mediation of organisational conflicts

7/27/2019 MEDIATION of Organisational Conflicts

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MEDIATION OFORGANISATIONAL CONFLICTS

Anca Monica ARDELEANU, LLDAssociate Professor

University of BucharestFaculty of Business and Administration


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THE NATURE OF CONFLICT Conflict is an inevitable part of life.

Violence often erupts out of conflict, as can beseen from significant events in history.

War has been around since the dawn ofhumanity, resulting from differences concerningideals, land, or religion.

Family life also presents its own unique conflicts,since you often have a houseful of people withdifferent needs and agendas.


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THEORIES ABOUT CONFLICT

Nicolo Machiavelli, Thomas Hobbes, Emile

Durkheim, Karl Marx, Max Weber, Ralph

Dahrendorf, David Lockwood, Lewis Coser,

Talcott Parsons, Goldman Schlenker, Johnson

Pruitt etc

60s controversy between the new theories

(conflict is positive) and the old theories (conflict

is negative)


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BELIEFS ABOUT CONFLICT

Conflict is generally negative and destructive

It is better to ignore small problems Recognizing conflict can make it increase

Problems will work themselves out

Conflict is the result of bad management There are usually single, simple causes of conflict


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TYPES OF CONFLICT

Intrapersonal conflict

arises from within oneself.

E.g. a dilemma, a conflict resulting from guilt, or a

conflict between ones ''real'' self and the "ideal"

picture of himself/herself.

Interpersonal conflict

occurs between two or more people. it usually erupts over differing beliefs, psychological

needs, and/or resources.


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TYPES OF CONFLICT (2)

Intragroup conflict

arises within the context of a larger group but takes

place between two or more people.

E.g. people working together in support of a politicalcandidate may differ about the ways they want to run

the campaign.

The conflict is interpersonal (in that it's between two

or more people), but it's also a part of a single, largergroup. Intragroup conflict is complex to solve because

it's not merely a matter of satisfying the needs of the

two participants; you additionally are affecting all the

other members of this particular group


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TYPES OF CONFLICT (3)

Intergroup conflict arises out of conflict between two or more groups.

Gang warfare is a good example of intergroup conflict.

In this case, the participants of one group are unified

in their opposition with another group.


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ADVANTAGES OF CONFLICT

Diffuse more serious conflicts

Stimulate search for new facts or solutions Enhance relationships

Increase cohesiveness

Conflict should be managed not eliminated !


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DISAVANTAGES OF CONFLICT

Time consuming

Disrupts progress/ problem solving Detracts from job at hand

Keeps people apart; if unresolved

Poor quality, lowers productivity Reduces team effectiveness


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CAUSES OF CONFLICT (SOURCES)

a. objectives

b. necessities/needs

c. Interestsd. values

e. communication

f. power, status, role

g. not following the rules


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b. Conflicts caused by the

necessities / needs

MASLOWS HIERARCHY OF NEEDS


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c. Conflicts caused by the interests

NEEDS INTERESTS

NEEDS

fundamental and permanent

INTERESTS

passing and superficial

-------------------------------------

NEED real cause of the conflict

INTEREST expressed position over the conflict


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d. Conflicts caused by the values

Every person has its own value system

Different persons different values

The value is the main criteria to qualify a

situation or a person

Values govern all the activities


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e. Controversies caused by

communication

The absence of the communication

One of the parties does not tell to the other what

he/she feels or thinks regarding the object of the

dispute

The bad communication

The feelings or the thoughts are not expressed clearly,

completely and this leads to misunderstandings andinterpretations


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f. Conflicts caused by

power, status or role

self esteem is the affective component of self

image - our opinion about ourselves

The denial and minimization of ones

accomplishments and the systematic critics of

ones action can lead to conflict

The reaction of the criticized person depends on

the level of the self esteem


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g. controversies caused by not

following the rules

All kinds of human activities and behaviors aresubject to rules

Rules establish behavioral patterns in order tomaintain social order

Not following the rules leads to disrupting thesocial order and, as a consequence, to conflict


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ORGANISATIONAL CONFLICT


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HOW WE REACT TO CONFLICT

Avoidance

Denial Accommodation

Aggression

Compromise Collaboration


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a. Reaction to conflict

-Avoidance -

can be either positive or negative

avoidance is a good tactic when the issue is notthat significant to either of the parties.

It's a bad choice when one party is avoiding

simply because he/she is afraid of the

consequences or others' reactions.


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b. Reaction to conflict

- Denial -

is more intense than avoidance, since it means

not even recognizing that a conflict exists.

denial is rarely a useful tactic one party often

ends up deceiving herself/himself as well as

others


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c. Reaction to conflict

-Accommodation -

Accommodating is giving in, going along with thewishes of the other party even when one doesn'twant to.

Like other ways of dealing with conflict, it can beeither positive or negative.

It is wise not to accommodate on issues that aresignificant to you.

Giving in is only a useful tactic when you're notgoing to suffer serious physical or emotionalconsequences as a result.


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d. Reaction to conflict

-Aggression- Launching an attack usually is not productive, it does

little to preserve a relationship

"winning the battle, and losing the war

People who resort to aggression do not have a positive

view of conflict they think of conflict as a contest where there can be only one

winner

they think of conflict as a struggle between two sides, and onlytheir side is the right one.

An aggressive person is most likely afraid to listen to theother side because he might not be able to control theoutcome, and attempts to take control of the situationby forcing his will onto others. He may also be afraid ofsomeone thinking he is wrong.


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e. Reaction to conflict

- Compromise-

Compromise is an effective way to resolve a

conflict, but only if you are prepared to have

some, not all, of your needs met.

communicating the real needs is essential (e.g.

the mother-son conflict over the last orange)


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f. Reaction to conflict

- Collaboration -

Collaboration is the best way to solve a conflict

and preserve a relationship

When parties collaborate on a solution, they sit

down and treat each other as partners in the

problem

They listen to each other in order to define the

problem and clarify what each party's interestsare


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BASIC SKILLS FOR CONFLICT

RESOLUTION

1. Manage anger

2. Listen actively

3. Avoid assumptions

4. Find something on which to agree

5. Be cautious with criticism

6. Negotiate (more later!)

7. Get help


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CONFLICT PARTIES

it is important to identify all of the people

involved in the conflict, and their degree of

involvement

frequently the relatives of the parties involved

are part of the situation

sometimes people can be completely mistaken

about the source of the problems they haveattributed to some other individuals.


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a. Primary parties

are those who are in direct confrontation over

incompatible goals, and are in structural

positions such that they come into conflict with

each other

Husband/wife ; two neighbours ; employer /

employee etc.


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b. Secondary parties

Secondary parties are those who have an indirect

stake in the outcome of the dispute, but do not

feel directly involved.

Extended families are often secondary parties,

because they have an emotional investment in

the conflict, and are frequently involved insupporting their relations who are the primary

parties.


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ISSUES

it is crucial for the parties to be clear on what the

issues are

When the parties realize that they are in a

conflict, issues have usually proliferated from the

original cause of the dispute. This means that the

presenting problems may actually be symptomsrather than causes.


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ISSUES

Facts-based

Values-based

Interests-based

Relationship-based


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THE DYNAMICS OF CONFLICT

(STAGES)

0. No conflict

1. Latent conflict

2. Emergence3. Escalation

4. Hurting (Stalemate)

5. De escalation6. Settlement / Resolution

7. Post conflict Peacebuilding and Reconciliation


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Stage 1LATENT CONFLICT

It exists whenever individuals, groups, organizations,

or nations have differences that bother one or the

other, but those differences are not great enough to

cause one side to act to alter the situation. the seeds of conflict may exist for long periods of

time without actors being aware of them.

Sometimes, however, the conflict never emerges. Ifdestructive conflict has not yet emerged, steps can

be taken to minimize its potential - "conflict

prevention"


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Stage 2EMERGENCE

After a conflict has remained latent for sometime, if the underlying grievances or frustrations

are strong enough, a "triggering event" marks the

emergence or the "eruption" phase of the

conflict.


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Stage 3ESCALATION

an increase in the intensity of a conflict and in theseverity of tactics used in pursuing it

changes within each of the parties, new patterns ofinteraction between them, and the involvement of new

parties in the struggle more people tend to become involved

parties begin to make bigger and stronger threats andimpose harsher negative sanctions

Violence may start, or if violence has already occurred itmay become more severe and/or widespread as thenumber of participants involved in the conflict increases,and a greater proportion of persons engage in fighting


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Stage 4HURTING (STALEMATE)

Once conflicts escalate for awhile, they often reach a

stalemate: a situation in which neither side can win, but

neither side wants to back down or accept loss either.

Despite realizing that the conflict is going nowhere, it isoften difficult for parties to tranform the nature of the

conflict and consider a settlement.

Eventually, conflicts reach a point at which a sort of

equilibrium sets in, in which neither side is getting anycloser to achieving its goals and which no one is happy

with the situation.


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Stage 5DE-ESCALATION

(NEGOCIATION)

Conflict de-escalation and transformation are often also

associated with reduced grievances, at least for

members of one side. This change occurs as relations

between the adversaries change, in the course of thestruggle. Thus, some rights that one party sought may be

at least partially won, and that party's goals are then

accordingly softened.

Goals may then be recast so that they may be achievedwith reasonable means. They may even be recast so as to

provide mutual benefits for the opposing sides


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Stage 6SETTLEMENT

After de-escalation, neither side's new goals

include the destruction of its adversary.

If most or all of the underlying causes of the

conflict are finally remedied, the conflict may be

resolved permanently or at least for a long time.


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Stage 7POST CONFLICT

PEACEBUILDING AND RECONCILIATION

even after a settlement is reached and a peaceagreement is signed, this is by no means the end of theconflict.

at the peacebuilding stage, outside actors can play animportant role in monitoring the agreement anddemobilization efforts.

there are four aspects of reconciliation:

truth (coming to acknowledge there is some merit to the other

side's interpretation of events), justice (gaining redress as a means of putting the past to rest),

regard(forgiveness on the part of victims), and

security(expectations of peaceful coexistence)

C O CO C O


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THE EFFECT OF CONFLICT ON

ORGANIZATION PERFORMANCE


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Pray one hour before going to war,

Two hours before going to sea,

Three hours before getting married,

And four hours before going to court.

Indian Proverb


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PHASES OF MEDIATION

Basic stages or phases that most

mediations go through

Phases are guideposts about progress, but

do not have to occur in a specific order orat a specific time


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PHASE 1: ORIENTATION TO MEDIATION

AND INITIAL IDENTIFICATION OF ISSUES

help the parties understand what mediation is

and to provide them an opportunity to ask

questions about the process

identify the basic issues in the conflict so the

initial agenda can be set and the mediator can

determine whether mediation is appropriate in

this case


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OPENING COMMENTS

To accomplish the first purpose the mediator

makes an opening statement that explains

mediation and the mediators role in the

mediation


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THE OPENING STATEMENT

Introductions of the mediator and parties

Mediation is a voluntary process

Parties retain all decision-making control in the conflict

The mediator does not act as judge or fact-finder.

The goal in mediation is to help the parties constructivelymanage the conflict

Mediation is a confidential process (and what the limits ofconfidentiality are, if any)

A general overview of the mediation process (in terms of

general agenda) Questions to see whether the parties understand the process

In addition, some mediators like to include a discussion ofguidelines for behavior (e.g., no name calling, no interrupting,etc.).


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INITIAL IDENTIFICATION OF ISSUES

The mediator asks each party to briefly explainhis or her understanding of the conflict and what

needs to be addressed.

From this introduction, the mediator can identifythe basic issues, see where the parties differ intheir understanding of the conflict, and consideran agenda for this conflict.

COMMON PROBLEMS


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COMMON PROBLEMS

WITH PHASE 1

Parties express discomfort with the nature ofmediation.

Parties argue for positions or what has to be

done before issues are defined. The parties identify separate or mutually

exclusive agendas and there is no agreement onhow to proceed.

Parties are unable to discuss the conflict at allbecause of strong emotions.


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PHASE 2: UNDERSTANDING THE

PARTIES INTERESTS AND EMOTIONS

the discussion needs to move to

understanding the ways that parties see the

conflict. There are two strongly interrelated

aspects of this their interests, or underlyingconcerns, and their emotions, or how they

feel about the conflict and what it will take to

make it better for them.


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EXPLORING INTERESTS

An interest is an underlying concern that

someone has, usually a concern that

motivates them to argue for a particular

action, outcome or position.

COMMON PROBLEMS


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COMMON PROBLEMS

WITH PHASE 2

Parties are not ready to deal with the conflict

Parties are so distrustful they will not share

anything other than facts

Parties want to focus only on the solutions

without discussing their view of the conflict

Parties insist the other see it their way


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PHASE 3: GENERATING OPTIONS

In many cases the parties want to move beyond

understanding the conflict and work toward

agreeing on some action or orientation to the

relationship. Some people think of this as

problem-solving, but we adopt a broader

perspective. We think of it in terms of optionsfor making the situation better.


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BRAINSTORMING

Brainstorming (putting forth ideas without

criticizing them).

The parties then create a pool of possible

options.

The parties clarify options if there is some

confusion.


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COMMON PROBLEMS IN PHASE 3

The party needs professional therapeutic help

Parties are psychologically unable to

disconnect from their positions

Offers are antagonistically rejected by the

other.

Options are extreme and unworkable.

Parties are unwilling to propose any options.

Parties are pessimistic about all options.

PHASE 4: ASSESSING OPTIONS AND


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PHASE 4: ASSESSING OPTIONS AND

DECIDING ON ACTIONS

In this phase, the parties talk about the worth

and feasibility of the options that have been

generated and discussed. Then, they decide on

actions.


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SELECTION PROCESS

The selection process involves discussing the

criteria for acceptable options (these come from

explored interests and facilitated reappraisals).

Then options are selected based in how well they

meet those criteria.


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FLEXIBILITY

There can be several options that are selected

There can be options that are joint and

individual.

There can be options that are immediate or

future.

There can be options that are incrementally

enacted. There can be options that are piloted pending

final agreement.

COMMON PROBLEMS


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COMMON PROBLEMS

WITH PHASE 4

The most common problem is that parties are

unwilling to make decisions, either individually or

jointly.

Parties want to force the other to see the

relationship a certain way.

Parties are unwilling to commit to specifics in

terms of joint action and decision.


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THE COST OF CONFLICT

- Over 65% of performance problems result from strainedrelationships rather than skill or motivation problems

- The amount of managerial time spent dealing withconflict was 30% in 1976 and 42% in 1996 AND 54% in

2006- Amount of time wasted during conflict can be as high as

50% of gross salary, defending, avoiding & venting

- Chronic unresolved conflict is a decisive factor in 50% of

people leaving, and 90% of involuntary terminations- Projected costs should include estimates of wastedtime, reduced decision quality, loss of skilledemployees, restructuring, sabotage, loweredmotivation, lost work time, and health costs, loss of

innovation & initiative.

THE ADVANTAGES OF ALTERNATIVE


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THE ADVANTAGES OF ALTERNATIVE

DISPUTE RESOLUTION The most telling obstacle to pursuing alternative

dispute resolution may simply be inexperience-

the fear of any process with which one is

unfamiliar.

Therefore the first step in selling alternative

dispute resolution to the other side is education:

reviewing the primary advantages of alternativedispute resolution over litigation and examining

how they apply to the case at hand.


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a. PROMPTNESS OF RESOLUTION the congestion and inefficiency of many court

systems

instead of dealing with judges with little

knowledge of, or interest in cases, parties in anmediation proceeding are assured of theundivided attention of a neutral who is focusedon having a continuous process and a prompt

disposition years-long litigation vs. days/weeks long

mediation


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b. CERTAINTY OF RESOLUTION A judicial decision on the merits is frequently an

all-or-nothing resolution and is always the

proverbial roll of the dice, even if a party feels it

has the best facts, law and counsel.

Early and prompt dispute resolution can

eliminate this risk the parties know what theresult of their compromise will be

c CREATIVE BUSINESS-DRIVEN


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c. CREATIVE BUSINESS-DRIVEN

SOLUTIONS TO LEGAL PROBLEMS the parties have the ability to fashion win-win

resolutions reflecting business objectives and

priorities rather than relying on a court whichmay decide based upon more technical or narrowissues.

parties can and often do go beyond the particulardispute at issue to resolve broader concerns.


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d. SUBSTANTIAL COSTS SAVINGS

Early settlement can reduce litigation expense

most significantly

Also there are other kinds of costs relationship,

productivity etc


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e. ACCESS TO A NEUTRALEXPERT judges rarely have experience in some specific,

practical matters

this makes it much easier and quicker to choose aneutral expert

it enables counsel and the parties to be able tosave valuable time

e FLEXIBILITY AND CONTROL


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e. FLEXIBILITY AND CONTROL

BY THE PARTIES

The parties and their counsel are free to choosean alternative dispute resolution procedurewhich they agree is most suitable to their

situation, time frame and more intangible factorssuch as their corporate or individual personalities

The parties and their counsel then have the

ability to tailor and refine the particularprocedure chosen so that it fits their needs andpreferences.

f IMPACT ON MANAGEMENT


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f. IMPACT ON MANAGEMENT

OF THE BUSINESS While mediation requires some concentrated time and

attention from management, the amount expended will

pale in comparison to the intrusion of full-blown

litigation into the real business activities of the parties

Litigation is draining not only to management and in-

house counsel, who surely have better things to do, but

its potential adverse consequences may be reportable toshareholders, potential acquirers of a company, or

financing institutions, etc


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g. PRIVACY AND CONFIDENTIALITY Mediation can allow for privacy in resolving a

dispute, thus avoiding a public record and

judgment and thereby minimizing the potential

impact on other or future disputes. Quite importantly, the appropriate mediation

agreement can minimize disclosure of

embarrassing or sensitive confidential businessinformation.

h PRESERVATION OF


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h. PRESERVATION OF

BUSINESS RELATIONSHIPS

This is clearly relevant in those situations where

mediation arises from an outstanding contractual

relationship.


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QUESTIONS..

AND

THANK YOU !

mediation of organisational conflicts

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