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    Conflict Resolution Methods

    There are many ways people deal with conflict:

    -- Give in and accept the changes someone wants.

    -- Do nothing; hoping the problem will go away.

    -- Avoid the person or the situation.

    -- Pretend the problem does not bother you when it really does.

    -- Go to a higher authority.

    -- Go to court or arbitration.

    -- Fight and argue.

    -- Talk things out with the other person (in private or with a mediator).

    Here are some steps one could follow to resolve a conflict:

    If thy brother shall trespass against thee, go and tell him his fault, between thee and himalone; if he shall hear thee, thou hast gained thy brother. (Matt. 18:15)

    1. Talk to the Other Party. Surprisingly, many people complain of impossible difficultiesabout their problem without ever once trying to talk with the person who could solve theproblem. Two disagreeing parties should first try to make an honest effort to discuss theirpoints of view and work things out on their own. Be calm and respectful. Keep an open mindand be willing to listen. If you cannot talk face-to-face or by telephone, write a letter. Keep itshort and to the point, and above all, be polite. SeeHow to Talk Things Outto know more

    about talking to the other party.

    2. Try Mediation. If your efforts to talk things out fail, you may request mediation servicethrough the Center for Conflict Resolution. We will attempt to mediate by discussing theproblem with both sides and, if necessary, by bringing the parties together in a mediation

    http://ccr.byu.edu/how_to_talk_things_out.cfmhttp://ccr.byu.edu/how_to_talk_things_out.cfmhttp://ccr.byu.edu/how_to_talk_things_out.cfmhttp://ccr.byu.edu/how_to_talk_things_out.cfm
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    conference. The mediator remains neutral and impartial and helps the parties work out whatthey think would be the best solution.

    3. Arbitration or Court. When disputing parties fail to reach a settlement through mediation,they may carry it on through our arbitration process or the public judicial system. Arbitrationis a private adjudicatory process similar to a court of law. The decisions are legallybinding. The disputants give up the power to create their own solution and place control oftheir problem in the hands of a neutral third-party, called an arbitrator. Therefore, arbitrationor court should be the last resort to settle a dispute. When seeking adjudication of the dispute,the parties must choose either arbitration or court; they cannot do both. (SeeArbitration.)

    https://ccr.byu.edu/content/conflict-resolution-methods

    The Church of Jesus Christ of Latter-Day Saints | BYU Hawaii | BYU Idaho | BYU Jerusalem Center | BYU Salt Lake Center | LDS

    Business College | Provo MTCBrigham Young University, Provo, UT 84602, (801) 422-4636, Address/Directions. Copyright 2010.

    All Rights Reserved.

    http://www.etu.org.za/toolbox/docs/building/c

    onflict.html

    Conflict Management

    What is on this page?

    1. What do organisations use conflict management for?2. Important things to know about "conflict" and "conflict management"

    - The differences between "competition" and "conflict"- Common causes of conflict- Conflict between individuals- Conflict between groups of people- Conflict within a group of people

    3. How to identify signs and stages of conflict

    - "Disputes of right" and "disputes of interest"- Stages of conflict- Signs of conflict between individuals- Signs of conflict between groups of people

    http://ccr.byu.edu/content/what-arbitrationhttp://ccr.byu.edu/content/what-arbitrationhttp://ccr.byu.edu/content/what-arbitrationhttps://ccr.byu.edu/content/conflict-resolution-methodshttps://ccr.byu.edu/content/conflict-resolution-methodshttp://lds.org/http://byuh.edu/http://byui.edu/http://ce.byu.edu/jchttp://ce.byu.edu/slhttp://www.ldsbc.edu/http://www.ldsbc.edu/http://www.mtc.byu.edu/http://www.etu.org.za/toolbox/docs/building/conflict.htmlhttp://www.etu.org.za/toolbox/docs/building/conflict.htmlhttp://www.etu.org.za/toolbox/docs/building/conflict.html#whathttp://www.etu.org.za/toolbox/docs/building/conflict.html#whathttp://www.etu.org.za/toolbox/docs/building/conflict.html#importanthttp://www.etu.org.za/toolbox/docs/building/conflict.html#importanthttp://www.etu.org.za/toolbox/docs/building/conflict.html#howhttp://www.etu.org.za/toolbox/docs/building/conflict.html#howhttp://www.etu.org.za/toolbox/docs/building/conflict.html#howhttp://www.etu.org.za/toolbox/docs/building/conflict.html#importanthttp://www.etu.org.za/toolbox/docs/building/conflict.html#whathttp://www.etu.org.za/toolbox/docs/building/conflict.htmlhttp://www.etu.org.za/toolbox/docs/building/conflict.htmlhttp://www.mtc.byu.edu/http://www.ldsbc.edu/http://www.ldsbc.edu/http://ce.byu.edu/slhttp://ce.byu.edu/jchttp://byui.edu/http://byuh.edu/http://lds.org/https://ccr.byu.edu/content/conflict-resolution-methodshttp://ccr.byu.edu/content/what-arbitration
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    scarcity of resources (finance, equipment, facilities, etc)

    different attitudes, values or perceptions

    disagreements about needs, goals, priorities and interests

    poor communication

    poor or inadequate organisational structure

    lack of teamwork

    lack of clarity in roles and responsibilities

    Conflict between individual

    People have differing styles of communication, ambitions, political or religious views and different culturalbackgrounds. In our diverse society, the possibility of these differences leading to conflict betweenindividuals is always there, and we must be alert to preventing and resolving situations where conflictarises.

    Conflict between groups of people

    Whenever people form groups, they tend to emphasise the things that make their group "better than" or

    "different from" other groups. This happens in the fields of sport, culture, religion and the workplace andcan sometimes change from healthy competition to destructive conflict.

    Conflict within a group of people

    Even within one organisation or team, conflict can arise from the individual differences or ambitionsmentioned earlier; or from rivalry between sub-groups or factions. All leaders and members of theorganisation need to be alert to group dynamics that can spill over into conflict.

    3. How to identify signs and stages of conflict

    "Disputes of right" and "disputes of interest"

    Especially in the workplace, two main types of disputes have been noted (although these two types mayalso happen in other situations). These are:

    "disputes of right", where people or groups are entitled by law, by contract, by previousagreement or by established practice to certain rights. Disputes of right will focus on conflictissues such as employment contracts, legally enforceable matters or unilateral changes inaccepted or customary practices. A dispute of rights is, therefore, usually settled by legal decisionor arbitration and not by negotiation.

    "disputes of interest", where the conflict may be a matter of opinion, such as where a person orgroup is entitled to some resources or privileges (such as access to property, better workingconditions, etc). Because there is no established law or right, a dispute of interest will usually besolved through collective bargaining or negotiation.

    Stages of conflict

    The handling of conflict requires awareness of its various developmental stages. If leaders in the situationcan identify the conflict issue and how far it has developed, they can sometimes solve it before itbecomes much more serious. Typical stages include:

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    where potential for conflict exists - in other words where people recognise that lack of resources,diversity of language or culture may possible result in conflict if people are not sensitive to thediversity.

    latent conflict where a competitive situation could easily spill over into conflict - e.g. at a politicalrally or in the workplace where there are obvious differences between groups of people.

    open conflict - which can be triggered by an incident and suddenly become real conflict.

    aftermath conflict - the situation where a particular problem may have been resolved but thepotential for conflict still exists. In fact the potential may be even greater than before, if oneperson or group perceives itself as being involved in a win-loose situation.

    Signs of conflict between individuals

    In the organisation leaders and members should be alert to signs of conflict between colleagues, so thatthey can be proactive in reducing or resolving the conflict by getting to the root of the issue. Typical signsmay include:

    colleagues not speaking to each other or ignoring each other

    contradicting and bad-mouthing one another

    deliberately undermining or not co-operating with each other, to the downfall of the team

    Signs of conflict between groups of people

    Similarly, leaders and members can identify latent conflict between groups of people in the organisationor the community and plan action before the conflict becomes open and destructive:

    cliques or factions meeting to discuss issues separately, when they affect the whole organisation

    one group being left out of organising an event which should include everybody

    groups using threatening slogans or symbols to show that their group is right and the others arewrong

    4. How to build teamwork and co-operation (and so minimise thepossibility of conflict)

    Teamwork and co-operation are essential in an organisation which aims to be effective and efficient, andnot likely to be divided by conflicting factions. The best teamwork usually comes from having a sharedvision or goal, so that leaders and members are all committed to the same objectives and understandtheir roles in achieving those objectives. Important behaviours in achieving teamwork and minimisingpotential conflict include a commitment by team members to:

    share information by keeping people in the group up-to-date with current issues

    express positive expectations about each other

    empower each other - publicly crediting colleagues who have performed well and encouragingeach other to achieve results

    team-build - by promoting good morale and protecting the group's reputation with outsiders resolve potential conflict - by bringing differences of opinion into the open and facilitating

    resolution of conflicts

    5. How to manage and resolve conflict situations

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    Collective bargaining

    Especially in workplace situations, it is necessary to have agreed mechanisms in place for groups ofpeople who may be antagonistic (e.g. management and workers) to collectively discuss and resolveissues. This process is often called "collective bargaining", because representatives of each group cometogether with a mandate to work out a solution collectively. Experience has shown that this is far better

    than avoidance or withdrawal, and puts democratic processes in place to achieve "integrative problemsolving", where people or groups who must find ways of co-operating in the same organisation, do sowithin their own agreed rules and procedures.

    Conciliation

    The dictionary defines conciliation as "the act of procuring good will or inducing a friendly feeling". SouthAfrican labour relations legislation provides for the process of conciliation in the workplace, wherebygroups who are in conflict and who have failed to reach agreement, can come together once again toattempt to settle their differences. This is usually attempted before the more serious step of a strike byworkers or a lock-out by management is taken; and it has been found useful to involve a facilitator in theconciliation process. Similarly, any other organisation (e.g. sports club, youth group or communityorganisation) could try conciliation as a first step.

    The difference between negotiation, mediation, and arbitration

    Three methods of resolving situations that have reached the stage of open conflict are often used bymany different organisations. It is important to understand these methods, so that people can decidewhich methods will work best for them in their specific conflict situation:

    Negotiation: this is the process where mandated representatives of groups in a conflict situationmeet together in order to resolve their differences and to reach agreement. It is a deliberateprocess, conducted by representatives of groups, designed to reconcile differences and to reachagreements by consensus. The outcome is often dependent on the power relationship betweenthe groups. Negotiations often involve compromise - one group may win one of their demands

    and give in on another. In workplaces Unions and management representative usually suenegotiations to solve conflicts. Political and community groups also often use this method.

    Mediation: when negotiations fail or get stuck, parties often call in and independent mediator.This person or group will try to facilitate settlement of the conflict. The mediator plays an activepart in the process, advises both or all groups, acts as intermediary and suggests possiblesolutions. In contrast to arbitration (see below) mediators act only in an advisory capacity - theyhave no decision-making powers and cannot impose a settlement on the conflicting parties.Skilled mediators are able to gain trust and confidence from the conflicting groups or individuals.

    Arbitration: means the appointment of an independent person to act as an adjudicator (or judge)in a dispute, to decide on the terms of a settlement. Both parties in a conflict have to agree aboutwho the arbitrator should be, and that the decision of the arbitrator will be binding on them all.Arbitration differs from mediation and negotiation in that it does not promote the continuation ofcollective bargaining: the arbitrator listens to and investigates the demands and counter-demands

    and takes over the role of decision-maker. People or organisations can agree on having either asingle arbitrator or a panel of arbitrators whom they respect and whose decision they will acceptas final, in order to resolve the conflict.

    How to be an effective mediator

    An effective mediator needs certain skills in order to achieve credibility and results:

    preferably a proven record of success in mediation or negotiation

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    Trust and respect for chairperson (i.e. the mediator) and the mediating team (if more that oneperson)

    Should there be translation and who should do it?

    Is the venue secure and neutral?

    Do the chairs and tables have to be re-arranged?

    Size and leadership of delegations.

    Should observers be allowed? Agreeing to behave in a polite and disciplined way.

    No blaming, verbal abuse or shouting.

    No physical intimidation (e.g. pointing) and violence.

    No presence and carrying of weapons.

    Should smoking, drinking and eating be allowed?

    No other distracting behaviour, e.g. caucussing while the other side is speaking.

    How long should sessions be?

    Equal time for each side to speak and who should speak first.

    Opportunity to caucus and consult when necessary.

    How should the mediation be minuted?

    What parts of the discussion should be confidential?

    How should the agreement be reported back to members?

    Should the outcome of the mediation be publicised and how?

    http://www.okbar.org/public/brochures/confbroc.htmoklahoma bar asssociation

    Methods for Resolving Conflicts and Disputes

    RESOLVING CONFLICTS AND DISPUTES

    In today's complex society we all deal with conflict in our daily lives - at home, work,

    school, in personal and business relations. Most of us would prefer to have our

    conflicts resolved fairly without violence or animosity. We would like our differences

    settled at the least cost and stress to ourselves, families, jobs or businesses.

    What Are Your Options: We are all familiar with the most traditional dispute

    resolution process of our civil justice system - litigation and trial with a judge or jury

    deciding who is right or wrong - where someone wins and someone loses.

    There are really many more options available to you for problem solving and

    resolving disputes. Negotiation, mediation and arbitration - often called ADR or in

    alternative dispute resolution - are the most well-known.

    Whether you are involved in a family or neighborhood dispute or a lawsuit involving

    thousands of dollars, these processes should be considered. They are often the more

    http://www.okbar.org/public/brochures/confbroc.htmhttp://www.okbar.org/public/brochures/confbroc.htmhttp://www.okbar.org/public/brochures/confbroc.htm
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    appropriate methods of dispute resolution and can result in a fair, just, reasonable

    answer for both you and the other party -- a win-win solution.

    Settlement and compromise have long been favored in the legal system. In fact, most

    cases that are filed in a court do settle. Only 5% of all cases filed go to trial. TheseADR procedures are excellent options for you in dealing with controversy, allowing

    you to reach resolution earlier and with less expense than traditional litigation. In fact,

    many courts require parties to consider some form of ADR before going to trial.

    When communications break down, differences increase and conflicts arise. Knowing

    generally what all your options are, when they are used and how they can help you

    goes a long way toward getting your dispute resolved and giving you a satisfactory

    result. The following processes describe ways you can resolve disputes.

    NEGOTIATION

    Definition: Negotiation is the most basic means of settling our differences. It is back-

    and-forth communication between the parties to the conflict with the goal of trying to

    find a solution.

    The Process: You may negotiate directly with the other person. You may hire an

    attorney to negotiate directly with the other side on your behalf. There are no specific

    procedures to follow - you can determine your own - but it works best if all parties

    agree to remain calm and not talk at the same time. Depending on your situation, you

    can negotiate in the board room of a big company, in an office or even in your own

    living room.

    Negotiation allows you to participate directly in decisions that affect you. In the most

    successful negotiations, you are trying to get what is best for you while considering

    the needs and interests of the other side. A negotiated agreement can become a

    contract and be enforceable.

    When and How Negotiation Is Used: Most people negotiate every day - with

    children about doing homework, with a neighbor about the location of a fence, with a

    boss about a raise, or with a business about buying their product. In some

    circumstances you may want the help of a lawyer to help you negotiate a fair deal.

    Negotiation is certainly the first method of choice for problem solving and trying to

    reach a mutually acceptable agreement. If no agreement is reached, you may pursue

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    any of the other options suggested here. This process can be appropriately used at any

    stage of the conflict - before a lawsuit is filed, while a lawsuit is in progress, at the

    conclusion of a trial, even before or after an appeal is filed.

    Characteristics of Negotiation:

    Voluntary Private and confidential Quick and inexpensive Informal and unstructured Parties control the process Parties make their own decisions and reach their own agreements (no third

    party decision maker) Negotiated agreements can be enforceable

    Can result in a win-win solution

    MEDIATION

    Definition: Mediation is a voluntary process in which an impartial person (the

    mediator) helps with communication and promotes reconciliation between the parties

    which will allow them to reach a mutually acceptable agreement. Mediation often is

    the the next step if negotiation proves unsuccessful.

    The Process: The mediator manages the process and helps facilitate negotiationbetween the parties. A mediator does not make a decision nor force an agreement. The

    parties directly participate and are responsible for negotiating their own settlement or

    agreement.

    At the beginning of the mediation session, the mediator will describe the process and

    the ground rules. The parties or their attorneys have an opportunity to explain their

    view of the dispute. Mediation helps each side better understand the other's point of

    view. Sometimes the mediator will meet separately with each side. Separate

    "caucusing" can help address emotional and factual issues as well as allow time forreceiving legal advice from your attorney. Mediations are generally held in the office

    of the mediator or other agreed location.

    Agreements can be creative. You could reach a solution that might not be available

    from a court of law. For example, if you owe someone money but don't have the cash,

    rather than be sued and get a judgment against you, settlement options could include

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    trading something you have for something the other wants.

    If an agreement is reached, it will generally be reduced to writing. Most people uphold

    a mediated agreement because they were a part of making it. It can become a contract

    and be enforceable. If there is no agreement, you have not lost any of your rights andyou can pursue other options such as arbitration or going to trial.

    When and How Mediation Is Used: When you and the other person are unable to

    negotiate a resolution to your dispute by yourselves, you may seek the assistance of a

    mediator who will help you and the other party explore ways of resolving your

    differences. You may choose to go to mediation with or without a lawyer depending

    upon the type of problem you have. You may always consult with an attorney prior to

    finalizing an agreement to be sure that you have made fully informed decisions and

    that all your rights are protected. Sometimes mediators will suggest that you do this.Mediation can be used in most conflicts ranging from disputes between consumers

    and merchants, landlords and tenants, employers and employees, family members in

    such areas as divorce, child custody and visitation rights, eldercare and probate, as

    well as simple or complex business disputes or personal injury matters. Mediation can

    also be used at any stage of the conflict such as facilitating settlements of a pending

    lawsuit.

    Attorneys and other professionals provide private mediation for a fee. If you have an

    attorney, you can work together to select a mediator of your choice. You may want a

    mediator who is knowledgeable about the subject matter of your dispute. You may

    wish to use a for-fee mediator in the first instance or if Early Settlement mediation has

    not resulted in a resolution of your dispute. You may also find mediators or mediation

    services listed in the telephone directory or available on lists provided by some courts

    or private professional organizations. When selecting a mediator, you should always

    check their credentials and get references. Mediators qualified under the District Court

    Mediation Act meet statutory standards of training and experience.

    Who Provides This Service: Public mediation services are available through Early

    Settlement Centers - 12 regional centers statewide. This program provides the services

    of volunteer mediators, trained and certified to mediate in the Administrative Office

    of the Oklahoma Supreme Court. Mediators in this system are assigned to mediate

    your dispute by the various program administrators. They are available at minimal or

    no charge to help you resolve conflicts, often without the assistance of an attorney or

    the need to go to court. Call (405) 521-6677 for the phone number and location of the

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    The result can be binding if all parties have previously agreed to be bound by the

    decision. In that case, the right to appeal the arbitrator's decision is very limited. An

    arbitrator's award can be reduced to judgment in a court and thus be enforceable. In

    non-binding arbitration, a decision may become final if all parties agree to accept it or

    it may serve to help you evaluate the case and be a starting point for settlement talks.

    How and When Arbitration Is Used: A common use of arbitration is in the area of

    labor disputes - between fire fighters and the city in wage disputes, for example. You

    will usually be represented by an attorney in an arbitration.

    Many contracts have clauses which require that disputes arising out of that contract be

    arbitrated. You may have seen such a provision when you applied for a credit card or

    opened a retirement account or other account with a stock broker. You may want to

    explore using this process if you and the other side agree that the problem needs tohave someone make a decision but you do not want the expense of going through the

    court process. If you agree to arbitrate or sign a contract with an arbitration clause,

    you should understand that the arbitrator may make the final decision and that you

    may be waiving your right to a trial in court.

    Who Provides This Service: Many attorneys, other professionals or professional

    associations offer their services as arbitrators. Typically your attorney will select the

    arbitrator based upon the particular type of the dispute. In complex and highly

    technical cases, often an arbitrator who is knowledgeable in that field is chosen.Usually fees are charged.

    Some courts offer court-sponsored, non-binding arbitration and have specific

    procedural rules to follow.

    Characteristics of Arbitration:

    Can be used voluntarily Private (unless the limited court appeal is made) Maybe less formal and structured than going to court, depending on applicable

    arbitration rules Usually quicker and less expensive than going to court, Depending on

    applicable arbitration rules Each party will have the opportunity to present evidence and make arguments May have a right to choose an arbitrator with specialized expertise A decision will be made by the arbitrator which may resolve the dispute and be

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    final Arbitrator's award can be enforced in a court If non-binding, you still have the right to a trial

    LITIGATION (Going To Court)

    Definition: Litigation is the use of the courts and civil justice system to resolve legal

    controversies.

    The Process: Litigation is begun by filing a lawsuit in a court. Specific rules of

    procedure, discovery and presentation of evidence must be followed. The attorney for

    the other side will want to take your deposition to learn more about the facts as you

    see them and your position in the case. There can be a number of court appearances

    by you and/or your lawyer. If the parties cannot agree how to settle the case, either the

    judge or a jury will decide the dispute for you through a trial.

    A trial is a formal judicial proceeding allowing full examination and determination of

    all the issues between the parties with each side presenting its case to either a jury or a

    judge. The decision is made by applying the facts of the case to the applicable law.

    That verdict or decision can conclude the litigation process and be enforceable;

    however, if appropriate, the loser can appeal the decision to a higher court. In some

    cases, the losing party may have to pay the costs of the law suit and may have to pay

    the other party's attorney fees.

    How and When Litigation Is Used: Our American civil justice system is one of the

    best in the world. Our Constitution gives us the right to a fair trial. If you want your

    day in court with a judge or jury of your peers deciding the outcome, then the pursuit

    of litigation and trial of the case is for you.

    You may be in a municipal court, state district court or a federal court depending on

    the type of dispute you have and where your attorney files your case or where you get

    sued. State court trial judges are elected on a non-partisan ballot, though vacancies are

    filled through an appointment process from highly qualified applicants. The districtcourts also appoint special judges, who handle certain kinds of cases, such as small

    claims and divorces. These judges are selected by the District judges from qualified

    applicants. Federal district judges are nominated by the President and confirmed by

    the U.S. Senate. Federal magistrates are selected by the Federal district judges. In all

    courts, cases are randomly assigned to the various judges. You have no choice

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    concerning which judge will hear your case. Juries are randomly selected from a jury

    wheel of licensed drivers within each state judicial district and, in the case of federal

    court juries, from a jury wheel of registered voters and drivers license holders.

    If you cannot settle your differences through negotiation, mediation, arbitration orsome other means, then you should pursue litigation through the courts with your

    lawyer.

    Characteristics of Litigation:

    Involuntary - a defendant must participate (no choice) Formal and structured rules of evidence and procedure Each party has the opportunity to present its evidence and argument and cross-

    examine the other side - there are procedural safeguards Public - court proceedings and records are open The decision is based on the law The decision can be final and binding Right of appeal exists Losing party may pay costs

    Some Other Dispute Resolution Procedures and Where You May Find Them:

    If you have a problem with a new car, you may find automobile arbitrationthrough the Better Business Bureau to be a solution for you. The manufacturerof your car may also have a process of resolving disputes.

    If you are involved in agriculture and have a farmer-creditor controversy, theAgricultural Mediation Program through Oklahoma State University and theOklahoma Department of Agriculture may be helpful to you.

    Victim-offender mediation which can result in restitution to the victim isavailable through the Oklahoma Department of Corrections.

    Other state and federal agencies sometimes offer settlement options in additionto their regular administrative procedures. For example, mediation of workers'compensation claims is now available.

    If you do go to court, in addition to court-sponsored mediation or other ADRprograms, you may find more procedures that encourage settlement or canresolve the dispute. Your attorney can tell you about the processes available inthe court in which your case is pending.

    Appellate courts, such as our state Supreme Court and the federal Tenth CircuitCourt of Appeals, have settlement conference opportunities.

    Don't forget Small Claims Court where a judge can decide your dispute -

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    usually without a lawyer - if your claim is valued under $6,000. EarlySettlement mediation is often available here to offer settlement assistance firstso you may not need to go before the judge.

    Managing meetings and reaching consensus within any kind of organization orgroup can often be achieved through the assistance of a trained facilitator.Facilitators are available through various non-profit support centers and serviceleagues or other community organizations.

    School Peer Mediation - Peaceful Resolutions for Oklahoma Schools (PROS),a project of the Oklahoma Bar Association/Law-related Education Departmentand Early Settlement, is training students to mediate their own disputes.

    Effective communication and conflict resolution skills classes may be availablein your community by contacting the Law-related Education Department at theOklahoma Bar Association thanks to a partnership with Leadership Oklahoma.

    The OBA Alternative Dispute Resolution Section may be a resource to identify

    additional options.

    CONSIDERATIONS FOR SELECTING THE APPROPRIATE DISPUTE

    RESOLUTION METHOD

    The method you use to resolve your dispute will depend upon your personal needs and

    the nature of your particular dispute. You may want to consult with an attorney to help

    diagnose which process or combination of processes best serves your objectives for

    your particular situation.

    Considerations Include:

    whether you want the dispute to be resolved privately and confidentially or in apublic court setting;

    whether you want an informal setting and a more flexible process or one that ismore formal and has specific rules to follow;

    whether you want to have control over the outcome or you need someone else,a person with expertise (an arbitrator), or a person with authority (a judge), tomake the decision;

    whether the time necessary to reach a final decision is important to you; whether the costs involved in pursuing a particular method are a factor; whether the parties intend to maintain a relationship; whether your dispute should be decided on questions of law, resolved with

    business principles or a solution found through other fair, yet practical, means; whether the process or its outcome is binding and easily enforceable

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    There will always be times when a courtroom trial is called for. Often, however, you

    are better served by one of the other alternative dispute resolution processes described

    in this brochure. Hopefully, this information about the available choices will help you

    select the dispute resolution technique best suited to your individual needs. With a

    better understanding of the considerations that can help you choose the mostappropriate method, your conflicts can be more successfully managed and your

    disputes more satisfactorily resolved.

    Reviewed December 2006

    -======

    http://www.gppac.net/documents/pbp/part1/2_reconc.htm

    The Meaning of Reconciliation

    By Hizkias Assefa*

    Compared to conflict handling mechanisms such as negotiation, mediation,adjudication, and arbitration, the approach called reconciliation is perhaps the least

    well understood. Its meaning, processes, and application have not been clearlyarticulated or developed. A place to start understanding what it entails might be bytrying to distinguish it from the other approaches used in peacemaking and peace-

    building.

    If we were to look at the degree of mutual participation by the conflict parties in thesearch for solutions to the problems underlying their conflict we could place theseapproaches in a spectrum as follows. (See Figure 1)

    At the left end of the spectrum, we find approaches where mutual participation isminimal. The use of force by one of the parties to impose a solution would be anexample of a mechanism that would be placed at this end of the spectrum. Further tothe right of the spectrum, we could place mechanisms such as adjudication. Here athird party, instead of an adversary, imposes a solution to the conflict. However, themutual participation of the parties in the choice of the solution is comparatively higherhere than in the first. In the adjudication process, at least the parties have anopportunity to present their cases, to be heard, and submit their arguments for whytheir preferred solution should be the basis upon which the decision is made.Nonetheless, the choice of the solution is made by a third party, and the decision isbacked by force (enforced) which ensures that the losing party complies.

    http://www.gppac.net/documents/pbp/part1/2_reconc.htmhttp://www.gppac.net/documents/pbp/part1/2_reconc.htmhttp://www.gppac.net/documents/pbp/part1/2_reconc.htm
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    adversaries relationships from that of resentment and hostility to friendship andharmony. Of course, for this to happen, both parties must be equally invested andparticipate intensively in the resolution process.2

    Before we move on to examine the insights that emerge from this spectrum, it will

    clarify our thinking if we quickly glance at one more issue of definitions anddistinctions.

    The conflict handling mechanisms illustrated in the spectrum can be categorized intothree groups which we will call conflict management, conflict resolution, and conflictprevention approaches. Conflict management approaches generally tend to focus moreon mitigating or controlling the destructive consequences that emanate from a givenconflict than on finding solutions to the underlying issues causing it. On the otherhand, conflict resolution approaches aim at going beyond mitigation of consequencesand attempt to resolve the substantive and relational root-causes so that the conflict

    comes to an end. While conflict management and resolution are reactive, they comeinto motion once conflict has surfaced, conflict prevention tries to anticipate thedestructive aspects of the conflict before they arise and attempts to take positivemeasures to prevent them from occurring.

    Most of the mechanisms identified on the left hand of the spectrumare conflict management approaches. The use of military force fordeterrence or in peace-keeping (separating the conflict parties fromeach other so that they do not keep inflicting harm on each other)are typical conflict management strategies. To the extent thatadjudication, arbitration, and bargaining negotiations do notbecome avenues to solve the underlying issues of the conflict, and

    in most instances they do not, they become mere stop-gap conflict managementmeasures. But if they provide an opportunity to work out not only differences onsubstantive issues but also negative relationships, they can become conflict resolutionmechanisms.

    Observations

    We notice that as we move from the left to the right on the spectrum, i.e., as the

    participation of all the parties in the search for solution increases, the likelihood ofachieving a mutually satisfactory and durable solution also increases. We know thatsolutions imposed by force will only last until the vanquished is able to mustersufficient force to reverse the situation. Solutions imposed by adjudication andarbitration, unless somehow the loser gives up, can always be frustrated by the lattersendless appeals or lack of cooperation in the implementation process. If, however, theparties are engaged earnestly in the search for the solutions and are able to find

    Justice is a

    necessary but

    not sufficient

    condition for

    reconciliation.

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    resolutions that could satisfy the needs and interests of all involved, there could be nobetter guarantee for the durability of the settlements. It would be in the interest ofevery one to see to it that they are fully enforced. This is what we believe problem-solving negotiations, mediation, and reconciliation can do.

    What is noteworthy however is that as we move from the left to the right end of thespectrum, although the likelihood of effectiveness and durability of the solutionsincreases, our knowledge and understanding of the approaches to be utilized becomesketchy, less developed and unsystematic. Our knowledge and methodology ofconflict management approaches (the mechanisms on the left hand side of thespectrum) such as the use of force, adjudication, or arbitration are quite advanced.They are highly developed disciplines within institutions that command high respectand resources devoted to training and practice. Military and police science,jurisprudence and legal studies, as well as the entire military and police academies,law schools, ministries of defence and justice, police departments, courts, prisonsystems, are examples of these disciplines and institutions that advance the practice ofthese approaches. In contrast, conflict resolution approaches such as problem-solvingnegotiation and mediation are less developed and institutions and resources devoted totheir training, advancement and practice are meager. Whatever is in place is voluntaryand ad-hoc. Then, when we come to reconciliation, let alone establish procedures andinstitutions charged with the application of the concept, there is not even muchunderstanding of what it means, especially, among social scientists. Religious peopleand theologians are a bit better equipped to discuss the concept. But even there, thereis a great gap between articulation and translation of the ideas into practice.

    Healing and Reconciliation

    Despite the lack of knowledge about how to operationalize reconciliation, there ishowever no question about the tremendous need for it. In fact, it could be said that theneed in todays world is much greater than at any other time in the past.

    One reason is that conflict management strategies are not adequate to deal with thekinds of contemporary conflicts raging in many parts of the world. Especially sincethe end of the Cold War, civil wars have replaced interstate wars as the mostpredominant large scale social conflicts. To a certain extent, in interstate conflictsstrategies aimed merely at separating the conflicting parties might suffice. Even if theunderlying issues of the conflict are not resolved, the separation could help avoid therecurrence of the conflict. Because states tend to isolate themselves from each otherby their national boundaries, the task of separating them by peace-keeping forces isrelatively easier.

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    However, in civil war situations the relationships between the protagonists is muchmore intimate and complex. In most cases, the parties share the same geographic areaand even community, there might be strong economic interdependence between them,they usually have all sorts of social ties among each other including intermarriages. Inthese instances it is quite difficult to separate the protagonists since the boundaries

    between them are very difficult to draw. Even if it is possible to do it for a short while,it is not feasible to think of conflict management strategies such as separation as longterm solutions. For that matter, even decisions imposed by adjudication or other suchprocesses will not be solutions since the winning party cannot expect to enjoy itsvictory without facing the consequences of the losers wrath. Therefore, in civil warsituations conflict management strategies are not adequate. One has to move towardsconflict resolution and reconciliation processes where not only the underlying issuesto the conflicts are resolved to everyones satisfaction but also the antagonisticattitudes and relationships between the adversaries are transformed from negative topositive.

    Moreover, even in interstaterelations, we are increasinglyrealizing that the components ofthe modern international systemare no more the 19th centuryautarchic states. The globe isshrinking and the fates of peoplesof the world are becoming moreand more inextricably intertwined.Thus, it would be increasinglydifficult to expect unilateralapproaches to handling conflictssuch as imposition of solutions byforce as viable approaches. In aninterdependent and closely interconnected world even those that are supposedly weakcan have their own way of subverting or undermining the imposed order. Therefore,those groups must somehow be enabled to participate in the search for solutions intheir conflicts even with the more powerful actors. In fact, the democratic values that

    the current international order is trying to promote as a universal value in all societiesof the world necessitates movement more and more towards integrative negotiation,mediation and reconciliation as the predominant ways of dealing with conflict insteadof unilateral measures that entail the use of coercion.

    What Does Reconciliation Entail?

    Reconciliation as a conflict handling mechanism entails the following core elements:

    Tuareg leaders on their way to the Mali Flame of Peace

    ceremony, 1996. Photo: Henny van der Graaf.

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    a) Honest acknowledgment of the harm/injury each party has inflicted on the other;

    b) Sincere regrets and remorse for the injury done:

    c) Readiness to apologize for ones role in inflicting the injury;

    d) Readiness of the conflicting parties to let go of the anger and bitterness caused bythe conflict and the injury;

    e) Commitment by the offender not to repeat the injury;

    f) Sincere effort to redress past grievances that caused the conflict and compensate thedamage caused to the extent possible;

    g) Entering into a new mutually enriching relationship.

    Reconciliation then refers to this new relationship that emerges as a consequence ofthese processes. What most people refer to as healing is the mending of deep

    emotional wounds (generated by the conflict) that follow the reconciliation process.

    A very important aspect of the process of reconciliation and one that distinguishes itfrom all the other conflict handling mechanisms is its methodology. In most of theconflict handling mechanisms such as adjudication, arbitration, and for that mattereven negotiation and mediation the method used for establishing responsibility for theconflict or its consequences is adversarial. In these processes, the parties present their

    grievances and make a case for the adversarys fault or responsibility, therebydemanding that it should be the latter that should make amends. Each party begins bydefending its own behaviour and denying its own guilt or responsibility until theopponent proves it to his or her satisfaction or to the satisfaction of outside observers,be they judges or mediators. In such a process, ones behaviour is always explained asa reaction to the behaviour of the adversary. The typical pattern of the interaction is: I

    did this to you because you did such and such a thing to me! The aim is to get theadversary to change his or her future conduct by proving the persons guilt. Of course,the expectation is that both parties will change each other in this way and willeventually transform their relationship from negative to positive.

    Despite the lackof knowledge

    about how to

    operationalize

    reconciliation,

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    precedes reconciliation. However, this argument presents a false dichotomy. Anattempt at reconciliation without addressing the injustice in the situation is indeed amockery and belittling the suffering of the victim. There cannot be reconciliationwithout justice. Justice and equity are at the core of reconciliation. The centralquestion in reconciliation is not whether justice is done, but rather how one goes about

    doing it in ways that can also promote future harmonious and positive relationshipbetween parties that have to live with each other whether they like it or not. Justice isa necessary but not sufficient condition for reconciliation. Reconciliation takes theconcern for justice a step further and is preoccupied with how to rebuild a morelivable, and psychologically healthy environment between former enemies where thevicious cycle of hate, deep suspicion, resentment, and revenge does not continue tofester.

    For this reason, the methodology used to arrive at justice in the reconciliation processis different from that used to arrive at justice in the conventional (juridical) approach.The aim of the latter processes (particularly of the criminal justice process) isprimarily to identify guilt and administer the punishment that the law requires withlittle attention to healing the bitterness and resentment that exist between the parties inthe conflict. Identifying ways in which offenders are assisted to redress the materialand emotional damage they have inflicted through self-reflection, acknowledgment ofresponsibility, remorse, and compensation would be an important step towardsestablishing an environment of reconciliation. The approach known as restorativejustice as opposed to retributive justice brings us closer to the point where justice

    can be done but at the same time the possibilities for reconciliation are enhanced.3

    Applying this concept in some of the catastrophic situations like Rwanda, Yugoslavia,Cambodia or Chile, reconciliation does not mean that the offenders are just pardoned.It means creating a process and an environment where the offenders take theresponsibility to acknowledge their offense and get motivated to change the situationand relationship in a positive and durable manner instead of keep denying their guiltuntil it is proven to them by the juridical process.

    The important thing to note is that to the extent the offenders keep denying their guilt,even if their responsibility is proved juridically and they are punished, the internalchange that needs to take place to change the relationship from destructive toconstructive, from hate to cooperation and harmony may not happen. Particularly ingroup conflicts, the punishment of the offenders alone does not prevent them or theirfollowers and (at times, even their descendants) from continuing to hate and desiringto retaliate against those that punished them or their forefathers. Reconciliation has amuch better chance of stopping the cycle of violence and hatred that sometimestranscends generations than any other conflict handling mechanism. Although flawedin many ways, this is what the experiments with Truth and Reconciliation

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    Commission in conflict-ravaged societies are trying to do. In a number of instances,these commissions have been able to go as far as obtaining voluntarilyacknowledgment of guilt by offenders. But they have not gone far enough to get themto demonstrate sincere remorse, or take active steps to compensate and repair therelationship vis a vis their victims. 4

    Notes

    1 See Roger Fisher and William Ury, Getting to Yes, for the distinction between thebargaining type (distributive) and problem-solving type (integrative) negotiationapproaches.

    2 Of course these categories are neither exhaustive nor water-tight. There are manymore mechanisms that mix the various types and fall somewhere in between. Oneexample is a mechanism that has come to be known as med/arb, where the process

    starts as mediation with the voluntary and full participation of the parties, but if thatfails in resolving the problem, the solution is determined by a third party, anarbitrator. There are also other non-formal processes such as advocacy by interestgroups, political mobilization at the grass-roots level in order to put pressure onleaders, etc. that can be placed at various points on the spectrum. Advocacy operatesin the adjudication framework although the body to whom the appeal is done might bethe courts of national or international pubic opinion instead of the regular courts oflaw. Political mobilization could be seen as a tactic in the negotiation process inwhich the adversaries are marshaling their forces to improve their bargaining leverageor capacity to be heard and be taken seriously.

    3 See Howard Zehr, Changing Lenses, (Scottdale, Pennsylvania: Herald Press), 1990

    4 For a critique of Truth and Reconciliation Commissions and more detailedelaboration of concepts, approaches, and methodologies, and examples see HizkiasAssefa, Process of Expanding and Deepening Engagement, ReconciliationMethodology in Large Scale Social Conflicts (forthcoming).

    *Hizkias Assefa is Professor of Conflict Studies, Conflict Transformation Programme,

    at Eastern Mennonite University, USA, and a Distinguished Fellow at the Institute of

    Conflict Analysis and Resolution at George Mason University, USA. He is the founderand co-ordinator of the African Peacebuilding and Reconciliation Network in

    Nairobi, Kenya. He works as a mediator and facilitator in civil war situations in many

    parts of Africa from his base in Nairobi. He is the author of several books, including

    Peace and Reconciliation as a Paradigm: A Philosophy of Peace and Its Implications

    on Conflict, Governance and Economic Growth in Africa (Majestic Press, 1993), and

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    Process of Expanding and Deepening Engagement: Methodology for Reconciliation

    Work in Large Scale Social Conflicts (forthcoming).

    http://www.ohrd.wisc.edu/onlinetraining/resolution/stepsoverview.htm

    Conflict Resolution Menu

    8 Steps: Overview

    The following process is useful for effectively managing conflict in your workplace, inrelationships, or in other situations where you have an interest in seeking a negotiate

    solution. These steps won't guarantee an agreement, but they greatly improve thelikelihood that the problems can be understood, solutions explored, and consideratioof the advantages of a negotiated agreement can occur within a relatively constructivenvironment. They provide useful strategies to consider that reduce the impacts ofstress, fears and "surprise" factors involved in dealing with conflict.

    1. "Know Thyself" and Take Care of Selfo Understand your "perceptual filters," biases, triggerso Create a personally affirming environment (eat, sleep, exercise)

    2. Clarify Personal Needs Threatened by the Disputeo Substantive, Procedural, and Psychological Needso Look at BATNA, WATNA, and MLATNAo Identify "Desired Outcomes" from a Negotiated Process

    3. Identify a Safe Place for Negotiationo Appropriate Space for Discussion/ Private and Neutralo Mutual Consent to Negotiate/ Appropriate Timeo Role of Support People (Facilitators, Mediators, Advocates), as neededo Agreement to Ground rules

    4. Take a Listening Stance into the Interactiono "Seek first to understand, then to be understood" (Covey)o Use Active Listening skills

    5. Assert Your Needs Clearly and Specificallyo Use "I-messages" as tools for clarification

    http://www.ohrd.wisc.edu/onlinetraining/resolution/stepsoverview.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/stepsoverview.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/index.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/index.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step1.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step1.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step2.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step2.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step3.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step3.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step4.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step4.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step5.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step5.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step5.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step4.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step3.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step2.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step1.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/index.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/stepsoverview.htm
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    o Build from what you have heard - continue to listen well

    6. Approach Problem-Solving with Flexibilityo Identify Issues Clearly and Conciselyo Generate Options (Brainstorm), While Deferring Judgmento Be open to "tangents" and other problem definitionso Clarify Criteria for Decision-Making

    7. Manage Impasse with Calm, Patience, and Respecto Clarify Feelingso Focus on Underlying Needs, Interests, and Concernso Take a structured break, as needed

    8. Build an Agreement that Workso Review "Hallmarks" of a Good Agreemento Implement and Evaluate - Live and Learn

    http://www.wittcom.com/how_to_resolve_conflict.htm

    How to Resolve Conflict

    If you view conflict as something that shouldn't happen, something that harms relationships, it becomes

    negative. And then you avoid it and hope it will go away. But if you see conflict as a fact of life, an

    opportunity to strengthen relationships, you have a way of resolving conflict by turning it into

    something creative.

    Try these "10 Ways to Resolve Conflict."

    1. Agree on a mutually acceptable time and place to discuss the conflict.

    2. State the problem as you see it and list your concerns.

    o Make "I" statements.

    o Withhold judgments, accusations, and absolute statements ("always" or "never").

    3. Let the other person have his/her say.

    o Do not interrupt or contradict.

    o Do not allow name-calling, put-downs, threats, obscenities, yelling, or intimidating

    behavior.

    http://www.ohrd.wisc.edu/onlinetraining/resolution/step6.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step6.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step7.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step7.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step8.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step8.htmhttp://www.wittcom.com/how_to_resolve_conflict.htmhttp://www.wittcom.com/how_to_resolve_conflict.htmhttp://www.wittcom.com/how_to_resolve_conflict.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step8.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step7.htmhttp://www.ohrd.wisc.edu/onlinetraining/resolution/step6.htm
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    7 Tips for Resolving Conflicts Quickly and

    PeacefullyWritten byStephen Hopson-85 Comments

    Everyone has to deal with difficult people, whether they are argumentative, abusive, stubborn, or

    combative. The question is, how can you assert your own rights without creating an unnecessary

    incident?

    In most cases, angry people are screamingto be heard. They want to be valued, loved, and listened to.

    They want to feel important but arent able to express themselves constructively. With the right attitude,

    its possible to get past these insecurities and reach an understanding.

    These 7 strategies will help you setting disputes quickly and peacefully for the benefit of everyone

    involved:

    1. Remain calm. Be still and say nothing. Let the storm run its course. Often times the angry person

    wants to provoke you. Arguing is ineffective because it raises barriers. Consider how I handled

    thebarbersituation.

    2. Let the other person do the talking. He or she will soon grow tired of it. Sometimes thats all they

    want. To be heard. To feel important. Everyone wants to feel important. Some people just express it in

    ways that are counterproductive.

    3. Genuinely consider the other persons point of view. Imagine yourself in his shoes. Never say

    youre wrong. In fact, try hard to look for areas of agreement and build on them.

    4. Theres power in the words Yes, yes, I see exactly what youre saying. You mean. This

    shows the other person you hear him/her. Thats all they usually want to be validated. By agreeing with

    them, you gradually break down the other persons anger.

    5. If the situation turns verbally abusive, put a stop to it. Firmly but calmly state: Youre very angryright now and youre saying things you dont mean (give them the benefit of the doubt). Im going to

    excuse myself. We can talk again after you calm down. Then leave the room or ask them to leave.

    6. If you are wrong, quickly admit it and take responsibility.You could say, Youre absolutely right, it

    is my fault and here is what Ill do to fix it. Even if youre NOT wrong, at least give them the benefit of the

    doubt, I may be wrong, lets look at the facts together. Its hard to argue with that!

    These words have tremendous power. Not only does it validate the other persons viewpoint but it also

    diffuses the tension. You might be surprised by what happens afterwards. The person could end up

    defending you. Youd be amazed how an attacker suddenly becomes an ally.

    7. Use the power of visualization.If youre dealing with someone you interact with on a daily basis (like

    a boss or co-worker), try to imagine that person as a loving spiritual being. I did this with a boss I had at a

    Wall Street bank several years ago. He was an absolute tyrant and gave everyone a hard time. In

    retrospect, he was clearly unhappy and insecure.

    http://www.articlesbase.com/human-resources-articles/organisational-culture-and-employee-

    behaviour-1897458.htmlOrganisational Culture And Employee BehaviourPosted: Feb 23, 2010 |Comments: 0 | Views: 3,991

    http://www.pickthebrain.com/blog/author/stephen-hopson/http://www.pickthebrain.com/blog/author/stephen-hopson/http://www.pickthebrain.com/blog/author/stephen-hopson/http://www.pickthebrain.com/blog/resolving-conflicts-quickly-and-peacefully/#commentshttp://www.pickthebrain.com/blog/resolving-conflicts-quickly-and-peacefully/#commentshttp://www.pickthebrain.com/blog/resolving-conflicts-quickly-and-peacefully/#commentshttp://www.adversityuniversityblog.com/2006/06/08/adversity-at-the-barber-shop/http://www.adversityuniversityblog.com/2006/06/08/adversity-at-the-barber-shop/http://www.adversityuniversityblog.com/2006/06/08/adversity-at-the-barber-shop/http://www.articlesbase.com/human-resources-articles/organisational-culture-and-employee-behaviour-1897458.htmlhttp://www.articlesbase.com/human-resources-articles/organisational-culture-and-employee-behaviour-1897458.htmlhttp://www.articlesbase.com/human-resources-articles/organisational-culture-and-employee-behaviour-1897458.htmlhttp://www.articlesbase.com/human-resources-articles/organisational-culture-and-employee-behaviour-1897458.html#commentshttp://www.articlesbase.com/human-resources-articles/organisational-culture-and-employee-behaviour-1897458.html#commentshttp://www.articlesbase.com/human-resources-articles/organisational-culture-and-employee-behaviour-1897458.htmlhttp://www.articlesbase.com/human-resources-articles/organisational-culture-and-employee-behaviour-1897458.htmlhttp://www.adversityuniversityblog.com/2006/06/08/adversity-at-the-barber-shop/http://www.pickthebrain.com/blog/resolving-conflicts-quickly-and-peacefully/#commentshttp://www.pickthebrain.com/blog/author/stephen-hopson/
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    The essay will look at the link between organisational culture and employee behaviour. This will act as the

    foundation of the strategies or methods that employers can use to achieve organisational goals. Because

    organisational culture is defined as the associated norms of an organisation, while employee behaviour is seen as

    the outward expression of an employee's perception of organisational culture, then organisational culture

    precedes employee behaviour. Leaders have the ability to influence and manage organisational culture. When this

    is done effectively, then employees will express those values positively through their behaviour. The following

    qualities will be examined in detail in the essay;

    corporate communication

    decision making

    motivation

    other character traits

    All the above character traits can be used by leaders to influence organisational culture and

    hence employee behaviour. First of all, there will be a need to change corporate communication in order to create

    an open and transparent organisational culture. This can be achieved through giving clear communication thus

    eliminating here-say among members of the organisation. This enhances the way employees perceive themselves

    and will also affect their behaviour (Robbins, 2004)

    Decision making within any organisation needs to be done in such a way that it enhances independence.

    Employees need to feel that their respective organisations trust them to the point of allowing them to make

    decisions within the organisations. Experts have suggested that organisations where there is less bureaucracy in

    the process of decision making are generally more efficient. The reason why this occurs is that most employees will

    not waste time trying to maintain protocol. Details of how mangers can achieve this will be examined in the essay.

    Leaders need to motivate their employees. There are various ways in which this can be achieved; through reward

    systems, through allowances, flexible working hours and holiday provisions. Employees can also be motivated by

    possessing greater autonomy in the decision making process. Details of how managers can achieve this will be

    analysed in the essay. The overall effect of motivation is that it makes workers more energised. This can create a

    culture of hard work and will be manifested through employee behaviour. These interlink age will be elaborated

    further in the essay. (Dessler, 2001)

    The essay will also look at other quality traits that managers can utilise to influence their employees. This can be

    achieved through justice and honesty when handling employee cases. Leaders also need to employ participative

    character traits in order to affect organisational culture hence employee behaviour. Participation means

    collaboration between leaders and employees during the execution of tasks. The validity of this argument will be

    further scrutinised in relation to organisational culture. Managers also need to understand their employees and use

    motivational tools that relate to their employees character traits. By doing this, employers will enhance a culture of

    hard work and this will propagated in employee's behavioural traits.

    Introduction

    Organisational culture may be defined as the accepted norms and values that are associated with a particular

    company. These norms are seen as distinctive to a particular organisation and normally affect the way specific

    organisations go about implementing their organisational goals. These norms are also passed on from one group of

    the organisation to another. The most fundamental question that managers and other organisational stakeholdersneed to answer is what is the relevance of organisational culture to the way they go about their activities?

    Organisational culture is closely related to organisational strategy. Managers who normally experience problems

    are those ones who fail to merge organisational culture to their strategies. If new strategies are incompatible with

    the kind of culture prevailing at that time, then chances are they might fall fail. Numerous authors have explained

    how many companies have failed in their endeavours to change their organisation because they had a plan to

    reorganise and transform without looking at prevailing culture. (Locke, 1976)

    Organisational culture related to employee behaviour

    Organisational culture can be tackled in three realms; these are;

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    behaviour and artefacts

    values

    assumptions and beliefs

    Assumptions and beliefs indicate all the underlying values that have been taken for granted by particular

    organisation. These are usually values that have become so common to a specific organisation that no one even

    notices that they are there. Values on the other hand are issues that determine behaviour. It should be noted that

    values are more internal and are only expressed through behaviour. The latter term; behaviour denotes the visibleelements of culture prevailing within a certain organisation. These can be analysed through the organisational

    dress code, the way employees use technology in their tasks, how work spaces are divided and even the way top

    executives are treated within the organisation. All the above elements should be understood by managers and

    implemented in order to influence and affect organisational culture.

    Corporate communication

    It is essential to remember that any particular form of organisational culture is affected by the way

    employees, employersand shareholders communicate to each other. Organisational culture is reflected in the

    manner communication is made within the firm. Corporate communication normally refers to the way companies

    distribute or disseminate their information either externally or internally. Internal communication will refer to the

    way employees share information within their organisation and also the way suppliers, partners and investors will

    share knowledge with the company. Leaders should endeavour to create organisational cultures in which

    employees represent the best image of the company. (Brown, 1995)

    Corporate communication normally affects the way the company is perceived by the external market. It may

    involve internal relations, crisis communication, corporate social responsibility, issue management and change

    management. These are all very critical in the determination of how an organisation will go about implementing its

    tasks and objectives. Sometimes, there may be a need to change certain policies. This is something that will need

    corporate communication. If done in an appropriate manner, it can affect organisational culture in the future and

    consequently employee behaviour. Sometimes internal corporate communication may be done to check on the

    progress of a certain plan to be conducted by the company. Managers should ensure that their communication is

    done transparently. It should also be done in a compassionate manner in order to make the employees feel as

    though they are an important part of the organisation and should not be undermined by certain rigid

    communication procedures. It is also important to make sure that communication is done openly. Most managers

    make the mistake of letting rumours or here-say be the source of their communications. Most of the time,suchemployers will not bother correcting or rectifying information. This kind of communication normally persists in

    cases where there is a high system of hierarchy. Leaders need to realise that they have the ability to influence

    organisational culture hence employee behaviour through the types of communication that they adopt for their

    organisation. Good corporate communication is one in which all the virtues mentioned above are incorporated.

    (Bate, 1994)

    Leaders need to realise that they can utilise corporate communication to influence organisational culture

    hence employee behaviour as they are communicated to the consumer. Organisations that build a system of loyalty

    through open communication will instil these values and will make their employees trickle this down to their clients.

    Such employees will ensure that their clients' needs are met through discussions with them and will therefore

    contribute towards their satisfaction. Such organisations will normally have greater competitive advantage in

    comparison to others in the market.

    Decision making

    Decision making processes are also ways in which organisational culture can be transformed thus changing

    employee behaviour and competitive advantage. Organisations where employees are; confused about their

    enumeration systems or those ones where employees' job description contracts always come in late or those ones

    where new employees are never recruited on time, may have problems with employee behaviour hence service

    delivery. It is essential for leaders to employ the expertise and knowledge that its employees have in their decision

    making processes. This is because staff members are the ones who eventually have to carry the burden of those

    decisions. Leaders need to realise that employees have a lot of contact with clients and may be more

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    knowledgeable about consumer preference. It is therefore wise to learn about those ideas from their employees.

    This will make employees more responsible and will instil an organisational culture that is full of cooperation.

    (Kilmann et al, 1986)

    CEO s and other types of leaders need to create a free environment where employees are allowed to think for

    themselves. This will go a long way in enhancing efficiency because too much bureaucracy slows down service

    delivery. Employees should be encouraged to contribute their views through regular meetings with managers oremployers. This can also be topped up by freedom to elect an independent advisory group that will facilitate certain

    agreements between employees and their employers. Organisations that are characterised with top-down

    management structure and cultures rarely affect their employees' behaviour and will be less effective in

    achievement of sustainable advantage.

    Decision making as a method of influencing employee behaviour and organisational culture is effective in that it

    allows employees to be prepared psychologically for business activity. Organisations in which decision making is

    largely left to the employee are characterised by fast and intellectual employees during treatment of clients. It

    should be noted that such employees are normally quite ready for nay occurrences in the firm since they

    contributed to its formation. Consequently, chances of meeting obstacles and objections during hours of business

    will be minimised by those employees and they will be more effective in their tasks. Examples of areas in which

    employees should be allowed to contribute to include aspects of products sold. Employees can make their

    contribution about how their product should be based on knowledge acquired from consumers. They could also give

    their ideas about pricing strategies. Through their interaction with clients, employees will have the ability to know

    what consumers are looking for in their area of interest are. Such issues will contribute towards better employee

    behaviour and hence organisational behaviour. (Benedict, 1934)

    Motivation

    Motivation can be seen as way of influencing employee's behaviour in such a way that it will lead to positive results

    within the organisation. This is one of the most instrumental factors in the process of affecting employee behaviour

    and hence organisational culture. Motivation can boost an employee's self esteem and will influence their capacity

    to work. Motivation is especially necessary in instances where an organisation is undergoing changes. At that time,

    there is a need for a motivational plan that will include all the new environmental factors that will come into play.

    This motivational plan should bring out the following aspects in the employees;

    confidence

    honesty

    integrity (Judge & Watanabe, 1993)

    Motivation can be achieved through a variety of channels. First and foremost, an organisation needs to implement

    rewards systems that create an atmosphere of enthusiasm amongst its employees. It would be preferable if an

    organisation links reward systems to organisational success. This is the fundamental principle behind best practice

    theories. In best practice theories, employees normally feel motivated to do better when they can see the results of

    the efforts./ At the same time, employers need to avoid linking performance with enumeration for specific

    individuals within its organisation. When employers adopt such a system of enumeration, then they will only be

    dealing with temporary solutions. Linking enumeration to individual performance usually creates negative energies

    in the organisation. Employees may look for shortcuts in order to meet their targets. Others may become hostile

    towards their counterparts. It is therefore important to adopt fair distribution systems in enumeration so as to

    maintain harmony and to create a culture of looking at the bigger picture'.

    Another method that managers/ employers can use to motivate their employees is through the use of allowances.

    For example, they could [provide certain holidays and flexible working hours that could encourage their employees

    to work harder. Organisations should also endeavour to provide safe environments for their employees especially in

    the construction and industrial sectors. They could provide their employees with all the necessary resources to go

    about their daily activities. This will give them more morale to continue with their tasks because they know their

    health or well being is not in any danger.

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    Another source of motivation stem from flexible organisational structure. Firms that allow employees to make their

    own decision or those ones that allow them to have some form of autonomy in their project group will go a long

    way in enhancing motivation within the organisation.

    Motivation can also be achieved by institution of training and development strategies. This can be achieved for both

    new and old employees. Motivation and training are interlinked; training instils employees with the necessary skills

    and knowledge necessary continue with their day to day tasks. Training done on a regular basis ensures thatemployees have confidence when handling clients or when doing other technical skills. This will contribute to the

    nature of service delivery in the company and there will be greater achievement of organisational culture. (Bartol

    et al, 2005)

    Overly, motivation gives employees the energy and drive to bring positive changes to the organisation. When

    managers use motivational tools regularly, they will create an organisation culture that has extremely motivated

    individuals; this will be manifested in their output or behaviour. The latter will be directed towards achievement of

    organisational goals and such companies will be way above the rest.

    Employing specific character traits to affect employee behaviour

    Managers with the right qualities have the ability to affect organisational culture and hence employee behaviour.

    Managers should endeavour to display attributes of justice and honesty. This can be achieved through the honesty

    during interaction with employees. When leaders need to solve disputes between their employees, they should dothis in a fast and fair manner. The disagreeing parties should be accommodated effectively in this process. By

    being just, employers will be showing their employees that the company is on their side and this will go a long way

    in enhancing transparent organisational culture. Such a culture will be depicted by committed workers who have

    confidence in their organisation. (Allen, 1985)

    Another quality that should be emphasised by managers is the participative culture. This can be achieved by

    working with employees. Organisations should try their best to create an environment where employers and

    employees collaborate to complete tasks. There is nothing that will many employees over like a leader who walks

    his talk'. Such employees will be encouraged to place more efforts or to go that extra mile because they realise

    that their employees will do the same too.

    Leaders could also try to be more understanding of their employees. They should try and learn their employees and

    understand what the most important things to their employees are. Some employees may be motivated to work

    harder by money. Some employees may be motivated by continuous challenges in their tasks. On the other hand,

    others may prefer seeing the satisfaction on clients' faces. If employers can understand their employees as

    individuals, then they can customise motivational tools to create an organisational culture where most of the

    employees are satisfied by their motivational tools. This kind of culture will be depicted in the way most of these

    employees behave. (Weick, 1979)

    Conclusion

    Organisational culture is linked to employee behaviour in that the latter is an expression of the former. If managers

    try their best to institute changes in the organisation that influence organisational culture, this will be expressed by

    employee behaviour and can actually create competitive advantage.

    Reference:

    Allen, R. (1985): Four Phases for Bringing About Cultural Change; Oxford

    Kilmann, M. et al (1986): Gaining Control of the Corporate Culture; McGraw Hill

    Bate, S. (1994): Strategies for Cultural Change; Butterworth Heinemann, Oxford

    Benedict, R. (1934): Patterns of Culture; Houghton Mifflin, Boston

    Brown, A. (1995): Organisational Culture; Pitman Publishing, London

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    Bartol, K, et al. (2005): Management: a pacific focus; 4th edition McGraw-Hill Book Company.

    Dessler, G (2001): Management, leading people and organisations in the 21st century; Prentice Hall Inc, New

    Jersey.

    Locke, E. A. (1976): The nature and causes of job satisfaction. In M. D. Dunnette (Ed.), Handbook of Industrial and

    Organizational Psychology, Chicago; Rand McNally

    Judge, T. A., & Watanabe, S. (1993): Another look at the job satisfaction-life satisfaction relationship; Journal of

    Applied Psychology, 78

    Robbins, S. P. (2004): Organizational Behaviour - Concepts, Controversies, Applications; 4th Ed. Prentice Hall

    Weick, K.E. (1979): The Social Psychology of Organizing 2nd edtn; McGraw Hill

    http://www.organizationalculture101.com/effects-of-organizational-culture.html

    What Are Some Effects Of Organizational Culture?

    The effects of organizational culture are many and varied. Obviously the affects of organizational culture varies depending on whether the

    company has a strong culture or a weak culture, but there are some generalities that apply. This article is going to focus on the positive

    effects that occur when a company makes a concerted effort to establish a strong positive organizational culture at the work place.

    Many workers are spending more and more time at work. Depending on the job or company, many workers would put in 50, 60, or even

    more hours a week. The old axiom goes that a happy worker is a productive worker, and this is one of the effects of organizational culture.

    Workers want to enjoy work. They want to be interested in whatevers going on that day, or long term goals. Being part of s omething

    meaningful that the worker enjoys makes the whole experience of work better, which will make them more productive. The effects of

    organizational culture should help provide this setting.

    A strong organization will focus on the environment it creates for its workers because that will help encourage a more efficient and productive

    company. Focusing on building and sustaining organizational culture shows employees that they are considered an important part of the

    company. This type of company generally has among the best response from its employees and thus will also have a much better chance of

    achieving its goals.

    There are five major reasons for wanting to create an appropriate and positive organizational culture for your company:

    1) A strong organizational culture will attract high level talent. The high level talent entering corporations want to go to the companies that

    offer opportunities for advancement and to show off their talents. The best people can be choosy and they will strongly consider the

    companies where the organizational culture appears effective and positive and the workers get along with each other and are united in their

    goals of making the company better.

    2) A strong organizational culture will help to keep your top level talent. If workers love the job they are at, and feel like valuable members of

    a team, then theyre not likely to want to go to another company. A top notch culture will not only attract the best new talent, but helpretain them afterwards.

    3) A strong culture creates energy and momentum. Once a strong organizational culture is built, it will gain a momentum of its own and will

    help to allow people to feel valued and express themselves freely. The excitement and energy this will cause will end up being a positive

    influence that affects every part of the organization.

    4) A strong and successful organizational culture should alter the employees view of work. Most people think of work as boring,

    aggravating, stressful, etc. Instead of thinking of work as a place you have to go, a solid culture can make employees look forward to work. If

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    the workers love coming into the job, they are going to work harder, and put more effort into any job. Everyone wants a job that they enjoy,

    and most people are willing to work: but its easier to work hard in a job you enjoy than in one you hate. Same principle applies to

    everyone else, too.

    5) A strong and positive organizational culture will help make everyone more efficient and successful. From the lowest mail room worker to

    the highest CEO, a strong culture helps everyone. You often hear this type of description made with a professional football team.