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Difference between conflicts and disputes
not all conflicts involve disputes, but a dispute always involves conflicts and is made up of 3 elements
Conflict is the result of
incompatible aspirations
Aspirations
hopes and desires that develop from our underlying interests
Positive functions of conflict
releases tension
promotes growth
regulates distance between people
acts as path to intimacy and personal gain
prevents stagnation
Problem with imposed conflict solutions
suppresses needs and aspirations of disputants
causes individual problems to intensify
Dispute results from aspirations combined with the following 3 criteria
perceiving incompatible aspirations
blaming opposition as injury
claiming redress for injury
Seeing conflict as problematic leads to the belief that
an authoritative 3rd party should resolve it
Seeing conflict as symptom of unmet aspirations is more likely to lead to wanting dispute resolution to
clarify, examine, and incorporate aspirations into the solution
seeing disputants as the ones who know their aspirations and are best equipped to state their needs and interests
Two most common responses to conflict
argumentative approach
cooperative problem solving
4 responses to conflicting aspirations
ignoring
yielding
contending
cooperative problem solving
Contending aka
argumentative approach
Ignoring
disputant ignores or avoids the conflict and shows they don’t consider their aspirations worth the confrontation
Object of ignoring
not to participate/engage
Yielding
disputant accepts the other party’s aspirations as more important than their owon
Object of yielding
to participate and then give up
Contending
each disputant uses combative techniques to contend the other side’s aspirations
each seeks to fulfill their respective aspirations
Object of contending
to win
Cooperative problem solving
everyone focuses on each side’s aspirations to find a mutually beneficial solution
Object of cooperative problem solving
for both parties to win
In argumentative approach, conflict is seen as
a problem that needs ending
Disputants in argumentative approach view conflict as - thinking which assumes there is only -
either/or
1 solution to a conflict
Steps of argumentative approach
each develops a thesis
each makes a case for their thesis
each adopts a stance for their thesis
competitive clash of ideas leading to synthesis of best of both positions
What rules are used when arguing with winning as the goal
rules of natural justice
Rules of Natural Justice (3 elements)
parties present their case
parties challenge/attack the other’s case
parties defend their case
What ACTUALLY happens in the argument process
each side becomes more rigid and adversarial and starts to work on either/or basis
Costs of argument approach
loss of trust
end of active listening
damage to relationship
leaves out the yielders
energy goes into justification
polarization of viewpoints
Cooperative problem solving sees conflict as
part of relationships and cultures
opportunity for change and growth
Cooperative problem solving moves from either/or to -
both/and
Both/and thinking assumes
there are multiples solutions
Energies of disputants in cooperative problem solving go into
increasing awareness of the other side and finding mutually beneficial solutions
Features of cooperative problem solving
trust
awareness
brainstorming
5 principles of cooperative negotiation were developed by
Fisher, Ury, and Patton and Harvard Faculty of Law
5 principles of cooperative negotiation
separate people from the problem
focus on interests, not positions
invent options for mutual gain
use objective criteria
BATNA
BATNA
best alternative to the negotiated agreement
Benefits of cooperative approach (leads to both/and thinking which in turn…)
each frame of reference is validated
possibility of mutually beneficial solution through creativity