Lecture 6, Diagnosis-Conflict Management-Lecture Notes, Study notes of Conflict Management

Download Lecture 6, Diagnosis-Conflict Management-Lecture Notes and more Study notes Conflict Management in PDF only on Docsity! 23 Lesson 6 CONFLICT DIAGNOSIS Quotation If you are patient in one moment of anger, you will escape a hundred days of sorrow. (A Chinese proverb) Do not find fault, find a remedy. (Henry Ford) In this lecture will we will try to understand the various perspectives of conflict in order to diagnose the conflict. We will also familiarize with the concept of ADR which might be new for you people. Introduction Conflict Conflict is everywhere. It is part of everyday life. Some periods of conflict provoke periods of great creativity. Competition is a form of conflict and it helps individuals, groups, communities, societies, and countries to outpace others; and excellence comes out, as a result. Conflict may be constructive as well as destructive. We already have discussed a lot about the conflict in previous lectures. Conflict Diagnosis Conflict diagnosis is a structured process for understanding and responding to interpersonal conflicts, disputes, and transactions. Conflict diagnosis provides a rigorous and clear framework for understanding and appreciating the multiple facets of any conflict. It also serves as a clear guide for the development of strategies for addressing conflict, including the selection of dispute resolution processes and providers. In a sense, conflict diagnosis provides the basis for designing methods of producing maximally good conflict in any conflict situation. Conflict resolution poses the most pain and the least gain when the parties are able to cooperate rather than having adversarial approach. Perspectives on the Handling of Interpersonal Conflict An evaluation of interpersonal conflict depends on how it is handled. Conflict diagnosis allows the user to choose the best blueprint and the best tools to handle a conflict well. Conflict can have positive and negative consequences. Perspective is critical in discussing positive and negative consequences of interpersonal conflict. a. Time perspective . Short-term . Intermediate-term . Long-term b. Person perspective . Individual-disputant . Joint-disputant . Systemic . Institution or society-wide c. Issues perspective . Process versus outcome . Narrow versus broad focus . Monetary or economic versus non monetary, tangible or intangible . Prospective versus retrospective docsity.com 24 Who Needs to Know About Conflict Diagnosis? Everyone can benefit from understanding conflict diagnosis. Legal and dispute professionals, such as lawyers, paralegals, professional negotiators, and others involved in dispute resolution, need to know the principles of conflict diagnosis, so that they can do their job intelligently. I. Conflict gamers and conflict phobics Conflict gamers love interpersonal conflict and feel the most alive when up to their necks in it. They don’t seem to meet to prepare for a negotiation- their innate personality and temperament alone seem to be preparation enough. They jump at the chance for a rumble. In a negotiation, they seem utterly fearless. They are always ready to inflict punishment on their adversaries. After litigation is over, win or loose, over drinks or lunch conflict gamers express what a profound pleasure it all was, what a rush, and how it resembled the happy days, they once spent in high school. On the other hand for a conflict phobic, the conflict diagnosis has many important advantages to offer. It will give a clear guidance when conflict arises. It will help the conflict phobic to understand what to do when he/she feels unprepared and don’t know how to prepare. II. Conflict professionals Conflict diagnosis is also for conflict professionals and professionals-in-training seeking to enrich their understanding of their field. For example for a lawyer, a judge, a paralegal etc. the course will help a lot in diagnosing conflict and applying ADR techniques for conflict management. Applying theses techniques to conflicts enable conflict professionals to find the magic keys to unlocking their clients’ potential power to settle their differences. Why Conduct Conflict Diagnosis? Conflict diagnosis empowers and calms “conflict phobics”. It provides additional options for “conflict gamers”. It allows better choice of dispute resolution processes. Steps in Conflict Diagnosis 1. Describe/map the conflict 2. Identify sources 3. Analyze interests 4. Characterize the conflict 5. Consider trust 6. Identify impediments to settlement 7. Address negotiation styles and preferences 8. Consider power 9. Identify/maximize the Best Alternative To a Negotiated Agreement (BATNA) 10. Consider diversity issues 1. Describe/map the conflict Map out the conflict, identifying the roles of the participants. 2. Identify sources Identify the sources and the causes of the conflict 3. Analyze interests Identify each participant’s aspirations, positions, interests, principles and values and basic needs and consider how they interrelate logically. Identify any linked conflicts and consider how the conflicts affect one another. docsity.com