INTRODUCTION TO CONFLICT RESOLUTION AND PRIMARY DISPUTE RESOLUTION

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INTRODUCTION TO CONFLICT RESOLUTION AND PRIMARY
DISPUTE RESOLUTION

• Dr Helen Cleak

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Aims for these 2 lectures are to

• To better understand the skills and knowledge of
  conflict resolution practice-not all new as it
  borrows from a range of other frameworks around
  communication and empowerment models
• To learn about the various models of dispute
  resolution which could be helpful for your own
  practice in casework, teamwork or use in
  supervision and management role
• To become familiar with the mediation model as an
  alternative intervention/referral in conflict
  situations
• To look at the WIN-WIN model and assertiveness as
  models to use and practice

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CONFLICT

• Conflict when a person perceives a difference in
  their interests to another person and believe
  that these interests cannot be satisfied at the
  same time.

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Sources of conflict

• Organisational
• Cultural
• Interpersonal
• Intrapersonal
• (Cleak and Wilson (2004, p145).

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Understanding Conflict

• What can happen when conflict is not handled
  well?
• Tension
• Stress
• Unresolved problems
• Difficult relationships
• Anxiety
• Resentment
• Ill-health

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Understanding Conflict

• What can happen when conflict is handled
  constructively?
• Relaxation
• Openness
• Productivity
• Empowerment
• Sense of achievement

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4 main sources of conflict

• Personal differences (focuses on perceptions and
  expectations)
• Poor information processes (focuses on
  misinformation and misrepresentation)
• Role incompatibility (focuses on goals and
  responsibilities)
• Environmental stress (focuses on resources and
  conditions)

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CRISIS OR OPPORTUNITY

• Most people see conflict as a negative thing due
  to the uncomfortable or stressful emotions that
  generally accompany the emergence of any
  confrontation.
• Rethinking the problem-solving starts by
  questioning the premise that conflict needs to be
  viewed as a problem.
• Conflict is a positive and necessary phenomenen
  as it enhances understanding and an opportunity
  for moral growth and transformation

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HOW DO WE BEHAVE IN CONFLICT

• By exploring our responses to conflict, we can
  identify how our messages and perceptions may
  influence this process

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Emotion and Conflict

• Conflict is emotionally defined.
• Conflict involves an ongoing level of emotional
  intensity which may fluctuate.
• Emotions morally frame conflict.
• Emotions reflect identity issues that impact
  conflict.
• Emotion impacts relational conflict. Emotions are
  influenced by and influence 2 key relational
  elements-power and status.

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The Communication of Emotion

• Emotions are expressed
• Physiologically-this is the felt aspect of
  emotions
• Behaviourally-which communicates to others how we
  feel (expressive)
• Cognitively- we become emotional or experience
  emotion when we have made a cognitive assessment
  or evaluation of a situation-even if you are not
  aware of making the assessment.

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• ALL NEGATIVE EMOTIONS ARISE FROM APPRAISALS THAT
  THE EVENT/SITUATION IMPACTS ON PERSONAL GOALS IN
  A WAY THAT MADES IT HARDER FOR ONE TO ACHIEVE
  THOSE GOALS

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Emotion and Conflict

• As well as exploring how we observe emotions in
  ourselves, we have to try to manage such emotions
  in others In order to take ownership of conflict
  that may be occurring, you need to be mindful of
  the factors that may influence the conflict-
• you, others and the context.

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WHY DO WE BEHAVE IN CERTAIN WAYS IN CONFLICT

• Habit
• Learnt behaviour
• Belief systems
• Differences due to context, relationship,
  significance, mood

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5 conflict-resolution strategies

• Avoidance
• Accommodation
• Forcing
• Compromise
• Collaboration
• Robbins and Hunsaker (1996) Training in
  Interpersonal Skills, Prentice-Hill, New Jersey,
  Chapter 12)

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3 reactions

• Attack
• Immobilization or
• flight.

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EXAMPLES OF FIGHT

• VERBAL OR PHYSICAL ABUSE
• MANIPULATION
• REFUSING TO LISTEN
• SULKING

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WHAT ARE THE MAIN MESSAGES

• IM RIGHT/YOUR WRONG
• BLAMING
• PUNISHMENT
• TO THREATEN
• IM O.K/YOURE NOT

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EXAMPLES OF FLIGHT

• SULKING
• CRYING
• AVOIDING
• GIVING IN
• IGNORING

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WHAT ARE THE MAIN MESSAGES

• IM WRONG/YOURE RIGHT
• AVOIDING CONFLICT
• MAINTAIN PEACE
• TO LET THE OTHER PERSON WIN
• IM NOT O.K/YOU ARE

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ARM EXERCISE

• FIGHT
• I win/you lose

• FLIGHT
• I lose/you win

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• FIGHT
• I win/You lose
• Aggressive
• Hard on the person
• Hard on the issue

• FLIGHT
• You win/I Lose
• Passive
• Soft/Hard on the person
• Soft on the issue

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INTERPERSONAL BEHAVIOURAL RESPONSES

• Consider the different types of behaviours we
  choose in different settings
• To identify the behavioural style we frequently
  use
• To understand behavioural styles that are
  different to ours

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DIRECT

• NEEDS
• Results
• Recognition
• Challenges

• FEARS
• Challenges to their authority
• Lack of results from others

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CONSCIENTIOUS

• NEEDS
• High standard
• Appreciation
• Quality of work

• FEARS
• Criticism of work
• Imperfection
• Not having things adequately explained

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STABILISING

• NEEDS
• Security
• Acceptance
• Teamwork

• FEARS
• Isolation
• Standing out as better or worse
• Unplanned challenges

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INFLUENCING

• NEEDS
• Change
• Acknowledgement
• New trends and ideas

• FEARS
• Disapproval
• Stagnation
• Detailed work

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CREATIVE RESPONSES TO CONFLICT

• Creative responses are about turning problems
  into challenges. Looking for the opportunity in
  conflict helps us shift from fixed positions and
  to consider a broader range of options.
• WIN/WIN MODEL

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Principles of a Win/Win Approach

• Story of the orange
• Moral of the story
• Find out what each other wants/needs
• Needs first/Solutions later

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ASSERTIVE BEHAVIOUR

• I win/you win
• Soft on the person/hard on the issue
• There must be a way to solve this
• To make sure everyone is satisfied
• Im O.K./youre O.K.
• Remember that a WIN/WIN approach does not
  guarantee a WIN/WIN outcome

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WIN/WIN is not COMPROMISE

• Why do you compromise?
• What are some of the disadvantages?
• Simplest, fairest
• At least both parties get something

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Benefits of the WIN/WIN Approach

• Elicits commitment from people
• Encourages creativity
• Results in good solutions
• Focuses on problem solving rather than fighting

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WIN/WIN

• Need to understand your positions and interests
• POSITIONS a preferred solution
• INTERESTSthe reasons the solution was chosen
  they lie behind positions

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ASSERTIVE BEHAVIOUR

• NOT EVERYTHING THAT IS FACED CAN BE CHANGED BUT
  NOTHING CAN BE CHANGED UNTIL IT IS FACED
• (JAMES BALDWIN)

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People express and respond to conflict

• By acting non-assertively
• This may look like passivity (avoidance,
  accommodation),
• aggression (attack, put downs, domination)
• or assertively.

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Understanding Assertiveness

• A-ACTIVATING EVENT
• C-RESULTANT BEHAVIOUR
• B-YOUR THINKING ABOUT THE SITUATION WHICH MAY BE
  RATIONAL OR IRRATIONAL

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IRRATIONAL BEHAVIOUR

• YOU MUST HAVE SINERE LOVE AND APPROVAL ALMOST ALL
  THE TIME FORM ALL OF THE PEOPLE YOU FIND
  SIGNIFICANT
• YOU MUST PROVE YOURSELF THOROUGHLY COMPETENT,
  ADEQUATE, AND ACHIEVING
• YOU HAVE TO VIEW LIFE AS AWLFUL, TERRIBLE,
  HORRIBLE OR CATASTROPHIC WHEN THINGS DO NOT GO
  THE WAY YOU WOULD LIKE
• PEOPLE WHO HURT YOU ARE GENERALLY RATED AS BAD,
  WICKED AND YOU SHOULD SEVERELY BLAME AND PUNISH
  THEM
• IF SOMETHING SEEMS DANGEROUS OR FEARSOME, YOU
  MUST BECOME TERRIBLY OCCUPIED WITH IT
• EMOTIONAL MISERY COMES FROM EXTERNAL PRESSURES
  AND YOU HAVE LITTLE ABILITY TO CONTROL YOUR
  FEELINGS AND RID YOURSELF OF DEPRESSION AND
  HOSTILITY
• YOU WILL FIND IT EASIER TO AVOID FACING MANY OF
  LIFES DIFFICULTIES AND SELF-RESPONSIBILITIES
  THAN TO UNDERSTAND MORE REWARDING FORMS

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• WHAT ARE YOUR RIGHTS?

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POWERLESS LANGUAGE

• HEDGES Im kinda disappointed..?
• HESITATIONS I wish you would..or..could.. be on
  time
• INTENSIFIERS So thats how I feel..
• POLITE FORMS Excuse me, sir.
• TAG QUESTIONS Its about time we got started
• DISCLAIMERS I probably shouldnt say this, but

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• People often frame their statements in language
  that is toxic, by taking an adversarial stance or
  by couching their statements in attitudinal
  terms.
• Reframing is about uncovering the need
  underlying the statement and changing the frame
  through which one person views the other by
  de-personalising the issue being presented.

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• Reframing occurs when you restate what someone
  has said so they can see the problem from a
  different perspective.This happens when you
• neutralise what has been said (detoxify)
• put a series of statements into a logical
  sequence
• restate the issues in more general terms
• summarise or paraphrase.

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A model to give an assertive message

• A behavioural description of the behaviour in
  question
• Your interpretation of the other persons
  behaviour
• A description of your feelings
• A description of the consequences
• A statement of your intentions
• (Adler and Rodman, 2003)

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Practice Issues at the Micro, Messo and Macro
levels

• Conflict resolution/dispute resolution is part of
  what social workers do in a range of practice
  settings
• Therefore it involves knowledge, skills and values

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Practice issues

• Disputes between staff
• Disputes between clients/families/organisations
• Is used as a theoretical model for a range of
  interventions used in individual/ family and
  community disputes

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EXAMPLES

• Dispute resolution centres
• Equal opportunity commission
• Discrimination commission
• Family mediation
• Industrial mediation
• Child protection mediation
• Legal mediation

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Primary Dispute Resolution Processes

• JUDICIAL
• ARBITRATION
• NEGOTIATION
• CONCILIATION
• MEDIATION
• COUNSELLING
• EDUCATION

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• Settling the Dispute COURT
• Managing the Dispute MEDIATION
• Resolving the Dispute THERAPY

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Ways of Resolving Disputes

• Power based
• Rights based
• Interest based

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WIN-WIN MODEL OF CONFLICT RESOLUTION

• PRINCIPLED NEGOTIATION
• FISHER AND URY from the Harvard School.

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• Dispute Resolution may be
• Distributive or Competitive-the fixed pie
• Integrative or Collaborative- potentially
  expansive resources

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• Need to understand your positions and interests
• POSITIONS a preferred solution
• INTERESTSthe reasons the solution was chosen
  they lie behind positions

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• Procedural mediator defines the process by
  which a decision is made
• Substantive mediator defines specific tangible
  exchanges that may result from the discussions

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Fisher and Ury PRINCIPLED NEGOTIATION

• Separate People from the Problem
• Focus on Interests/Not Positions
• Invent Options for Mutual Gain
• Insist on Using objective criteria

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MEDIATION

• In mediation, parties are encouraged to put aside
  positions and encourage a willingness to
  negotiate. But if entrenched, use conciliation
• The presence or absence of trust
• There must be a balance of bargaining ability
  between the parties
• Some ability to focus on the needs of the child
  and some functional behaviour

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MEDIATION STORIES

• The Oppression Story-a tool that allows the
  strong to oppress the week
• The Satisfaction Story-encourages a win-win
  resolution
• The Transformative Story- mediation is not to
  solve the problem but to help transform the
  individuals involved

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MEDIATION is facilitative negotiation

• Does not explore the underlying cause of the
  separation
• Does not allow for the ventiliation of the
  emotions
• Does not try to build a relationship with the
  parties
• Uses different interviewing techniques e.g.
  closed questions for concreteness and open
  questions to get at interests
• Controls the process but not the content
• Neutrality of the mediator
• Tries to ensure a fair and balanced process
• Models respectful behaviour and communication to
  the parties

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The mediators role

• Focus on process rather/than content
• Get the parties to define their basic wants and
  needs and goals
• Avoid putting forward proposals or giving advice
• Avoid conflict between the mediator and the
  mediated

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• Less common reframes
• Matching Speaker language patterns if you do
  not know intially neutral expressions do you
  understand or do you know? Speakers will
  respond in their preferred system visual,
  auditory, kinaesthtic, gustatory, olfactory (your
  words do not need translation and your message
  is received immediately). For example visual I
  see what you mean auditory You can say that
  again kinesthetic I have a hunch
• Eye profile linguistic work.
• Micro to macro macro to micro Macro thinkers
  general feedback micro thinkers- begin with
  small chunks of information.

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• Similarity or difference? What is the
  relationship between your job now and a year ago?
  Does the person talk about what is the same or
  what is different reframing in the same style
  can be important. Those who perceive similarity
  may say better, slower or worse eg I am
  working in the same area but I have more
  responsibility. Those who perceive diiference
  might say I have a brand new position, but I am
  still working in marketing