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Conflict Escalation / Constructive Conflict

 Conflict Escalation / Constructive Conflict

            During the process of conflict, there are means of intervention which will prevent the escalation of the dispute.  If the practitioner or the opposing parties recognize the triggers and implement certain intervention methods, they may avoid conflict escalation.  “The challenge is to identify the conditions that promote a precipitous escalatory jump” (Deutsch, Coleman, Marcus, 2006, p. 854).  These conditions are most prevalent when people are annoyed, aggressive, possess an unstable self-esteem, or are easily provoked.  In addition, the relationship between the parties must be taken into consideration.  People with agonizing associations are prone to retaliate when provoked.  Yet studies show “that more cohesive groups (involving more positive relations between the members) engage in more conflict but are less prone to escalation” (Deutsch, Coleman, Marcus, 2006, p. 857).  The key is to recognize these conditions (triggers) as early as possible.  Hence, there is not a particular stage in the conflict process during which there should be intervention in order to prevent conflict escalation.  Instead, it is the responsibility of the practitioner or the parties themselves to be aware of the possible conditions which may cause conflict escalation.  Once the practitioner intervenes and addresses these conditions, the parties may avoid the escalation.

            Now, in effort to identify constructive conflict, certain guidelines must be utilized.  First, the opposing parties must identify and show consideration to one another’s culture and language, and dispel stereotypes.  “Associations based on our primordial sentiments create a conscientiousness of kind that separates us from those who are different” (Kimmel, 2006, p. 629).  Therefore it is critical for individuals to be aware of the differences from other cultures.  Individuals may achieve this awareness by conquering the levels of cultural awareness:

1. Cultural chauvinism
2. Ethnocentrism
3. Tolerance
4. Minimization
5. Understanding
6. Integration (Kimmel, 2006).

Second, individuals must enhance their peace-building skills.  These include empathy, imagination, innovation, commitment, flexibility, and persistence.  “To be effective peace builders, we must be devoted to the developments of relationships and the creation of consensual meanings and outcomes” (Kimmel, 2006, p.642).  In doing so, constructive conflict “will benefit all parties in their efforts to end destructive conflict, solve problems, and build relationships” (Kimmel, 2006, p. 642).

References:

            Deutsch, M., Coleman, P.T., Marcus, E.C., (Eds.). (2006). The Handbook of Conflict

            Resolution: Theory & Practice. (2^nd ed.). San Francisco: Jossey-Bass.

Kimmel, P.R. (2006). Culture and conflict. In M. Deutsch, P.T. Coleman, & E. C. Marcus

            (Eds.), The Handbook of Conflict Resolution: Theory & Practice. (2^nd ed.).

            (pp. 625-648). San Francisco: Jossey-Bass.

Change Agents

Change Agents

            Within the role as a psychologist, there are challenges, both ethical and professional, which will transpire over the course of one’s practice.  Yet as effective change agents, psychologists are required to meet and overcome these challenges in effort to benefit their clients, community, and society-at-large.  In this sense they encourage positive change which is “akin to making people better…something we should all strive for” (Stevenson, 2011).  Two of the most significant challenges change agents encounter are diversity consciousness and sensible value systems.

            First, persuading individuals to enhance their diversity awareness, transcend stereotypes, and alter certain opinions will be difficult.  As a professional, the psychologist will treat people from varying ethnicities, with differing beliefs and personal histories who may possess certain prejudices whether racism, ageism, or sexism.  In addition, people will discriminate against one another based on religion, sexual orientation, and socio-economic class (Stevenson, 2011).  However, “in their work-related activities, psychologists do not engage in unfair discrimination based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, or any basis proscribed by law” (APA, 2002).  Hence, they have an ethical and professional responsibility to promote equality and acceptance in their practice.

                A second challenge for change agents is fostering reasonable value systems.  Although the range of values from person to person may vary, there are common household, community, regional, national, and universal standards which individuals should uphold.  A number of these parameters are set by legislation.  Yet in many instances, each individual has the responsibility or choice as to what they consider acceptable behavior or beliefs.  This becomes an issue when dealing with clients due to the fact that their regard for relative worth, merit, or importance affects their conduct and attitude, and how they consider themselves and interact with others.  While many individuals advocate truth, suitable conduct, love, peace, and non-violence, others defy the like (Stevenson, 2011).  Altering or improving a client’s moral standard will prove to be as challenging as augmenting their cultural awareness.

            In short, in effort to promote change ethically and responsibly within a community, a psychologist-in-training should increasingly educate themselves in effort to be a competent asset to society, volunteer to assist at-risk children youth, attend local town hall meetings and offer their opinions and views, or join a community activist group.  Each of these factors will enable them to assist individuals, foster positive thinking, promote acceptance and awareness, and affect change.  As one person is influenced, they likewise influence another within their family, school, or community.          

References:

American Psychological Association. (2002). Ethical principles of psychologists and

code of conduct: http://www.apa.org/ethics/code/index.aspx.  

Stevenson, D. (2011). What is a Change Agent? Original Thinking.

Retrieved May 12, 2011, from

http://it.toolbox.com/blogs/original-thinking/what-is-a-change-agent-23764.

Assessing Your Competence

 Assessing Your Competence

            In order for a practitioner to be effective and successful, they must maintain a particular level of competency, knowledge, and understanding of their craft.  Although I am becoming increasingly competent as a counselor, one must continuously evolve, adapt, and stay current.  At present, I am an effective communicator, an accurate and active listener, considerate, sensitive, and empathetic to the emotional needs of others, and capable of incorporating beneficial therapeutic strategies as they apply to the subject.  In addition, I enjoy gathering and organizing information and research, analyzing human development and behavior, and exploring personality (Seligman & Reichenberg, 2010). 

However, over the remainder of this program and beyond, it is imperative to build upon the present foundation.  Hence, various courses of action will be employed.  These include yet are not limited to the following: utilizing relevant texts, journals, articles, and internet research, field interaction and experience, seeking guidance and mentoring from senior clinicians and ministers, prayer.

Yet there are blind spots which exist and must be overcome.  (In my humble opinion, everyone is plagued by them to varying degrees.  Those in denial of this are seemingly unrealistic).  The most evident issues requiring additional attention, assistance, and knowledge are cultural blind spots.  Although I interact with differing individuals and groups, thus increasingly expanding my diversity consciousness, there remain several customs, traditions, and beliefs of varying cultures which must be understood, considered, and applied on a case by case basis.  In order to overcome this challenge ongoing research of varying cultures as they pertain to the client will be utilized as well as continued dialogue with those belonging to the same ethnic or cultural group when possible.  Another blind spot may arise when relating to female clients.  There may be some issues which are more difficult to empathize with from a male versus female perspective.  In effort to conquer this matter I must give consideration to women’s plight, the client's individual history, and confer with female colleagues and senior clinicians.

In addition, when making decisions about competencies certain multicultural and ethical aspects must be considered.  As previously stated, accepting and understanding various ethnicities, cultures, and subcultures is imperative.  People or various gender, ages, sexual preferences, religions, and cultural backgrounds will seek assistance and guidance.  Therefore acquiring a knowledge base and concern of differing people is essential.  Also, proper ethics must be regarded and utilized.  The clinician must be aware of general psychological code of ethics and those within their state and organization.  Disregarding either would be detrimental to effective therapeutic practices.  

References:

Seligman, L. W. & Reichenberg, L. W. (2009). Theories of counseling and

psychotherapy: Systems, strategies, and skills (3rd ed.). Boston: Pearson.

Distributive & Integrative Negotiation

Distributive & Integrative Negotiation

            In grade school, the teacher would allow us to choose which activity we would like to engage in during our recess period.  In fair weather, this was an easy decision.  The playground and classroom were at our disposal.  Students could break off into small groups and participate in whatever activity they so desired; basketball, soccer, football, sandbox, hopscotch, four square, jungle gym, monkey bars, merry-go-round, swings, trader cards (mainly baseball and garbage-pail-kids), or simply sit around and gossip.  However, on rainy days our activity was limited strictly to the classroom.  Hence, the entire class (25-30 students) would have to collectively choose.  At that point the options were silent ball, here comes the judge, tic-tac-toe, hang man, or board games.  We had to decide whether or not to select an activity everyone could participate in or various activities which would not disrupt one another in an enclosed setting.

            Now, on one particular rainy afternoon, it dawned upon me that opportunity was knocking.  The previous evening I had been invited to a basketball game and pep rally at N.C. State.  However I could not attend the pep rally because I had to complete my homework beforehand.  Therefore my intentions were to meet up with my friend and his family at the game.  Yet since it was raining and recess was out of the question, if I completed the majority of my homework during this time (about 45-50 minutes) I would be able to attend the pep rally as well.  Now my only problem was convincing my classmates to have a study hall instead of engaging in our normal rainy day activities.

            In order to persuade my fellow classmates to participate in a study hall, I utilized “a variety of tactics to convince other parties to agree to the allocation of benefits” (Mayer, 2000, p. 148).  Through distributive negotiation, my peers were swayed to concur with my desires.  This was achieved by posing the question: “Wouldn’t you rather go home without any homework?”  Initially, half the class agreed.  Now we had to work on everyone else.  Next I promoted the advantages which a study hall would allow.  These included, more time to watch television, visit with friends, play video games, or sleep.  In addition, they could leave their books and backpacks in their lockers overnight.  The bottom line was our homework had to be done, whether it was completed now during lunch hour, or later on in the evening and night at home.  Within a couple of minutes, it was unanimously decided that we would have a study hall; I finished my homework and was able to attend the pep rally and the game.

References:

Mayer, B. (2000). The dynamics of conflict resolution: A practitioner’s guide. San Francisco:

          Jossey-Bass.   

Ethics & Culture

Ethics and Culture

Within the parameters of a cross-cultural conflict, suspending judgments and collecting information will permit the mediator to expand the disputants’ perceptions and enable them to achieve a favorable resolution.  It is vital to the success of the mediation for the disputants to neglect any discriminatory opinions or beliefs, inclusive of their country’s historical relations.  They may be aware of their variances, yet it would be more beneficial for them to set aside these differences as they focus their energy and attention on providing information.  Remaining judgmental during this phase will only elongate an otherwise time and cost efficient process and obstruct a favorable resolution.

However, the mediator or intervenor is responsible for being culturally fluent, aware, and considerate of each disputant’s perspective during this stage and throughout the process.  “The culturally fluent conflict intervenor does not separate dynamics of culture from issues of conflict but focuses on their interrelatedness” (LeBaron, p.273, 2003).  They must consider the traditions, laws, and customs of each party.  By understanding their worldviews, the practitioner may better identify their concerns and interests, and begin to reframe the issues in a format that is impartial and suitable for both parties as a means of developing the disputants’ understanding as well as them being accepting of alternatives for resolution (Kovach, 2005).  Hence, as information is being gathered, the mediator must take into account the disputants’ cultural differences.

In addition, the mediator should encourage them to maintain an open mind as they reveal pertinent content associated to the dispute.  Within the process of the mediation, once the participants are introduced, give opening remarks, and then afforded the opportunity to vent, information gathering should occur.  “During this phase, the mediator and the parties often make inquiries of one another.  As additional information is disclosed, the mediator attempts to identify exactly what issues are in dispute” (Kovach, p. 307, 2005).  This will allow the actual causes of the conflict and problematic issues to be exposed and properly addressed.  Thus, information gathering is preliminary to the issue and identification phase.  In order for the mediator at attain a greater understanding of the cultural ethics and values of the disputants prior to mediation, the following inquiries would be beneficial:

1)      What cultural or ethnic group do you identify with?

2)      What is your religious affiliation, if any?

3)      How long have you and your family lived in this country / country of citizenship?

4)      How would you describe your opposition?

5)      Why do you feel as if your opinion outweighs that of your opposition?

“When carrying on an international mediation a mediator must take the cultural differences between the parties into consideration” (Sgubini, 2006).  Yet the disputants should focus on providing relative information, problem solving, and exploring creative solutions (Kovach, 2005).  Mediation is based on communication, and can thus be applied globally once communicative and cultural barriers are obliterated.  It has emerged as the leading ADR process due to the fact that it offers disputants the opportunity to develop settlements that are sensible, economical, and resilient, preserves relationships, and encourages mutual agreement (Sgubini, 2006).

References:

Kovach, K. (2005). Mediation. In M.L. Moffitt, R.C. Bordone, The Handbook of Dispute

Resolution. (pp.304-317). San Francisco, CA: Jossey-Bass.

LeBaron, M. (2003). Bridging cultural conflicts: A new approach for a changing world. 

            San Francisco, CA: Jossey-Bass.
Sgubini, A. (2006). Mediation and Culture: How different cultural backgrounds can 
             affect the way people negotiate and resolve disputes. Retrieved December 6, 
             2010, from http://www.mediate.com/articles/sgubiniA4.cfm.    

Ineffective Communication

    Ineffective Communication     

            Often times the source of conflict is ineffective communication.  Due to variations of culture, education, ethnicity, experience, personality, morals, beliefs, etc., it is highly probable that an individual’s interpretation or understanding of any given circumstance will differ from that of their opposition, deteriorating their communication, and ignite a debatable occurrence.  “The positive role of communication in ameliorating conflict seems so obvious that the premise is seldom given serious examination” (Deutsch, Coleman, Marcus, 2006, p. 144).  However, without the utilization of effective communication, conflict is inevitable.  In addition, “poor communication greatly increases the likelihood that conflict continues or is made worse” (Deutsch, Coleman, Marcus, 2006, p. 156).

            In order to understand the harmful affects of ineffective communication in relation to conflict, the text describes four paradigms: The Encoding-Decoding Paradigm, The Intentionalist Paradigm, The Perspective-Taking Paradigm, and The Dialogic Paradigm.  These paradigms, which are apparent throughout society, explain how information is transferred.  “Information that originates in one part of a system is formulated into a message that is transmitted to another part of that system” (Deutsch, Coleman, Marcus, 2006, p. 145).  Yet messages are often misinterpreted due to variations between individuals, making ineffective communication the most common source of conflict.

          Possible ways in which ineffective communication may initiate conflict include:

1. Noise – any undesired signal which may distort the meaning of the message.
2. Term associations that differ / vary between personalities, values, ideologies, etc.
3. Lack of consideration and / or understanding the intended message sent from your counterpart.
4. Lack of consideration of how the listener will interpret your words.  Insensitivity to the listener’s perspective.
5. Inactive listening (Deutsch, Coleman, Marcus, 2006).

Any / each of these factors affect every relationship any individual will encounter; therefore ineffective communication is the most common source of conflict.  

References:

Deutsch, M., Coleman, P.T., Marcus, E.C., (Eds.). (2006). The Handbook of Conflict

Resolution: Theory & Practice. (2^nd ed.). San Francisco: Jossey-Bass.

Cultural Diversity in America

Cultural Diversity in America

Journal article, Liberating History: The Context of the Challenge of Psychologists of Color to American Psychology, “examines the history of race and ethnicity in the United States, and how it played out in the field of psychology” (Pickren, 2009).  His research pinpoints events throughout American history with emphasis on the post-World War II era.  In his opinion, reviewing and understanding the transgressions of the oppressed in America will enable American psychologists to relate to indigenous individuals surfacing internationally.  As the world globalizes, it is imperative that Americans comprehend and continue to connect to varying and developing cultures.

            Taken into account are the periods of slavery to reconstruction, the Civil Rights movement, Black Nationalist movement, Black consciousness, the Feminist movement, and the arrival of increasing numbers of immigrants from Asia, Central, and South America.  To begin with, during the period of colonialism, the “goal of imperial rule was to diminish and even destroy the world view and ways of life of the colonized people” (Pickren, 2009).  Non-Europeans were considered savage and archaic.  In northern states, various national groups were in conflict: i.e. Slavs opposed to Irish, English opposed to French.  However, southerners were divided among ethnicities and racial divergence; i.e. Whites or Caucasian Americans versus Africans and Black Americans.  Once slavery was eradicated, living conditions for Blacks worsened and Jim Crow was established to perpetuate and justify segregation.  Various scientists, religious, and political leaders supported these concepts and beliefs.  However, “after World War II a new environment developed and new voices emerged that were clearly defiant of the old psychological colonialism and helped create a positive emphasis on identity grounded in the lived experiences of racial and ethnic minority psychologists” (Pickren, 2009).  The Civil Rights movement paralleled the international struggle to abolish colonialism and imperialism.  In addition, as American society began to integrate, “prominent movements against the Vietnam War, a burgeoning women’s movement as part of the second wave of feminism, and an emergent student and youth movement” (Pickren, 2009) were simultaneously occurring.  From the 1960s to present day, immigrants have continued to assimilate into American society particularly from Asia, Central, and South America.  With this influx, additional socio-economic issues have arisen.  As a result, America’s multicultural society has caused psychologists and practitioners to develop a new psychology “that is more than, though inclusive of, Eurocentric psychology. A psychology developed from the intellectual and social resources of multiple cultures will enrich theory, methods, and practices beyond what is available in the Eurocentric or America-centric traditions alone” (Pickren, 2009).  A culturally diverse basis will enable psychologists to more effectively relate, connect, and administer treatment to an international community within America and abroad.

            This article addresses and supports current diversity issues.  In effort to progress, one has to consider the causes which influenced the present circumstances.  Cultural issues throughout American history have shaped the opinions, beliefs, prejudices, and discriminations of various ethnicities across the nation.  “Throughout history, people of many cultures have demonstrated an ethnocentric view of the world” (Parrillo, 2009, p. 16).  This concept has manifested within American society as well.  In addition, even though integration was implemented over forty years ago, certain groups and individuals continue to socially segregate.  Therefore, it is vital that the masses intermingle and continue to learn, share, and accept one another.  In effort to effectively address issues affecting educational, criminal, social, and economic systems, it is critical for professionals, politicians, law enforcement, educators, community activists, and common citizens to incorporate diversity consciousness into their lives.  Pickren’s article focuses on how emerging social disparities may be resolved on a global level, by understanding and applying cultural and cross-cultural psychology.  This will “reveal similarities and commonalities of struggle and identity formation among psychologists from Third World countries and racial and ethnic minority psychologists in the United States” (Pickren, 2009).  Conflict and diversity barriers are inevitable components of any society.  However, disputes, discrimination, prejudice, stereotypes, ethnocentrism, and limited perceptions must be appropriately addressed in order to overcome them (Bucher, 2010).  In effort to assist those afflicted with these issues, practitioners must consider all cultures in relation to one another, their histories, traditions, and customs.  In doing so, oppressed individuals may begin to triumph over personal and social barriers and establish effective communication with their oppressor or dominant culture as they assimilate and co-exist.       

References:

Bucher, R. (2010). Diversity consciousness: Opening our minds to people, cultures, and

opportunities (3rd ed.). Upper Saddle River: Pearson Prentice Hall.

Parillo, V. (2009). Strangers to these shores: Race and ethnic relations in the United

States (9th ed.). Boston: Pearson.

Pickren, W.E. (2009). Liberating History: The Context of the Challenge of Psychologists

of Color to American Psychology. Cultural Diversity and Ethnic Minority Psychology, 15 (4), 425-433. Retrieved February 7, 2011, from

http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?hid=7&sid=225ab7b2-00eb-40df-ba4e-788c0ae09779%40sessionmgr4&vid=5.

Global Mediation

 Global Mediation

          As the international community matures, global mediation has increasingly served as a necessary means for conflict resolution among disputants.  As a result several organizations specializing in the field have formed throughout the world.  Of these companies, the following will be analyzed; Global Mediation Service, International Mediation Institute (IMI), and Global Mediation Services Ltd. (GMS).  This examination will focus on organizational theme commonalities in their services and approach to understanding cultural differences and any variance which may exist in relation to the native country of the company.

            To begin with, the mission of Global Mediation Service is to prevent business failure which is typically a result of disputes and conflict.  Their goal is to resolve these issues in a time and cost efficient manner.  Although their company is based in Los Angeles, their offices have expanded throughout the United States including New York, Chicago, Dallas, and Miami.  Their services consist of but are not limited to; mediation, arbitration, negotiation, contractual disputes, border and boundary disputes, debt collection, international commercial disputes, customer warranty disputes, corporate shareholder disputes, and conciliation, and extend across the U.S. to China.  The Global Mediation Service “approach to dispute resolution begins with the premise that disputes cost money and detract from a businesses resources and its ability to make money” (Global Mediation Service, 2006).  They believe that a lack of information and clarity concerning objectives and interests are often the cause of these issues.  Therefore, they assist their clients by explaining these factors and creating a bilateral understanding.

            Next, the International Mediation Institute (IMI) “is a non-profit foundation and registered charity established in 2007 as a global public service initiative to drive transparency and high competency standards into mediation practice across all fields, worldwide” (IMI Mediation, 2010).  This company is based on the internet, operating internationally, but is based in The Hague, The Netherlands. (The Hague is the City of International Peace, Justice, Reconciliation, and Security and exemplifies neutrality).  Their mission is to globally promote and elucidate the art of mediation throughout various fields inclusive of obligatory information, essential materials, appropriate training, and feedback from their clientele.  IMI attempts to enable disputants to turn win-lose scenarios into mutual gain, litigation to negotiation, and risks into opportunities.  They utilize methods of mediation and negotiation to resolve disputes and encourage international peace.

            Then, there is the Global Mediation Services Ltd. (GMS) based in Hong Kong.  This organization “was formed in 1999 to develop and expand the ADR and mediator training business of Commercial, Mediation & Arbitration Services Ltd (CMA)” (Global Mediation, 2010).  They offer training courses which range from one-day mediation or ADR familiarization courses, to five-day mediator training courses in which professionals seek accreditation based on the standards required by international associations.  These training courses: 

-          provide a high level of interactive participation by role-play training techniques and group debriefing

-          teach theoretical and practical mediation skills and ADR techniques

-          provide a high faculty/student ratio by the use of experienced co-trainers and coaches

-          are tailored to the individual and/or cultural needs and background of the participants and/or needs of sponsoring bodies

-          are developed and modified in the light of participant feedback

(Global Mediation, 2010).

The co-trainers and coaches hail from foreign jurisdictions or countries providing their clientele with intercontinental specialist knowledge and expertise in ADR and mediation processes.

            Now what these organizations share in their approach to understanding differing cultural patterns is consideration of the background of the disputants and maintaining and utilizing a staff which is trained and experienced in international business, mediation, law, or consulting.  What varies in their approaches, are their initial focus which reflects the core of their individual organization.  This is based in the origin of the company.  The Global Mediation Service, based in the United States, is primarily concerned with resolving conflict in effort to improve or protect their clients’ financial interests.  This is synonymous with the American society which tends to perceive money as an indicator of success, status, power, and importance.  The International Mediation Institute, founded in The Netherlands, centers on peace and conflict avoidance which mirrors their diplomatic, serene, accepting, and accommodating culture.  Then the Global Mediation Services Ltd., based in Hong Kong, utilizes team and teacher-to-student approaches in order to assist their clientele.  This is reflective of their society as well.

            In closing, mediation companies are an increasing necessity in international affairs in effort to resolve the inevitable conflicts which will occur among disputants.  Although these organizations’ approaches to varying cultural patterns may differ in some instances based on the origin on the company, their personnel is skilled in international etiquette, practices, and awareness.  These factors are vital to their success and essential to effective global mediation.

References:

Global Mediation Service. Retrieved November 29, 2010, from

            http://www.globalmediationservice.com/main.shtml.

 Global Mediation Services Ltd. Retrieved November 29, 2010, from

            http://www.global-mediation.com/index.asp.

 International Mediation Institute. Retrieved November 29, 2010, from

http://www.imimediation.org/.          

Mediation

Mediation

            As a leader, manager, boss, teacher, or parent, the ability to effectively mediate conflict is vital.  Conflict among team members, employees, students, and siblings inevitably will occur.  Therefore, the leader is required to act as the mediator, a neutral third party and assist “disputing parties in reaching a mutually agreeable resolution” (Kovach, 2005, p. 304).  In effort to mediate conflict, the participants must progress through stages, as listed, which highlight the essential occurrences in mediation.

1)  Preliminary Arrangements- This occurs before the actual mediation begins.  It includes the referral, the selection of a mediator, determines who will be in attendance, costs, and issues to be resolved.

2)  Mediator’s Introduction- Introduces the participants, describes the process, and sets the ground rules.

3)  Opening Remarks- A presentation of each side’s views are expressed to the mediator.

4)  Venting / Information Gathering- Inquiries are made from both parties and the mediator in effort to gain a better understanding of the issues and what caused them.

5)  Issue & Interest Identification- The mediator expresses the issues in agreeable terms in effort to heighten parties’ understanding, acceptance, and ability to find solutions.  Agenda setting, private caucus, listing options, and reality testing may ensue.

6)  Bargaining & Negotiating- The mediator helps the parties find trade-offs, which will hopefully lead to a settlement, the…

7)  Agreement, followed by closure (Kovach, 2005).

Some experts consider the opening remarks, venting and information gathering, and issue and interest identification as the most critical for a successful mediation process.  Each of these set the tone and basis of understanding and building toward a favorable resolution.  Once the disputants have openly voiced their concerns, they may begin to accept and respect one another.  If these steps are ineffective, the mediation is severely impaired.

References:

Kovach, K. (2005). The Handbook of Dispute Resolution. In M.L. Moffitt, R.C. Bordone,

            Mediation (pp.304-317). San Francisco, CA: Jossey-Bass.

Qualitative and Quantitative Data

Qualitative and Quantitative Data

            When examining the difference between qualitative data and quantitative data one must begin by defining the terms.  First, qualitative data refers to data collection expressed through incident description, actions, properties, levels, and procedures.  It characterizes and describes.  However, quantitative data is measured or calculated and is verifiable.  The results are numerically defined.  In addition, quantitative data collection is typically time and cost efficient and often considered more credible.  Yet, effectively communicated qualitative data may be deemed even more convincing.  Furthermore, it should be duly noted that generally this method requires a higher level of expertise and proficiency (Russ-Eft & Preskill, 2009).

            Qualitative data would be advantageous within an organizational assessment focused on the improvement of employee relations.  This would enable the researcher or consultant to analyze and consider behavior patterns, opinions, emotions, interpretations, and group dynamics.  The data would convey descriptions of incidents, organizational processes, and actions.

            Quantitative data would be beneficial within an organizational assessment based on defensive lines throughout the league.  As the researcher calculated the height, weight, and strength (generally determined by max bench and squats) of a given team versus their opponents, they could numerically assess which defensive lines were more dominant.  This is generally expressed by a defensive line’s average figures versus the opposition.

References:

Russ-Eft, D., & Preskill, H. (2009). Evaluation in organizations: A systematic approach

to enhancing learning, performance, and change (2nd ed.). New York:

Basic Books.       

Dispute Resolution Strategies

Dispute Resolution Strategies

       In effort to resolve conflict, disputants often utilize negotiation, mediation, or litigation.  The strategy selected depends upon the situation at hand, thus their utilization is tailored to fit the pending circumstances.  While some disputes may be resolved between the disputants, others may require a neutral third party or even a negotiation agent.  These dispute resolution strategies are designed in order for disputants to present their concerns in a calm, methodical manner (Helpful Strategies, 2010).

Negotiation serves as a “back and forth communication designed to reach an agreement between two or more parties with some interests that are shared and others that may conflict or simply be different.  It can be verbal or nonverbal, explicit or implicit, direct or through intermediaries, oral or written, face-to-face, ear-to-ear, or by letter or e-mail” (Moffitt & Bordone, 2005, p. 279).  Typically, “the parties to a dispute engage in back and forth discussions designed to reach a settlement” (Helpful Strategies, 2010).  Although “disputants will virtually never have identical interests…focusing on interests in common presents the opportunity to discover mutually attractive settlement options” (Moffitt & Bordone, 2005, p. 177).  This element of negotiation is joined with alternatives, options, legitimacy, commitments, relationships, and communication as well.  While the elements are definable and relative, their utilization may be overwhelming in the midst of interaction.  The most common of these interactions are as follows; positional bargaining, favors and ledgers, chicken, and problem-solving (Moffitt & Bordone, 2005).  Negotiation is common in usage and may be utilized in any of the following scenarios and so on:

1.      Rationing household chores, responsibilities, family outings, etc.

2.      Child custody

3.      Sales, i.e. cars, homes, open markets, etc.

4.      Employee strikes

5.      Contractual agreements

While many negotiations do not directly require the law, several others may.  As afore mentioned, child custody hearings and contractual agreements are examples of legal remedies utilizing negotiation.  Others span from divorce hearings and employee compensation, to international treaties between countries.  The fact that negotiation may be utilized to resolve day to day disputes between families, friends, and co-workers, and in addition, the court system to global conflict, makes it the most universal dispute resolution strategy (Moffitt & Bordone, 2005).

Another popular method of conflict resolution is mediation.  In this process, “a third party, the mediator, assists disputing parties in reaching a mutually agreeable resolution” (Moffitt & Bordone, 2005, p. 304).  The mediator is “skilled in identifying areas of agreement, assists disputants in identifying common interests, inventing options for mutual gain, clarifying and narrowing differences, and designing settlement terms that will work for all parties” (Helpful Strategies, 2010).  The mediation process entails several steps as listed below:

1.  Preliminary Arrangements- This occurs before the actual mediation begins.  It includes the referral, the selection of a mediator, determines who will be in attendance, costs, and issues to be resolved.

2.  Mediator’s Introduction- Introduces the participants, describes the process, and sets the ground rules.

3.  Opening Remarks- A presentation of each side’s views are expressed to the mediator.

4.  Venting / Information Gathering- Inquiries are made from both parties and the mediator in effort to gain a better understanding of the issues and what caused them.

5.  Issue & Interest Identification- The mediator expresses the issues in agreeable terms in effort to heighten parties’ understanding, acceptance, and ability to find solutions.  Agenda setting, private caucus, listing options, and reality testing may ensue.

6.  Bargaining & Negotiating- The mediator helps the parties find trade-offs, which will hopefully lead to a settlement, the…

7.  Agreement, followed by closure (Moffitt & Bordone, 2005).

As with negotiation, mediation may be utilized between family members, neighbors, students, co-workers, etc.  In addition, the judicial system also utilizes mediation.  With this considered, mediation is the second most common method of dispute resolution.  (Negotiation is more universal due to the fact that it does not require the use of a third party).  Legal matters resolved with the assistance of mediation include: divorce proceedings, victim offender mediation, property disputes, doctor / dental malpractice, or car accident cases (Grasp Mediation, 2010).

Lastly, litigation is a legal court proceeding which determines and enforces legal rights, to resolve civil disputes.  It normally involves several participants, the plaintiff and defendant, judge, jury, private investigators, consultants, et cetera.  The process is initiated by a formal complaint filed by the plaintiff to the court, and served to the defendant.  The defendant then responds or files a motion to the court on their behalf.  If the court refuses to recognize the motion, the defendant must adhere to the complaint, and the pre-trial stage ensues.  Evidence, witnesses, and legal theories are gathered, and the trial strategy is developed.  Next the trial begins.  Once the jury is selected (if applicable) attorneys make their opening statements, present their case, deliver closing arguments, then the judge or jury ponders the evidence and renders a decision.  However, this decision is not final until “all opportunities for appeal have been exhausted.  Once all opportunities for appeal have been exhausted, the last decision of the highest court that considered the case is final and binding upon all parties” (Moffitt & Bordone, 2005, p. 339).  Disputants seek litigation to resolve child custody, divorce settlements, property damage, breach of contract, criminal proceedings, etc.  Although litigation is common, it is utilized the least due to the fact that it is limited to the judicial system and often times, negotiation and mediation are utilized in effort to avoid litigation (Moffitt & Bordone, 2005).

References:

Helpful Strategies. Retrieved May 15, 2010, from

            http://www2.gsu.edu/~wwwomb/helpfulstrategies2.htm.

Grasp Mediation. Retrieved May 15, 2010, from

http://www.graspmediation.com/blog/2010/04/26/mediation-examples/.

Moffitt, M.L. & Bordone, R.C. (2005) The Handbook of Dispute Resolution.

            San Francisco, CA: Jossey-Bass.

Appropriate Dispute Resolution Procedures

Appropriate Dispute Resolution Procedures

 Determining the appropriate dispute resolution procedure for a given situation may be a difficult challenge.  Although the selection process is more art than science, “both theoretical and practical indications should guide this process choice” (Moffitt & Bordone, 2005, p. 386).  There are several factors to consider when choosing a strategy, such as which process is complimentary to both parties or to society as a whole, the climate in the environment of the conflict, the goals for the processes, etc.  Of the “four principal attempts to develop a taxonomy for deciding which process is best for a dispute” (Moffitt & Bordone, 2005, p. 389), the following shall consider the Dauer model and the CPR approach.

            To begin with, the Dauer model does not specify any particular dispute resolution process for consideration, yet it focuses on the characteristics of the case, the attributes of the parties, features of the environment, and the barriers to settlement (Moffitt & Bordone, 2005).  Characteristics of the case may be inclusive of contracts, third parties, court-relative or out-of-court processes, etc.  The parties’ individual understanding, age, position / occupation, and relation to one another, also determines what type of process will be chosen.  As far as the environment is concerned, “one should determine the dispute resolution climate in the place of the dispute” (Moffitt & Bordone, 2005, p. 388).

Is this a work environment, a public or private school, a household, within a government office, between neighbors, or a community issue?  State and federal laws coupled with cultural acceptance must be taken into account as well.  Then, what are the barriers to the settlement?  Is this issue time contingent, how many resources are available to either party, are both parties competent enough to represent themselves, or is travel involved, are examples of possible obstacles when deciding which process to select.  Utilizing the Dauer model is most effective when the parties are unfamiliar with one another, loosely related, and / or the environment is uncommon.  This strategy is applicable in the following scenarios;

1. A store owner is debating with the salon owner next door over customer-parking.
2. An Islamic student is denied the right and time to pray during the school day.

The Dauer model would help to secure a desirable outcome for the disputants in either scenario because it helps to define the issue and / or the common goal (adequate parking / individual religious rights versus interrupting the educational system), pinpoints any potential impediments (property rights, street zoning / school and county by-laws), and will determine what type of third party assistance may be required (landlord, county zoning agents / private attorney, school and government officials).  Negotiation may be utilized initially in scenario one, however if unsuccessful mediation or arbitration may be sought.  In scenario two, mediation should be the first step, followed by arbitration if unsuccessful.

            Secondly, the CPR approach is tailored towards mediation within business disputes.  It focuses on the parties’ goals for managing the dispute, how suitable the dispute is for problem-solving, the potential benefits of mediation, and the possible contraindications for mediation (Moffitt & Bordone, 2005).  One must consider what each party desires to accomplish or achieve throughout or as a result of the ordeal.  Also, does the conflict in question lend itself to be resolved by a process of mediation?  Or is this issue a win / lose scenario?  How would mediation improve or better the situation?  In addition, why would the disputants utilize mediation?  For what reasons?  Utilizing the CPR approach would be beneficial under the following circumstances;

1. Co-workers having difficulty sharing a common work area.
2. An unwanted sexual advance between co-workers.

The CPR approach is beneficial in either situation due to the fact that it pinpoints the desirable goals of the disputants (suitable time and utilization of resources on hand / a comfortable work environment), identifies whether or not the dispute may be resolved by problem-solving (creating workable solutions and suitable conditions), identifies the benefits (cost and time efficiency / sets the stage for future success and workability), and identifies the necessity for mediation (to resolve the issue between the opposing parties by the use of a neutral third party mediator).

            Possessing the ability to select “these informal conflict resolvers make a significant impact upon organizations either by resolving the conflict or channeling it to a formal mechanism” (Taylor, 2000).  This capability benefits household, community, and societal disputes as well.  Although it may be challenging, utilizing these selection strategies will help secure a desirable outcome for the disputants.

References:

Moffitt, M.L. & Bordone, R.C. (2005) The Handbook of Dispute Resolution.

            San Francisco, CA: Jossey-Bass.

Taylor, M. Informal Conflict Resolution: A Workplace Case Study. Retrieved

May 22, 2010, from http://www.mediate.com/articles/taylor.cfm.

ADR Strategies in Organizations

Alternative Dispute Resolution Strategies in Organizations

            Within organizations, there exists a need for the usage of alternative dispute resolution strategies.  How an organization chooses to approach the dispute, problem-solve, and determine resolutions depends on the nature of the establishment.  “In particular, relationships and power distribution can encourage individuals to take either direct or indirect approaches, to use either formal or informal procedures, and to take either collective or individual actions to address conflict” (Moffitt & Bordone, 2005, p. 233).  When dealing with varying personalities, hierarchy systems, differing groups and positions, utilizing the proper strategy is key.  “Maintaining productive ongoing relationships in the context of conflict is a skill critical to success…inevitably, parties to every relationship will face some disagreements or confront somewhat incompatible interests and needs” (Moffitt & Bordone, 2005, p. 97).  Therefore, it is vital for organizations to pursue the options tailored to fit the structure of the circumstance and the disputants involved in order to “increase the chances of value-creating resolutions and…maintain or even enhance the prospects for dealing with each other productively in the future” (Moffitt & Bordone, 2005, p. 97).

            These alternative strategies; direct versus indirect, formal versus informal, and individual versus collective, require certain resources within their respective processes:

1. Direct- face to face negotiations, group discussions, formal procedures; arbitration and mediation
2. Indirect- active evasion, avoidance, passive tolerance, limited interaction
3. Formal- mediation, ombuds offices, peer view panels
4. Informal- direct negotiation, informal mediation, conflict avoidance, tolerance of the situation
5. Individual- one on one assessment and resolution, possible mediation
6. Collective- unionization, boycotts, social movement demonstrations, petition generation, team interventions (Moffitt & Bordone, 2005).

The benefits associated with alternative dispute resolution strategies in organizations

are as follows:

1. Direct- guarantees that everyone involved recognizes and participates in the resolution process.
2. Indirect- N/A: avoiding an issue only prolongs the disturbance and has the potential to escalate the conflict out of control. Problems do not solve themselves.
3. Formal- ensures due process protection, creates a systematic structure for conflict resolution which improves fact-finding and reduces bias, deters violations
4. Informal- disputants have complete control over the circumstance / dispute, time and cost efficient
5. Individual- limits confusion, maintains a direct focus on the issue, time efficient
6. Collective- generates social power (Moffitt & Bordone, 2005).

References:

Moffitt, M.L. & Bordone, R.C. (2005) The Handbook of Dispute Resolution.

            San Francisco, CA: Jossey-Bass.

Alternative Dispute Resolution

ADR

           Currently, on a global scale, alternative dispute resolution processes are utilized throughout business and government alike.  “Increasingly, the international business community is using arbitration to resolve commercial disputes arising in the global marketplace” (American Arbitration Association, 2010).  The American Arbitration Association created The International Centre for Dispute Resolution (ICDR), which “is premised on its ability to move matters forward, facilitate communications, ensure that qualified arbitrators and mediators are appointed, control costs, understand cultural sensitivities, resolve procedural impasses, and properly interpret and apply its International Arbitration and Mediation Rules” (American Arbitration Association, 2010).  “Companies that engage in domestic mediation to solve problems want the same options for dispute resolution with overseas customers or clients” (Moffitt & Bordone, 2005, p. 443) as well.

In addition, globalization has led to standardizing terms of arbitration, negotiation, and litigation thus increasing judicial cooperation.  Arbitration, whose roots developed from international commercial dispute resolution, continues to serve as a method “for dealing with commercial disputes across borders when domestic laws” (Moffitt & Bordone, 2005, p.446) are differing and obscure.  International diplomacy, international relations, and foreign affairs utilize dispute-settlement negotiation and deal-making negotiation in order to settle hostage situations and foreign arrests, or to craft treaties.  Also, international mediation “has become even more institutionalized and promoted as an alternative to warfare” (Moffitt & Bordone, 2005, p.444).

In the future, alternative dispute resolution practices will continue to resolve business and commerce issues, border conflicts, etc.  As the world continues to connect, varying individuals, businesses, and government, through globalization and increased communication technologies, conflict will increase requiring ADR to be utilized in abundance on a grand scale and force these strategies to evolve in the process.

References:

American Arbitration Association. Dispute Resolution Services Worldwide. Retrieved

            May 27, 2010, from http://www.adr.org/icdr.      

Moffitt, M.L. & Bordone, R.C. (2005) The Handbook of Dispute Resolution.

            San Francisco, CA: Jossey-Bass.