LESSON IN CONFLICT RESOLUTION

Organizer - Introduction to Conflict Resolution

People have always been interested in learning ways of resolving conflicts. Even those people who want to go to war with others prefer to have those on their side settle their conflicts without violence. It is only recently, however, that the study of conflict resolution has begun in earnest. In this chapter some of the vocabulary, concepts and applications of the new discipline of conflict resolution are presented.

Organizer - Responses to Conflict

There are various responses that can be taken to the existence of conflict. Several of these are presented.

CONCEPTS: Conflict Avoidance, Negotiation, Arbitration, and Mediation

Conflict Avoidance occurs when a party to a conflict decides to forgo his or her interest in favor of another party. Conflict avoidance is also called capitulation. People choose this strategy when they decide that trying to pursue their interest is not worth the trouble.

Negotiation occurs when disputants try to reach an agreement that will satisfy the basic self-interest of each party. Negotiation depends on the ability to made promises that can be kept.

Arbitration occurs when parties to a dispute either decide to or are forced to accept the decision of a third party. The third party is called an arbitrator or arbiter.
Mediation occurs when disputants decide their own process and decision settlement. A mediator helps the parties develop options and meets separately with the parties to help them see options realistically so that they can come to an agreement that all parties accept. Mediation is a voluntary process.

Organizer - Conflict of Interest

A conflict of interest occurs when two or more parties want something -- the attainment of which by one precludes the attainment by the other. We will now define the concepts of interest and conflict more precisely.

CONCEPTS: Interest, Issues, and Conflicts

Interests are what people want.

Issues, or positions, are views people hold regarding how they are going to get what they want. People may differ on issues while agreeing on interests.
Conflicts are real or perceived states of competing interests. People may perceive that they have a conflict when they differ on issues and do not actually have competing interests.

Organizer - Mediation

We will examine mediation because that is the peacemaking role that individuals can hope to play. A mediator helps to bring disputants together. Certain skills aid the mediator in this process. One skill is to have the dispute over interests identified, instead of just seeing the dispute as one of persons or of positions.

CONCEPT: Person Centered, Position Centered, Interest Centered

Person centered disputes exist because of the personalities involved.

Positioned centered disputes exist because people are taking incompatible positions. Another name for position centered disputes is "issue centered." People are taking opposing sides on issues that they consider important.

Interest centered disputes exist because people have conflicting interests. If one person gets what he or she wants then the other parties cannot get all of what they want. The emphasis is on what each person wants.

Name _______________________
Exercise 1

Directions: Indicate what is true of each example using these choices:
A) This is centered on personalities.
B) This is centered on positions.
C) This is centered on interests.

1. The union would like to discuss health benefits and wage increases._____ 2. We must stick together as a people if we want to make progress. _____
3. Neither the United States nor the Russia would benefit from the spread of nuclear weapons to more countries. _____
4. Let us begin the mediation session by examining the statements made by each party in the dispute. _____
5. We will begin this mediation session with each person stating what
they think of the other person. _____
6. I would like to begin this mediation session be asking each person
to say what bothers them about the existing situation. _____
7. I don't see how Kate can talk to that guy. _____
8. You saw our list of demands. That is all we are here to discuss. _____
9. Mark does not see how Joe can put up with Sue's flirting with others. _____
10. Neither the Jones' nor the Smiths' will benefit from the fighting. . _____


Organizer - Outcomes

It is best to get the parties to a dispute to discuss their interests, rather than personalities or positions, because there are techniques for reconciling interests. Some of the possible outcomes in terms of interests are presented.

CONCEPTS: Competition, Compromise, Collaboration & Cooperation

Competition is a strategy that a person in conflict may follow which would, if successful, result in the person getting all of what they want, with the other parties to the conflict getting nothing.

Compromise is a strategy that aims at give and take so the the result is 50-50.

Collaboration is a strategy that involves the integration of interests so that a disputant helps the party they have disputes with get what they want while still protecting their own interest.

Cooperation is working together for mutual gain and sharing the gain equally.

Name _______________________
Exercise 2

Directions: Indicate what is true of each example using these choices:
A) Example of competition C) Example of collaboration
B) Example of compromise D) Example of cooperation

1. If I help him get what he wants, maybe he will help me get what I want. ____
2. I don't want to be frustrated, so it's too bad for her. ____
3. She and I can work together to get what we both want. ____
4. I'll grab the biggest piece of the cake before he does. . ____
5. I'll get to know her better and try to help her realize her dreams. ____
6. I tampered with her racing car, so I am sure to beat her. ____
7. If I help you with your English, will you help me with my math? ____
8. I want to get to class before all the seats are taken. ____
9. Since I don't want her to get a better grade than I get, I won't let her
know the assignment. ____
10. He and I can study together so we can both pass the course. ____
11. I watched my show for thirty minutes and he watched the basketball
game for thirty minutes. ____
12. We want a twenty percent salary increase and don't care what it
does to the company. ____
13. We will meet you half way on our demands for a twenty percent
salary increase. ____
14. We would be willing to take a salary increase in the form of a stock-
sharing program if this would help the company. ____
15. You heard my offer. Take it or leave it. ____





Organizer - Mediation: Asking Questions

The mediator's job of helping the disputants come to agreement is best aided when all sides are aiming at a solution where everyone wins. The ideal is to have collaboration, but compromise may be the best solution possible. The main tool that the mediator has is the ability to ask the parties to the conflict questions that will help them be realistic about what the other side might agree to. The next section discusses the different types of questions a mediator might ask.

CONCEPT: Open Questions vs. Closed Questions

Procedure: Ask yourself, "Is the answer yes or no?" If so, it is a closed question. If the range of answers is open then it is an open question.

Examples "What do you hope to get from this process?" (open)
"Are you here to try to reach an agreement?" (closed)

CONCEPT: Direct vs. Indirect

Procedure Ask, "Do they have to answer?" If yes, it is a direct question. If no, it is an indirect question.

Examples "What do you propose?" (direct)
"I wonder why she is resisting your offer?" (indirect)

Note: It is possible to combine the distinction between open and closed with the distinction between direct and indirect. The four possibilities, and examples of each, are:

Open Direct Why do you think he will do it?
Open Indirect I wonder what he will do?
Closed Direct Do you think he will accept?
Closed Indirect I wonder if he will accept that?





Name _______________________
Exercise 3

Directions: Indicate what is true of each example using these choices:
A) Open Direct C) Closed Direct B) Open Indirect D) Closed Indirect

1. I wonder why she hasn't suggested a settlement along these lines? _____
2. Do you think that your proposal will be accepted? _____
3. Would you be willing to state this directly to her? _____
4. What do you think his response will be to your proposal? _____
5. I wonder if she will accept your offer? _____
6. I wonder why Bob chose to go with Plan B? _____
7. Why do you think that Bob decided to go with Plan B? _____
8. I wonder what he will do at the next meeting? _____
9. Will you talk to him? _____
10. Do you feel that they will do as you suggest? _____
11. Do you think she will accept your offer? _____
12. I wonder if he knows what is going on? _____
13. Do you think he will mind? _____
14. What do you think is her reason for being there? _____
15. I wonder what she might think? _____






CONCEPT: Objective Criteria

Objective criteria are criteria that are independent of individual's will. When settlements are not based on objective criteria, people pit their will against each other. The fault with this is that one party ends up the winner and the other the loser, and no one wants to be the loser. It is desirable to have some basis for settlement that is independent of will, to base decisions on principles that all parties can accept.

CONCEPT: Fair Standards

Fair standards are standards for determining a settlement that either party might accept, even if they were in the other party's position. There can be more than one objective standard. Consider this example: A house has burnt down and the owner has a dispute with the insurance company over the price. Fair standards for the house value might be the replacement cost, the cost of building the house, the market value, or what a court would probably award. If the standard is fair then it is one that the insurance adjuster and the home owner would accept even if they were in each other's position.

CONCEPT: Fair Procedures

If procedures are fair, then either party in the dispute would be willing to take the other party's position. An example of this is the tried and proven method of dividing a piece of cake. One cuts and the other chooses. It doesn't matter very much which person does the cutting and which does the choosing.
Note: The use of fair standards and fair procedures introduces concepts of morality into conflict resolution. Indeed, appealing to moral principles does help the resolution of conflict. Conflict resolution is greatly aided when people agree on moral principles and relate their actions to those principles.