have also human emotions getting in the way. ●

Interaction of interdependent people who perceive incompatible goals and mutual interference in achieving these objectives. (Folger, 1997). Conflict it is not something up to someone, it is an issue that has to be resolved mutually between different people.

When we enter a negotiation, I am not going to win 100%, in fact, I have to be ready to maybe loose. In the case that I am not willing to negotiate, then that is when I can win 100%.

2. Causes of conflict They are different causes of why a conflict could emerge: a) Scarce resources b) Needs c) Values d) Combination of the above It is very difficult to find a conflict that is only one of the four stated above, usually is a combination of four of them. Additionally, an important thing that we should do when taking part in a negotiation, is that I should ask “why they need a certain thing”. Through their answer I can get a fairer, and more satisfactory solution. 3. Types of conflicts (A) All of them are related and can be the reason of the different types of conflicts: a) Values conflicts: difference ways of life, ideology… Difference criteria for evaluating ideas. b) Relationship conflicts: miscommunication, strong emotions, stereotyping, repetitive negative behaviour c) Data conflicts: Lack of info, misinformation, differing views on data’s relevance, different interpretations of data. d) Interested conflict: perceived or actual competition over interested, procedural interests, psychological interests. 3

CONFLICT MANAGEMENT

e) Structural conflicts: unequal authority, unequal control of resources and time constraints. We have a gap here when we talk about power. f) Intrapersonal conflict: Occurs within an individual. The experience takes place in the person’s mind. Hence, it is a type of conflict that is psychological involving the individual’s thoughts, values, principles and emotions. g) Interpersonal conflict: Refers to a conflict between two individuals. This occurs typically due to how people are different from one another. We have varied personalities which usually results to incompatible choices and opinions. h) Intragroup conflict: Is a type of conflict that happens among individuals within a team. The incompatibilities and misunderstandings among to these individuals lead to an intragroup conflict. It is arising from interpersonal disagreements or differences in views and ideas i) intergroup conflict: takes place when a misunderstanding arises among different teams within an organization. This is due to the varied sets of goals and interests of these different groups. In addition, competition also contributes for intergroup conflict to arise. 4. The circle of conflict ● Phase I: Attitudes and beliefs → The circle begins with us and our attitudes and beliefs about conflict. Different point of view, perspective, both of them equally valid. ● Phase II: Emergence of the conflict → the conflicts is an inherent part of social relations it is inevitable in any relationship framework. ● Phase III: Response → The response is the point where we begin to act. With our system of personal attitudes and beliefs, we often react the same way no matter what the dispute in question is: shouting, running away, talking… If you want things change, you have to do the things different. The different sides have to be able to break the circle themselves, the mediator can guide them or help them, but he/she shouldn’t do it, just aid them. ● Phase IV: Result → The response will always lead to the same result. As a consequence, our beliefs about conflict are maintained and so is the circle. 4.1. Changing the circle of conflict In order to achieve an enrichment of the parties, it is important to remark: 1. Become aware 2. Be willing to change → that is why it is totally voluntary 3. Learn and use skills → I need to know who the tools are (communication techniques) 4. Have a consistent support 4.2. The circle of conflict:

4

CONFLICT MANAGEMENT

5. Constructive course of conflicts. Conflict as a positive value. Conflict as a chance for change. If we try to carry out our conflict at that way, we can avoid future conflicts. Conflict management can help us… → Learn new ways to resolve problems → Build better and stronger relationships → Learn more about oneself and about others → Figure our beneficial solutions both for the groups and the individuals

PART 2: COMMUNICATION AS A RESOLUTION.

FUNDAMENTAL TOOL

FOR

CONFLICT

There are different types of communication which are important while we are dealing with a conflict, those are: - Verbal communication - Body language or non-verbal communication: some authors say that 85% of the communication that we transmit is given by our body languages. However, it depends on the context and with the persona that we are talking. - Silence Communication is especially important, because… ● A poor communication and be itself the cause of the conflict and often leads to misunderstandings, wrong decisions and failed agreement, ● A good communication is a necessary tool to reach the base of the conflicts and find satisfactory solutions for both parties While we are having a conflict, we have to be able to analyse her/his communication and control our own too. 1) Dynamics of communication as the basis for conflict resolution Frequent mistakes if the sender: - Not organizing thoughts before speaking - Speaking with vagueness - Trying to express to many ideas in one sentence: this point is so related with the first one. - Keep talking without appreciating the receiver´s capacity to understand ask for feedbacks. Frequent mistakes of the receiver: - Not paying due attention to information - Thinking about the answer instead of listening. - Tending to focus more in details, instead of understanding the more information. 2) Good tips on communication I. Get organized before you speak. The best way to organize is to observe, listen and think before speaking. II. Do not use neither more nor less words than necessary III. Try not to use words or phrases with a double meaning IV. Make sure the receiver understands you .

5

CONFLICT MANAGEMENT

V.

VI.

When someone speaks, listen, think an answer when they have finished. It is better not to do several things at the same time, to avoid interferences. Listen the whole speech and be sure that you have understand everything and if not ask. Give important information first and then add the details for the end of the conversation.

A really good communication is the combination of assertiveness and active listening. 2.1. Active listening ➔ Serves to empathize with and understand the two parties in a conflict and helps both to understand each other. ➔ It is all about leaving aside one’s own point of view, in order to “synchronize” with the viewpoint of the speaker. ➔ It is used to obtain more information, verifying data. Possible ways to pfms it: asking paraphrasing, reflecting, seeking clarification, delimiting and contextualizing. ➔ Active listening also includes the interested silence verbal expression/gestures of acceptance showing interest. It means understanding empathically, sleeping in someone else's shoes Tactics for active listening Reword - turn back what you have without necessarily agreeing - Simple feedback might be: no, it really barbers you if the isn’t on time to pick up Johnny” Ask - Open questions: why? - Questions show you’re listening, gathering and organizing info - Generally, question should be open-ended. Closed-ended questions can be answered yes or no or with a specific answer like two or January. Open-ended question cannot be answered to simply and encourage the speaker to talk and explain in complete sentence. - They invite a person to open up and tell his/her story Acknowledge - Listen to feelings and reflect them to show you understand. - “He’s so irresponsible that I never can depend on him to pick our child up schedule” - “So, a regular schedule is important for you and Jacob” - Needs Active listening: benefits ● Tensions are appeased. Calmer ambience (=ground for collaboration) ● The message is transmitted more accurately (=avoid misunderstandings) ● The aims and needs are better specified (=ground for win-win) ● It encourages the other party to keep talking (=more info) ● It allows more time for reflection. (= better understanding)

6

CONFLICT MANAGEMENT

2.2. Assertiveness It is about the capacity to say NO and also to being able to give your opinion without making the other party feeling attack. In other words, is the ability to express what one thinks and feels, without the other party feeling attacked or offended. Assertiveness can also be described as the skill that regulated the management and communication of feelings, opinions and points of view of a person in relation to others. It helps to be able to know and defend one's own rights and views without hurting those of others. There are other words that can help us to say no, such as but, however, still… This will help us to have more assertiveness. Another tip is to work on our assertiveness → the sandwich approach → which is providing a compliment, then a critic and then a compliment.

PART 3: NON-VERBAL COMMUNICATION: -

Nonverbal communication is unconscious, so it never lies Body language offers the mediator a significant amount of information about the mood and psychological status of the party This information, contrasted and compared with the verbal one, can help to detect inconsistencies in the speaker’s speech.

It is very important to control your body, because it can tell uso more things that you are actually saying. Things that we should take into account. - Don’ts: gestures should never be interpreted independently - Do´s: ● Recognize cultural differences ● Consider the context ● Look at words as a whole

7

CONFLICT MANAGEMENT

SESSION 2: WAYS TO APPROACH CONFLICTS. SOME TOOLS TO MANAGE AND WORK WITH CONFLICTS IN TEAMS Warm up ● People in conflict have a number of procedural options to choose from to resolve their differences ● By and large we have been far too single minded when it comes to dispute resolution. ● Quality of Justice and court user’s satisfaction The multi-door courthouse is on innovative institution that routes incoming court cases to the most appropriate methods of dispute resolution, which saves money and time for both courts and the participants or litigants. It is routing to the best option according to the nature of the case. This multi-door courthouse is working in countries such as: UK, USA...

Spectrum of the different dispute resolution methods There are three main blocks which are defined by: - The formality of the process. - The people involved: they can just negotiate, with a person involved like a lawyer, or in case of mediation, a party involved, and the result will be binding. - The type of decision that will results - The privacy of the approach: the best way to achieve this is thought arbitration. A trial is public whilst a mediation or negotiation I can have secrecy during the process. - The authority of the third party (if there is one) - The amount of coercion that is exercised by or son the disputing parties. This is something to remember, the more you move to the left side the more informal can be, and the other way around. The more we move to the informal side, the more control the parties have, while if we move more to the informal sphere, the parties have less control because my case is being judged by a judge. Usually a trial in Spain last 5 or 6 years and a mediation two months maximum.

8

CONFLICT MANAGEMENT

Knowing all these differences we have three main blocks to distinguish the conflict resolution methods: - Self-Imposition ● Most primitive method of conflict resolution ● Use of force ● The strongest survives ● Coercive imposition without public intervention ● Yet is possible to find some examples: - “preventive war” - Art. 612 CC: chase a swarm in someone else's property - Art. 592 CC: cut branches of trees from the neighbouring farm that enter the property - Art. 20.4 CP: self-defence - Right to go on strike -

Negotiated solution: With or without a third-party intervention. it can be inter-parties. ● Through the intervention of a third party, who must be neutral and qualified. Hypothetical assumption varies, precisely depending on the role to be taken by the third party ● Can be applied to most legal disputes as long as they concern available rights. ● In these cases ○ The parties are not bound - as a general rule - by what may be proposed by the third party. ○ The third party assist the parties in reaching an agreement, without offering a formal opinion on any particular solution. ○ Invitation to the parties to enter into or restart the dialogue, avoiding confrontation.

-

Imposed solution (Heterocomposición): Supra-parties. Here we can find court decisions, but also arbitration as well, very important since the decisions in arbitration are binding!

1) CONCILIATION VS. MEDIATION: Conciliation: ● Takes place within the judicial proceedings ● An act: about 15 mins ● May be compulsory (attempt) ● Carried out by the Judge (a retired judge) or the Clerk ● Does not require special training (but it is recommended) This is more judicial and procedural, they do not care about talking and understanding, contrary to mediation. Mediation ● Can be court-connected or not ● A procedure: it takes 2 or 3 sessions ● Always voluntary (Careful I.S !!). ● Lead by a mediator ● Does require specific training (regulated in many fields). it is a little bit more complex; it deepens a little bit in the matter.

9

CONFLICT MANAGEMENT

1.1. The basic principles of meditation are: -

Voluntary nature: If I say no, therefore, there are no mediation Confidentiality: There is the possibility that if the process is public, people do not trust in the process Impartiality: always neutral

1.2. Other forms of self-composition methods 1.2.1. ●

-

1.2.2. ● ●

●

● ● 1.2.3. ●

●

Summary Jury trial Mini trial: with fake judges Early neutral evaluation: experts making their points in relation to the case Mediation or arbitration: If I have some conflict and there are some points that can be threat thought arbitration and other by mediation, I can do it. Ombudsperson Summary Jury trial It is a kind of summary trial with a jury of six members and chaired by a judge who will issue a verdict on the matter submitted; this verdict is equivalent to an orientation on the resolution that could eventually fall if the matter ends up going to trial. It is not binding. Characteristics: ● Suitable for discussions on legal issues. ● The process usually takes a day but can be longer. ● The parties already have the necessary piece of evidence ● The controversial issues are clear. ● Constituted the jury, meeting of all (parties, judge and jury). ● The intervention of lawyers should be based on admissible evidence, so the verdict may be the closest thing to what would come out of a full trial. Mini trial Private, voluntary and informal ADR methods Intervention of a panel made up by a representative of each side (with settlement powers) and a neutral third party, that acts as a judge, although they are not one (retired judge or lawyer specialized in the matter). Moderator! Structured process, that can mix components of negotiation and arbitration, scheduled for complex civil matters (patents, product liability, urban construction, concessions, anti-trust law...) Especially used by businesses Confidential. Med-Arb Hybrid form, involving the intervention of a third party, usually acting first as a mediator and then as an arbitrator, if the first phase does not culminate in an agreement between the parties. Also, the arbitrator may be a different person than the one who acted as a mediator. The fact of appearing in court programs has created a new version different from the original, where the arbitrator proposes a resolution to the court.

10

CONFLICT MANAGEMENT

●

1.2.4. ● ● ●

● ●

Its advantages include saving time and effort by having an arbitrator if mediation fails, with the drawback that the parties are less open and sincere in their statements (full openness is desirable in mediation but less so in arbitration). Ombudsperson Concept of a Scandinavian origin, also known as the “ombuds” or “ombudsman” In its origin (Sweden) he/she is a conflict solver, chosen for their recognition, experience, prestige ... in principle depends on the Administration. Equivalent in our system to “el Defensor del Pueblo” (the Ombudsman), but there they have greater powers. In Spain they are not conflict solvers; they gather the complaints of citizens, prepare reports and try to mediate with the Administration to solve problems, but they have no resolution power. In some autonomous communities they have their own name. It has been implemented in different areas: business, universities and hospitals. It is possible to give different content to this institution. This figure has been copied in many other jurisdictions, adopting the same name (for example in the U.S. or the European Union) https://www.youtube.com/w...