Conflict Resolution Principle techniques.pptx

Conflict resolution

1. Conflict and Peace Studies Mid-western Universtiy Surkhet , Nepal Lecture by: Kamal Raj Lamsal Conflict Resolution Method CAPS 514

2. Mediation Mediation is one of the non-violence method for dispute resolution. Mediation brings parties together; the real issues in the dispute become clear as well as resolve issues and avoid the escalation of conflict . Furthermore in mediation, we can build a sense of what the issues are, learn the problems, explore possible options for resolution, and make informed decisions whether or not resolving at that time or moving on is the best outcome for that matter . Mediation also known an attempt to settle a dispute using a neutral third party.

3. Mediation Mediation offers an opportunity for all the parties, "win-win" results. It is fair, cost-effective, and confidential. Mediation encourages flexibility and allows participants to find solutions that meet their needs (In many countries, the law provides a special rule of confidentiality for Mediation). Mediation helps to the parties concentrates on problem solving rather than keep fighting.

4. Fields to Mediation Family (family businesses, financial distribution and spousal support, separation, child custody, dispute between parents and adult children, eldercare issues, divorce). Workplace (wrongful termination, discrimination, harassment, grievances, labor issues).

5. Fields to Mediation cont.. Public disputes (Environmental, real-estate issues: landlord/tenant, builders/contractors, contracts agreement, any partnership company, non-profit organization, consumers and service/business entrepreneurs’ relation, among the youth, any types of violence). On-line mediation. Mediation in business and commerce. Communities mediator.

6. Fields to mediation cont… Further more, inter-personal, inter-groups, ethnics , ideology, inter-religion, among the different countries with different context (international).

7. Job/role of Mediator Mediator as a Facilitator/Mediator as a Reconciliator . Mediator as a Educator/transformative perspective. Mediator as a Resource expander/translator. Mediator explain all the producer and educate the parties on the process, (such as established a behavior guidelines). Mediator Keep in track parties’ communication. Mediator understand all the parties, (issues and desire). Mediator may convey information from one group to another, (only with party approval). Mediator narrows differences between the parties. Mediator helps the parties find their own solution not imposing a decision.  

8. Job/role of Mediator Mediator facilitates between the disputant parties and encourages them to enter into a confidentiality agreement. Mediator encourages the participants to record them in an enforceable summary format, with formal legal documentation to follow, (when agreements are reached).

9. Mediation Skills Understanding each participant’s perspective through a pre-caucus. Increasing and evaluating participant’s interest. in solving the challenge through mediation. Setting ground rules for improved communication. Coaching participants through the joint session. Equalizing power (e.g., between persons in different organizational levels). Helping participants plan for future interaction.

10. Mediation Skills cont.. Roles for third parties in mediation. Conditions under which mediation is useful. Strategies for mediators. Assessing effective mediation. Role of third parties in consensus building. Mediators are always guided by; impartiality/neutrality/empathy/confidentiality/persistence and patience as well as effectiveness as a questioner. Mediator should have specific knowledge about the subject area.

11. Mediation skills cont… Restatement Paraphrase (reframing) Active listening Summarization Expansion (expanded and elaborated form and verify accurate perception) Ordering/requesting Structuring (arranging party’s thoughts and speech into a coherent message) Separating or fractionating (divide an idea/issue into smaller component part) Generalization (identify general points) Probing question (open-ended or focused question to encourage the parties) Questions of clarification (clarification of particular points)

12. Mediation skills/defining problem, (Moore, The Mediation Process )

13. Relationship conflicts Conflicts are caused by Strong emotion Misperception Poor communication Miscommunication Repetitive negative behavior Possible interventions Control expression of emotion Clarify perceptions and build positive perception Improve quality and quantity of communication Block negative repetitive behavior Positive problem solving attitudes

14. Data conflicts Conflicts are caused by Lack of information Misinformation Different views on the relevant Different interpretation of data Possible interventions Reach an agreement what data are important and agree on process to collect as well as develop common criteria Use experts to gain outside opinion

15. Interest conflicts Conflicts are caused by Competition over substantive interests Procedural interests Psychological interests Possible interventions Focus on interests, not position Look for objective criteria Develop solutions that address needs of all parties Search more options to satisfy interests of different strengths

16. Structural conflicts Conflicts are caused by Un equal control Distribution of resources (geographic physical environmental factors) Un equal power and authority Time constraints Possible interventions Clearly define and change role Reallocate control of resources Established a fair and mutually acceptable decision-making process Change physical and environment relationship of parties (closeness and distance) Change time constrains (more or less time)

17. Value conflicts Conflicts are caused by Different criteria for evaluating ideas or behavior Different ways of life, (ideology or religion) Possible interventions Avoid defining problem in terms of value Search for super ordinate goal that all parties share

18. Mediation process Managing initial contacts with the disputing parties (establishing relationship, educate about the process, increase commitment to the procedure) Selecting a strategy to guide mediation (Assist the parties to assess various approaches to manage the conflict) Collecting and analyzing background information (collect and analyze relevant data about the people) Designing a detailed plan for mediation (participants, location, physical arrangement, issues interests, settlement options, psychological conditions of the parties, ground rules and behavioral guidelines, plan for first joint negotiation)

19. Mediation process cont… Building trust and cooperation (the mediator should be sensitive about the strong emotion, misperception, legitimacy problem, lack of trust, poor communication) Beginning the mediation session (opening statement by mediator, parties) Defining issues and setting an agenda

20. Mediation process cont.. Uncovering hidden interests of the disputing parties Generating options for settlement Assessing options for settlement (review the interests of the parties, asses how interests can be met by available options and asses the cost and benefits of selecting options) Final bargaining (development of a consensual formula, final leaps to package settlement) Reaching a settlement (options for settlement, conducting final bargaining, achieving formal agreement/settlement)

21. Opening statement of mediator (example only) Good evening and welcome to this mediation session. My name is …….I have been working past 10 years as an independent mediator (formal introduction with both parties). Please accept my congratulation. We are here to explore our differences and share each other's perspectives so we can produce the better outcome of the mediation process. I strongly believe that different opinions, viewpoints, functional interests and expertise will definitely help for the solutions of our common problems. It is the all of our job to create a safe atmosphere so we will have an opportunity to express our ideas to provide different points of view to assist in defining basic issues and interests, and look forward for mutually satisfactory options. I fully trust and respect both of you/all of you that we will be able to reach to constructive agreement.

22. Opening statement conti … As I mentioned before that I am an independent mediator therefore neutral, impartial regarding relationships and specific outcomes are the fundamental principles. I do not judge, will not take sides nor decide who is right or wrong. I am here to assist both of you to reach yours own decision-one that satisfy both of you. We will start with each of your story than I will ask questions and summarize so I can have better understanding about the issues. I will also help both of you to identify the issues that are important to you so I can help you to develop some solutions. Additionally I will meet with both of you together but there may also be a caucus when I meet with you individually. You can also request a separate meeting. Meanwhile all of us can also request a break if we feel like it.

23. Now I would like to talk about the ground rules. Please find the pencil and paper on the table, which is next to you. So you can write down your thoughts until it is your turn to speak. Please let us avoid personal attacks in order to maintain a respectful atmosphere and let us agree to try to solve problem. (Question about agreeing and disagreeing ground rules and likes to know are there any you like to add as a ground rules). I would like to assure that I will keep all information confidential, unless if it is against the law, like such as child abuse and I will destroy my notes at the end of the mediation. Finally I would like to clarify that participation in meditation is voluntary. So please say yes if each of you wishes to proceed with mediation. Thank you for your cooperation.

24. Negotiation Negotiation is one of the method (out of four; negotiation, mediation, collaborative law and arbitration) of alternative dispute resolution (ADR). Negotiation is a process involving two or more people meeting to discuss shared or opposed interests in a particular area of mutual concern. Negotiation is an educational process, which provides the opportunities to understand each others concerns, perceptions and aspirations. Note: ADR is important techniques that are outside of government judicial process and it is usually considered to be alternative to litigation.

25. Negotiation cont… Negotiation is problem-solving processes, which include diplomacy, discussion and consultation, and it encourages adapting peaceable producer for compromising differences of disputant parties.  In mediation and facilitation, there is a third party, a mediator or facilitator, who facilitates the resolution process and may even suggest a resolution. But in negotiation, participation is also voluntary and there is no third party who facilitates the resolution process or imposes a resolution.

26. Two important elements of negotiation Good faith (honest desire to reach an agreement and be fair and reasonable for both sides) Flexibility

27. Negotiation Skills Are there other criticisms you can make to the “problem-solving approach “ for negotiations? Are these conflicts amenable to solution through negotiation? What are the stages that a negotiation process tends to go through? How do you determine a party’s interests? Why is it important to do so?

28. Negotiation Skills cont Might there be resistance to negotiation which needs to be overcome? Are there reasons why parties might choose not to negotiate? Will the importance of preparation in negotiation be recognized? How did the two sides use their power? What strategies and tactics did they employ? How specifically does culture influence negotiation?

29. Negotiation skills cont… Background and Introduction, Positions, Issues Interests and Alternatives for each of the Parties Involved Primary Parties to the Negotiation   Secondary parties to the Negotiation   Legitimacy and Standers for Negotiations

30. Guideline for negotiation Preparing for negotiation Communicating what is to be accomplished (identify the problem) Reviewing why negotiation is required Redefining the issue or issues (brainstorm ideas for solution) Selecting when issues will be addressed Encouraging discussion throughout Addressing the fall-back compromise on each issue Agreeing in principle Recapping and summarizing Monitoring compliance with agreement after settlement

31. Guideline for Negotiation Clear sense of knowing that you want or don’t want A detail research about what your counterpart wants and doesn’t want Identify possible concessions (knowing what is absolutely necessary to achieve in consummating a successful bargain) Know the alternatives Know the counterpart and subject matter (about personality styles, body language/ people view the same facts and appeals differently) Last is rehearse (practice, practice, practice)

32. Facilitation Facilitation is the process of enabling groups to work cooperatively and effectively (it is important in circumstances where people of diverse backgrounds, interests and capabilities work together) This is the design and management of structures and processes that help a group do its work and minimize the common problems p eople have working together

33. Facilitator’s skills Conflict resolution skills and understanding the foundation and skills for constructive conflict Transformative responses to conflict through empowerment and recognition as well resolving environment disputes. Building consensus for a sustainable future, the vision to reconcile, and building bridges. Putting principles into practice and removing barriers to the negotiated resolution of conflict

34. Facilitator’s skills cont.. Further more facilitator should be clear about “a propose and an agenda, introduce people, look after physical need, ground rules, open environment, involving all participants, pay attention to the situation, lead by example and relax”

35. Facilitator’s role and responsibility Reshaping the cooperation for the future and strategic planning skills Good knowledge of open space and clear idea about consulting Sense of scenario design and creative thinking/ innovative thinking Focusing on people and personal growth and development

36. Facilitator’s role and responsibility Helping to create self sufficient teams and team building for the future, winning work team, capturing the power of team Group techniques for idea building learned within a organization Participative designing skills, how to start a participative management program with methods for active participation and process improvement and reengineering, continuous process improving Understanding the feeling of the people's satisfaction in the process of ongoing improvement

37. Facilitation Process PREPARATION Group organized, purposes made clear, roles clarified, logistics planned, group, work, participants and context understood, agenda determined and communicated

38. Facilitation process cont… PREPARATION (primary tasks) Collecting information on context, work and participants Clarifying the group charter and analyzing stakeholders Selecting group members and group leaders Building agendas for meetings and publishing Attending to meeting

39. Facilitation-process cont… GROUP WORK OUTCOMES Purposes and outcomes achieved Participants worked well together and satisfied with progress Meeting design effectively implemented Facilitation capacity of group enhanced and next steps clear Effective group task and maintenance behaviors observed

40. Facilitation process cont… GROUP WORK OUTCOMES Creating a foundation for working together Managing data generation and managing analysis and interpretation of the data Managing decision making and group dynamics Evaluating group process and progress Closing group sessions

41. Facilitation process cont.. FOLLOW-UP Meeting record/outputs produced and distributed Results of group work communicated to members and stakeholders Approvals of results obtained and announced Next steps carried out and further group work determined

42. Family Mediation (role play) A couple who had been married for fifteen years decided to divorce, and they wanted to employ mediation. They have two children ages fourteen and twelve. They owned a home, some stocks and have a joint saving accounts. They also have joint ownership in a small business, this is the major sources of their income. The wife is responsible for the finances and planning of the business. The husband is also employee there in a service capacity. The husband had never completed high school and functionally illiterate. He is also shy man who believe that he have great difficulty finding work on his own and has not confident of his ability to manage money.

43. Negotiation role-play Situation Outline IT specialist GlobalSoft /Colombo has been growing rapidly over the past five years, and is constantly increasing its customer base. Now GlobalSoft also wants to move into international markets-Nepal and has appointed a team that specializes in dealing with international business and established relation with one of the leading company of Nepal. IT Colombo is making a US$ fifteen million profit every year and, there is demand for US$ fifty four millions worth of software by 2009. In order to complete those demand IT Colombo decided to expand its network in Nepal for making a joint-venture with Nepalese company

44. Negotiation role-play cont.. Character Profiles and your task Khalizia bandaranike , ITGSC you are a 35-year-old marketing specialist with a MA from Harvard business school. You have been working for GlobalSoft for five years. You joined the international market team one year ago. Your strengths are negotiating with difficult partners and generating new key cooperation. Your job is identifying potential partner and sign joint-venture agreement with EIT, Nepal. Because of your company’s Market Excellency and your demand within the international markets you are not supposed to pay more than 25% of total profit to EIT, Nepal. Character profile and your task Mahanta Aatma , EIT you are 55 and the Executive Vice President and General Manager of EIT, Nepal, a reputed IT company (Everest International Technology of Nepal has been working past ten years in local business and have extensive logistic and skill labor support). You are married and have two adult children. You have a Master of Business Administration from University of Colombo/Sri lanka . You pay great attention to detail and you are always looking for ways of increasing your revenue and reducing operating costs and increasing business efficiency. You then followed up by contacting MS. Bandarnike on the phone, arranging a face-to-face meeting with her. Your goal in this dialogue is to sell your reputation logistic support and skilled labors to ITGST.

45. Negotiation- Role play The eleven staff members of international organization (four female and seven man and two of them are patient of blood pressure) were abducted by an armed group on Thursday 1-2007 in the province of dead hill, south west of Titinic . They were making their way back to the International delegation in Titnic following a humanitarian mission. They are being held in an undisclosed location, but the revel-group’s army just announces that he is ready to negotiate if international organization is ready to give a pressure to the government to release their party carders. The International organization is not in a position to say more at this stage about the process involved in seeking the release of its eleven employees or about confidential discussions with the different parties concerned. You are senior officer of the International organization and assigned to negotiate with a revels group.  

46. References Strategies for Resolving Conflicts (3rd ed.) San Francisco: Jossey -Bass, 2003 Bush, Robert A. Brauch & Folger , J.P., The Promise of Mediation , San Francisco: Jossey -Bass, 1994Broom, Benjamin J. (2003). Responding to the challenges of third-party facilitation:Broom , Benjamin J. (1997). Designing a collective approach to peace:Interactive design and problem-solving workshops with Greek-Cypriot communities in Cyprus. Schwarz, R M. (2002). The Skilled Facilitator. Jossey -Bass. Justice, T& Jamieson, D.W. (1999). The Facilitator’s Fieldbook . New York : amacom .