negotiation – conflict resolution 1 conflict resolution a core leadership attribute seminar on...

68
Negotiation – Conflict Resolution 1 Conflict Resolution A Core Leadership Attribute Seminar on Negotiation Created By: Gus M. Garmel, MD, FACEP, FAAEM Clinical Professor, Department of Surgery Co-Program Director, Stanford/Kaiser Emergency Medicine Residency Stanford University, Palo Alto, California Tenet Editor: Barbara Blok, MD, FACEP Assistant Director, Denver Health Residency in Emergency Medicine University of Colorado School of Medicine, Aurora, Colorado

Upload: debra-turner

Post on 24-Dec-2015

221 views

Category:

Documents


0 download

TRANSCRIPT

Negotiation – Conflict Resolution 1

Conflict ResolutionA Core Leadership Attribute Seminar on Negotiation

Created By:Gus M. Garmel, MD, FACEP, FAAEM

Clinical Professor, Department of SurgeryCo-Program Director, Stanford/Kaiser Emergency Medicine Residency

Stanford University, Palo Alto, California

Tenet Editor:Barbara Blok, MD, FACEP

Assistant Director, Denver Health Residency in Emergency MedicineUniversity of Colorado School of Medicine, Aurora, Colorado

Negotiation – Conflict Resolution 2

Negotiation – Conflict Resolution 3

Negotiation – Conflict Resolution 4

Course of Conflict

Stalemate

Communication Failures & Conflict

Escalation

Negotiation & Conflict Resolution

Time

Inte

nsi

ty

Negotiation – Conflict Resolution 5

Outline

• Definitions & Relevance• Types & Factors of Conflict• Conflict Resolution

– Keys & Principles– Barriers

• The Art of Communications• Process of Negotiation

Negotiation – Conflict Resolution 6

Conflict

• Any situation where incompatible activities, feelings, or intentions occur together.

• A competitive or opposing action of incompatibles; an antagonistic state of action (divergent ideas, interests, or persons).

• Mental struggle resulting from incompatible or opposing needs, drives, wishes, or external or internal demands.

DEFINITION

Negotiation – Conflict Resolution 7

Conflict Resolution

• A range of processes aimed at alleviating, eliminating, or resolving conflict or its sources.

• The methods and process of negotiation, arbitration, and institution building which promote the peaceful ending of social conflict and war.

DEFINITION

Negotiation – Conflict Resolution 8

Negotiation

• A dialogue intended to:

– Resolve disputes

– Agree upon course of action

– Bargain for advantages

– Satisfy various interests

DEFINITION

Negotiation – Conflict Resolution 9

RelevanceModel of the Clinical Practice of Emergency Medicine*

*Created through collaboration of ABEM, ACEP, CORD, EMRA, RRC-EM, and SAEM

COMMUNICATION AND INTERPERSONAL SKILLS ISSUESComplaint ManagementConflict ResolutionInterdepartmental and Medical Staff RelationsTeam BuildingTeaching

Negotiation – Conflict Resolution 10

Relevance- For Emergency Medicine

• Conflict is often outcomes-driven and not process-driven

• Physicians are typically goal-oriented– EPs want to win & desire control– EPs focus on immediate outcomes (want

things to happen now)• great for patients• challenging for administrators/consultants

Negotiation – Conflict Resolution 11

Relevance- For Emergency Medicine

• Salaries & Schedules• Positions & promotions• Patient care• Interpersonal interactions• Medical legal protection• Professional satisfaction • Career security

Negotiation – Conflict Resolution 12

Relevance- Example

An emergency RN will not perform a certain task you have requested because she doesn’t feel it is necessary. You are a good clinician, but you have a reputation in your ED as being “difficult.”

E G

Negotiation – Conflict Resolution 13

Relevance- Example

76 year old female who doesn’t feel well is brought to the ED by her adult son. Her entire work-up is negative, but the son wants her admitted, despite no medical nor social indication.

E G

Negotiation – Conflict Resolution 14

Relevance- Example

A consultant doesn’t think that he needs to see the patient you are calling about at 1 AM. You don’t know this individual, but you’ve heard he is not well-liked by your colleagues.

E G

Negotiation – Conflict Resolution 15

Conflict is Inevitable

Negotiation – Conflict Resolution 16

Why Do We Conflict?

• Personal differences

• Information deficiency

• Role incompatibility

• Environmental stress

Negotiation – Conflict Resolution 17

Types of Conflict

• Intrapersonal

• Interpersonal

• Intragroup

• Intergroup

Negotiation – Conflict Resolution 18

Types of Conflict- Intrapersonal conflict

• Conflict within• Example

– Conflict in dealing with a particular type of patient

Negotiation – Conflict Resolution 19

Negotiation – Conflict Resolution 20

Types of Conflict- Intragroup conflict

• Conflict between individual group members

• Example– Your colleague always grabs the sickest

patients and major resuscitations

Negotiation – Conflict Resolution 21

Types of Conflict- Intergroup conflict

• Conflict between 2 groups of people

• Example– Who performs the ED thoracotomy in a

trauma resuscitation (EM vs. Surgery)

Negotiation – Conflict Resolution 22

Types of Conflict- Interpersonal conflict

• Conflict between 2 persons• Example

– Conflict with a patient’s family member or nurse

Negotiation – Conflict Resolution 23

Factors in Conflict

• Personal Attributes

• Gender

• Ethnicity/Culture

Negotiation – Conflict Resolution 25

Factors in Conflict- Personal Attributes

• Keirsey’s 4 Temperaments

Negotiation – Conflict Resolution 26

Factors in Conflict- Personal Attributes

• Keirsey’s 16 Categories

ARTISAN GUARDIAN IDEALIST RATIONAL

Promoter Supervisor Teacher Field marshal

Crafter Inspector Counselor Mastermind

Performer Provider Champion Inventor

Composer Protector Healer Architect

Negotiation – Conflict Resolution 29

Factors in Conflict- Gender

Negotiation – Conflict Resolution 30

Factors in Conflict- Gender

Negotiation – Conflict Resolution 31

Factors in Conflict- Ethnicity & Culture

• Language• Behavior nuances• Negotiation style• Passion• Tempo• Culture• Custom

Negotiation – Conflict Resolution 32

Conflict Resolution

How do we get there?

Negotiation – Conflict Resolution 33

Conflict Resolution- The keys & principles

• Gain insight

• Truth always

• Seek wisdom

• Never criticize

• Offer assistance

Negotiation – Conflict Resolution 34

Conflict Resolution- The keys & principles

* Garmel GM. Conflict Resolution in EM. In Adams Emergency Medicine (Elsevier), 2008.

Negotiation – Conflict Resolution 35

Conflict Resolution- The keys & principles

* Garmel GM. Conflict Resolution in EM. In Adams Emergency Medicine (Elsevier), 2008. Adapted from Ahuja J, Marshall P. Conflict in the emergency department: Retreat in order to advance. Can J Emerg Med 2003;5:429-433.

Negotiation – Conflict Resolution 37

Conflict Resolution- Barriers

• Preformed judgments• Poor communication skills• Cultural/gender barriers• Lack of understanding of both sides• Not possessing the right skill set• Not understanding negotiable vs. non-

negotiable• Pride

Negotiation – Conflict Resolution 38

Conflict Resolution- Barriers

• Cynicism• Criticism• Comparing• Competing• Complaining• Contending

Negotiation – Conflict Resolution 39

Conflict Resolution- Pearls

• Plan ahead for all possible outcomes• Know related policies &procedures• Respect your primary responsibilities

& obligations• Seek to Gain consensus, not to prove a

point• Recognize that the truth lies

somewhere in the middle

Negotiation – Conflict Resolution 40

Negotiation – Conflict Resolution 41

Negotiation – Conflict Resolution 44

Negotiation – Conflict Resolution 45

The Art of Communication

Effective Communication is essential for

Conflict Resolution

Negotiation – Conflict Resolution 46

The Art of Communication

• Avoid (Obvious) Pitfalls– I’m the attending!– Because I said so!– I’m right! (or, You’re wrong!)– My way is the only way!– You’re just a … nurse/tech/NP/internist!– You’re an XXXXX !

Negotiation – Conflict Resolution 47

The Art of Communication

Strive to find mutual understandings– I can see your point, but I don’t feel you are

considering mine.– Let’s discuss this a bit more from the patient’s

perspective.– I’ve always respected (appreciated) your…– It seems that we disagree, which is fine, but I’m

just not comfortable with…

Negotiation – Conflict Resolution 48

The Art of Communication- Effective vs. Ineffective

Effective• Smile• Eye contact• Avoiding emotion• Active listening• Concentration• Attention• Focused

Ineffective• Snarl• Arms across chest• Finger pointing• Pacing• Distracted• Inattention• Disengaged

Negotiation – Conflict Resolution 49

The Art of Communication

Negotiation is the art of letting them have your way.

- Daniel Vare

Negotiation – Conflict Resolution 50

The Art of Communication

Let us never negotiate out of fear - But let us never fear to negotiate.

- President John F. Kennedy

Negotiation – Conflict Resolution 51

Process of Negotiation- The definition revisited

• Negotiation is a dialogue intended to:– Resolve disputes

– Agree upon course of action

– Bargain for advantages

– Satisfy various interests

Negotiation – Conflict Resolution 52

Process of Negotiation- Objectives

• Mutually satisfactory structure• Executed agreement• Lasting and mutually beneficial

relationship• Comfort with process and outcome• Accounts for feelings

Negotiation – Conflict Resolution 54

Process of Negotiation- Outcomes

Win/Lose

Win/Win Lose/Win

Lose/Lose

I Win

I Lose

YouWin

YouLose

Negotiation – Conflict Resolution 55

Process of Negotiation- Steps to success

• Have a plan• Broad to narrow• Actively listen & learn• Take notes• Unbundle issues• Paraphrase don’t parrot

Negotiation – Conflict Resolution 56

Process of Negotiation- Timeline

• Initial - assess situation, gather information (from multiple sources), establish trust, build the relationship

• Middle - patience, gather facts, consider counteroffers, mutual concessions

• End - accept, get mediator, walk away, follow-up, be gracious and complementary

Negotiation – Conflict Resolution 57

Process of Negotiation- Responses

Negotiation – Conflict Resolution 58

Process of Negotiation- Styles

Negotiation – Conflict Resolution 59

Process of Negotiation- Principled negotiation

• An interest-based approach to negotiation focusing primarily on conflict management and conflict resolution.

• Uses an integrative approach to find a mutually shared outcome

Negotiation – Conflict Resolution 60

Process of Negotiation

Focus on the issues, not positions

Negotiation – Conflict Resolution 61

Process of Negotiation- BATNA?

• Best Alternative To a Negotiated Agreement (BATNA)

• What will happen if negotiations fail?– Your course of action– Their likely course of

action

Negotiation – Conflict Resolution 62

Process of Negotiation- BATNA

• Develop your BATNA and attempt to determine theirs

• Only reveal your BATNA if it is better than theirs

• Consider accepting terms when their proposal is better than your BATNA

• Reject terms when their proposal is worse than your BATNA

Negotiation – Conflict Resolution 63

Process of Negotiation - Barriers

• Emotions– Fear & Anger

• Difficult Questions

• Difficult Personalities

• Complex Situations

Negotiation – Conflict Resolution 64

Process of Negotiation - Barriers: Emotions

Fear is like fire. If controlled it will help you; if uncontrolled, it will rise up and destroy you. Men's actions depend to a great extent upon fear. We do things either because we enjoy doing them or because we are afraid not to do them.

- John F. Milburn

Negotiation – Conflict Resolution 65

Process of Negotiation - Barriers: Difficult Questions

• Defer

• Deflect

• Delay

• Decline

Negotiation – Conflict Resolution 66

Process of Negotiation - Barriers: Difficult Personalities

• Often unavoidable • May result in or escalate conflict• Individual may have a position of

authority• Strategies

– Don’t reciprocate/stay positive– Deal only with YOU– Take a “surprising” step

Negotiation – Conflict Resolution 68

Process of Negotiation - Barriers: Complex Situations

• Repeat over time• Multi-issue• Multi-party• Intangible factors• Intra-organizational• Tangible factors

Negotiation – Conflict Resolution 70

Process of Negotiation- Pearls

• Find (and point out) common ground• Understand your counterpart’s

perspective• Work to shape their decision• Allow the other side to “save face”• Get them to think it was their idea!

Negotiation – Conflict Resolution 71

Process of Negotiation- When You Need Help

• Seek assistance from a trusted colleague or supervisor

• Refer to hospital bylaws and policies• Contact Human Resources• Call in mediator (or arbitrator)• Walk away• Don’t bring it home

Negotiation – Conflict Resolution 73

Summary Points• Conflict is inevitable• Do your homework• Identify personal attributes• Avoid emotional investment• Listen carefully to what is said• Don’t burn bridges• Understand your BATNA (and theirs)• Practice principled negotiation

Negotiation – Conflict Resolution 74

Final Remark

Successful conflict resolution can be challenging because it has so many elements and possibilities, yet it undeniably plays a large role in an emergency physician’s daily and career activities.

Negotiation – Conflict Resolution 75

National Residency Leadership CurriculumQuestions?

????

Negotiation – Conflict Resolution 76

National Residency Leadership CurriculumSpecial Thanks!

Funded By:An American College of Emergency Physicians Chapter Grant

Endorsed By:American College of Emergency Physicians

Emergency Medicine Council of Residency DirectorsEmergency Medicine Resident’s Association

Society for Academic Emergency Medicine

Negotiation – Conflict Resolution 77

National Residency Leadership CurriculumSpecial Thanks!

Senior Editors:Stephen Wolf, MD, FACEP

Andrew French, MDMatthew Mendenhall, MD, MPH

Tenet Editors:Britney Anderson, MD

Barbara Blok, MD, FACEPJeffrey Druck, MD, FACEP

Maria Moreira, MDLee Shockley, MD, MBA, FACEP

Administrative Editor:Barbara Burgess

Negotiation – Conflict Resolution 78

National Residency Leadership CurriculumThank You!

For More Information Please Visit:www.DenverEM.org www.CoACEP.com