Chapter 1: Conflict Resolution Introduction

conflict resolution (CR)

refers to the various ways in which people or organizations deal with social conflict

social conflict

exists when two or more parties have differences in beliefs, values, positions, or interest, whether the divergence is real or perceived

-deliberate choice of language is crucial

forcing

using formal authority or other power that you possess to satisfy your concerns without regard to the concerns of the party that you are in conflict with

accommodating (smoothing)

allowing the other party to satisfy their concerns while neglecting your own

avoiding (withdrawing)

not paying attention to the conflict and not taking any action to resolve it

compromising

attempting to resolve a conflict by identifying a solution that is partially satisfactory to both parties, but completely satisfactory to neither

collaborating

cooperating with the other party to understand their concerns and expressing your own concerns in an effort to find a mutually and completely satisfactory solution (win-win)

party

adopted from legal jargon, refers to any individual, group or corporate entity

interested party

party who has a direct interest in how a conflict is resolved

negotiation

any manner in which two or more parties interact with each other in order to deal with a conflict situation

simple negotiation

the conflict and communication both flow directly between the parties to the conflict

-negotiation and bargaining are used interchangeably

advocate

person who acts in support of an interested party during negotiation, litigation, or another conflict resolution process

-in divorce situations, both parties have their own advocates (attorneys)

third parties

play a role in the conflict resolution process, but do not have a direct interest in the specifics of the conflict

expert/consultant

professional who provides information, expertise, or advice to one or both interested parties to help them resolve a conflict

-does not facilitate communication or direct the process of conflict resolution between the parties

-act as a form of education

evaluator

another expert role that helping professionals frequently assume

facilitator

professional who assists with communication between parties to a conflict

-includes bringing the parties together, providing a space for discussion, clarifying misunderstandings, encouraging joint problem solving, and assisting each party to hear the others

mediator

third party who assists the interested parties in negotiating a conflict

-control the mediation process but do not have authority to decide the outcome for either parties

-some use mediation and conciliation interchangeably

-others distinguish conciliation as a process that is outcome oriented (to facilitate settlement) vs mediation that is process oriented (to facilitate better relationships and deal with underlying psychosocial issues)

conciliation

used most frequently to refer to services that are attached to courts, tribunals, or other mandated government agencies

-most prefer mediation

healer

facilitator who helps parties work through the underlying causes of conflict

-psychotherapists, clergy, and elders within certain cultures

-specifically focus on underlying psychosocial and spiritual issues

-helping people listen sensitively to one another, explore taboo behavior that victimizes other groups, improve self-understanding, accept responsibility, provide apologies, reconcile previous relationships

arbitrator

independent third party who hears evidence from the conflicting parties and determines an appropriate resolution for them

-if represented by advocates, advocates would communicate with arbitrator

administrator

professional who assists with implementation of the resolution of a conflict

-someone who manages the employees and resources of an organization

buffer

individual or agency that separates conflicting parties during an intense, destructive phase of conflict

-provide a physical barrier between two warring factions in order to stabilize a situation

-temporary, designed to allow time for other conflict resolution processes to work out a more permanent solution

penalizer

individual or agency with the power to impose sanctions on parties for misconduct

alternative dispute resolution (ADR)

conflicts range from mild differences, to disagreements, to campaigns, to litigation and fighting

dispute resolution

formal institutions that provide conflict resolution services, particularly within law-related systems

conflict resolution

implies that the purpose of intervention is to resolve or end the conflict

-some prefer conflict management because it suggests that conflict is an ongoing phenomenon to be dealt with in a strategic manner

conflict transformation

used to describe processes that focus people on more constructive ways of dealing with conflict in their relationships

conflict engagement

suggests that the purpose of intervention is to engage people in conflict more effectively

theoretical context

to trace the roots of conflict resolution, we need to consider whether we are talking about conflict resolution was a theory, discipline, or technique of practice

contractual conflict resolution

refers to models of practice in which the professional is specifically hired as a conflict resolution practitioner

emergent conflict resolution

occurs when a helping professional uses skills and strategies of conflict resolution but is not specifically hired as a conflict resolution specialist

psychology

provides many theories on the etiology of conflict: personality theories, communications theories, behavioral theories, decision making theory, cognitive theory, attribution theory, reactive devaluation theory, systems theories, sociocultural theories, problem solving and developmental theories

business administration

-long history of using mediation and arbitration

-role of management is basically conflict resolution: how to manage people and how to manage other resources of the enterprise

law

Anglo-American legal system was based on an adversarial model of CR, with justice based on an analysis of the rights of individuals

-conflicting parties could bring their conflicts to court for determination of rights and resolution prescribed by a judge

-most lawyers help clients by negotiating contracts or other legal agreements in order to prevent potential conflicts or to resolve disputes once they have arisen

education

does not have a definitive theory of CR, though it has been a leader in development of educational materials and models of peer mediation

-many components from CR theory can be traced to constructs in education

-translates abstract theory and complicated processes into terms that can be easily understood by children as young as 3 or 4

social work and related professions

similar to education in that it plays an important role in CR but borrows from many other disciplines

political science and strategic studies

analyze how governments, nations, social movements, and other political institutions respond to conflict

radical perspective

may be familiar with a conflict model of practice

-practitioner’s role is to agitate conflict in order to stimulate social change

eclectic and integrative approaches

practitioner assesses the situation and selects theories or models of CR that best fit the situation

-looks for ways to integrate or combine the best features of various approaches

safe classroom and constructive feedback

to foster a safe atmosphere in the classroom, offer your colleagues unconditional respect and constructive feedback