Conflict & Conflict Resolution

4 Categories


Most Common Incorrect Assumption:

  • We should avoid conflict

    • Trying to stop all conflict is a waste of time and energy

    • Conflict can have either constructive or destructive effects


Different Types of Conflict:

  • Intrapersonal - conflict that occurs within a person

    • Conflicts are often about questions of integrity, values, and ethnics (doing the right thing vs what you want to do)

    • Devil vs Angel Scenario

  • Interpersonal Conflict - conflict between two or more people

  • Intragroup Conflict - conflict within a given group

    • Sports Team Conflicts (Ex: Seniors who care vs new people that dont)

  • Intergroup Conflict - Conflict between groups

    • Team vs Team conflict


Escalation of Conflict

  • Conflict usually escilates when

    • Others get involved

    • someone feels threatened

    • Important needs are not acknowledged and or met

    • No interest in maintaining a relationship

    • History of unproductive effort

    • People don't have or don't use conflict resolution techniques


De-escilation of Conflict

  • A conflict will de=escalate when:

    • People focus on the problem, not the person

    • Emotions are expressed directly

    • any threats are reduced or eliminated

    • there is a history of cooperation

    • needs are discussed openly

    • people use conflict resolution skills


Perspectives on Conflict

  • 3 Categories of Perspectives

    • Traditional

      • Considers conflict as harmful, negative, associated with violence and destruction, sign of a malfunctioning of the group

      • Conflict arises from poor communication, lack of trust and openness, failure of manager to fulfill needs of employees

    • Interactionist

      • Considers conflict as acceptable and to be encouraged to some extent, positive, essential for performance

      • Absence of conflict makes groups stagnant, lethargic, non-responsive to change

    • Human Relations

      • Conflicts are inevitable and fouses on productively resolving them

        • Intereactionist perspective was criticized

        • Workplace conflicts are not always productive, cause emotional disruption, task conflicts soon turn to relationship conflicts, cause stress, and reduce trust and cooperation.


Three Types of Workplace Conflict:

  • Task Conflict

    • Contents and goals of work

  • Relationship Conflict

    • Interpersonal relations between people

  • Process Conflict

    • How the work should be done


Causes of Workplace Conflict:

  • Different points of view

  • Different ways communicating

  • Long periods of time together

  • Interdepedency to get job done

  • Expectations that are not communicated, then not met


CH1 Understanding Workplace Conflict

  • 5 reasons why conflict matters

    • Psychological effects

    • Physiological effects

    • Carry over beyond workplace

    • Costs

      • Time

      • Exposure to costly litigation and plaintiff awards

    • Workplace violence

  • Essence of conflict

    • Disagreement

    • May be real or perceived

    • Interdependence of parties

      • Mutual effort required for resolution

    • Psyologically impacts at least one party

    • May or may not result in an observable response


How we deal with conflict at work

  • Handling our own personal conflicts

    • peers

    • subordinate

    • superiors

    • customers, contractors, and others

  • Assisting others to cope with conflict

    • coworkers

    • clients (if you are a dispute resolution practitioner)

  • Developing or administering conflict management systems


Anytime people work together, conflict happens.


Sources of workplace conflict:

  • Scarce Resources - competing for available sources

  • Personality Clashes - differing personalities

  • Poor Performances - one or more people performing poor

  • Discipline or Termination - people disputing or disagreeing with this


The Workplace

  • Any setting in which work is performed

    • increasingly seamless

  • Can be common physical site or another medium through which work is performed


Three Effects of Workplace Conflict

  • Personal

    • Psychological, emotional behavior

  • Professional

    • future opportunities to advance at stake

  • Organizational

    • Increased costs, decreased productivity and exposure to risks


Common Methods to manage conflict

  • Litigation

    • Filing a lawsuit and proceeding to court where a judge or jury will make a ruling based on evidence and testimony

  • Negotiation

    • The parties work out a mutually agreeable solution

  • Mediation

    • A third party assists parties in developing their own solution

  • Arbitration

    • A third party decides who is right/wrong; can be a non-binding decision (rare and often called advisory arbitration) or binding (much more common and virtually impossible to appeal or overturn)

  • Ombuds

    • A person conducts an investigation and attempts to assist the parties in settling dispute


Arbitration vs Litigation

  • Arbitration cannot be appealed but is cheaper.

  • Litigation can be appealed but is more expensive.

Arbitration vs mediation

  • Arbitration: choosing a side

  • Mediation: middle ground


CH2 - Diagnosing Conflict

sources for producing conflict → indicators of conflict → measures (costs)


Manager’s Conflict Diagnosis:

  • Step 1) Conflict stressors - used to determine the causes of driving conflict and the extent to which they are prersent in the organization using a sale ranging from not present to high

    • Ex: downsizing, ongoing litigation, profit losses, merger or acquisition, expanding workload, new work technology being implemented,

  • Step 2) Conflict Indicators - determine the extent to which they are impacting the organization on a scale from “not a problem” to “very serious problem”

    • Ex: Recruiting new hires, absenteeism, tardiness, turnover, customer satisfaction, grievances, EEO complaints, theft, employee satisfaction or engagement survey results

  • Step 3) Costs of Workplace Conflict:

    • Direct costs (labor, overhead, litigation settlements, replacement, workers comp, health care, security)

    • Indirect Costs (quality defects, lost productivity, lost revenue, compensation premium, excess capacity)

    • Opportunity Costs (missed opportunities)


The Employment Relationship

Conditions:

  • An express or implied agreement exists where

    • One person (employee)

    • performs service or does work

    • under the direction or control of another (employer)

    • in exchange for compensation


Two employment relationships in the US:

  • Employment is “at will” and can be terminated at any time

    • No union or employment of contract

    • ~90% of workforce*

    • Can be fired for good reason, bad reason, or no reason

      • Uniquely American concept

        • No predetermined time or duration of employment

        • Relationship is terminable “at will”

      • Does not apply to

        • employees who are members of a labor union

        • non-union employees who have an employment contract for cause or just cause termination only

    • 3 Major Exceptions (note: burden of proof in employment at will cases rests on plaintiff [terminated employee])

      • Termination violated public policy

        • An employee is wrongfully discharged when the temrination is against an explicit, well established policy of the State

          • ex: firing an employee in most states for filing workers comp after legitimately being injured on job or refusing to violate law at request of employer

        • Recognized in 43/50 states.

      • Express or implied guarantee of continued employment

        • Applied when an implied contract exists between an employee and employer even though no express written instrument regarding the employment relationship exists

        • Employers sometimes make written or verbal representations to employees regarding a job security or procedures that will be followed when adverse actions are taken

        • Recognized in 38/50 states.

      • Theory of implied covenant of good faith and fair dealing

        • This exception essentially requires that the employer deal with termination in decisions in good faith and fairness

        • Judgement have been haphazard ranging from requiring just cause to prohibiting acts of malice in termination decisions

        • Recognized in 11/50 States

  • Employer must have “cause” or “just cause” to terminate or impose disciplinary action

    • Union or employment contract

    • ~10% of workforce*

Discriminatory Discharge

  • Illegal if

    • Employee is in a protected category

    • AND Can prove employer had discriminatory motive

  • Protective legislation examples

    • Title VII - Civil Rights Act

    • Age Discrimination in Employment Act

    • Americans with Disability Act


Employer Reactions to Challenges

  • “At will” employment application statements

  • Employee handbooks revised to remove any language that could possibly be constructed to be a promise of continuous employment

  • Termination recommendation review and decision making procedures refined and proper documentation is required

  • Anti-harassment policies created, distributed, periodic refresher training provided to employees

  • Written warnings and other progressive discipline steps established


The Just Cause Standard for Discipline and Discharge

  • Standard found in most company/labor union contracts

  • Employer agrees to not discipline or discharge unless there’s just cause


7 Tests of Just Cause

  • 1) Was the employee adequately warned the consequences of their conduct?

  • 2) Was the employer’s rule or order reasonably related to efficient and safe operations?

  • 3) Did management investigate before administering the discipline?

  • 4) Was the investigation fair and objective?

  • 5) Did the investigation produce substantial evidence or proof of guilt?

  • 6) Were the rules, orders, and penalties applied evenhandedly and without discrimination?

  • 7) Was the penalty reasonably related to the seriousness of the offense and the past record?


Interest Based Disputes

  • Disagreements that affect what people want or need to receive relative to their employment

  • Typical examples include disputes over:

    • Work assignment

    • Performance evaluation

    • Scheduling

    • Promotion

    • Compensation


Rights-Based Disputes

  • Disagreements that affect what people believe that they are entitled to receive relative to their employment. They can be:

    • Legally protected

      • Statues, regulations, court decrees

    • Unwritten common laws

      • Employment at will

    • Employers’ practices, policies, contractual agreements


Litigation

  • In the US, litigation is still the dominant method in which disputes are resolved when negotiations fail

  • In virtually all other developed countries mediation and or arbitration are primary methods

  • Most adversarial (unfriendly) means to resolve a dispute

  • There can only be one winner and there’s always at least one loser

  • Often damages or destroys relationships

  • Frequently even the “winner” suffers through the process


3 Approaches to Dispute Resolution

  • Reconciling the interests of parties (interest-based)

    • interests: things that one cares about or wants

    • needs, desires, concerns, fears, etc

    • underlie people’s positions (the tangible items they say they want)

    • Reconciling usually requires negotiation

      • probing for deep seated concerns, devising creative solutions, making tradeoffs or concessions where interests are opposed

    • mediation is another interest-based procedure

  • Determining whose right (rights based)

    • required reliance on an independent standard with percieved legitimacy/fairness

    • rights may not be clear- sometimes different and contradictory standards apply

    • almost always requires the intervention of a third party to make a final determination

      • public adjudication through courts or administrative agencies

      • private adjudication provided by arbitrators

  • Determining which party is more powerful (power-based)


Negotiation

  • a social process that can be analyzed, understood, and modeled

  • a learnable and teachable skill set

  • The most effective approaches to teaching negotiations integrate both intellectual analysis and skill development

  • 2 Delemnas:

    • Honesty - how much truth to tell the other party

    • Trust - how much do you believe the other party is telling you

  • Deception by omission vs commission

    • Omission - failing to disclose info that if shared would benefit other party

    • Comission - lying abt an issue

  • Most effective way to negotiate is FACE TO FACE due to deciphering body language, pick up signals, etc

  • Anchor: first offer made in a negotiation

    • Anchoring bias: cognitive bias that causes us to rely heavily on the first piece of information we are given about something. this can skew judgement.

  • Counteroffer: resposne to the anchor

  • concessions: subsequent offerse made by the parties that move closer to their partners last offer

  • Optimun goal: aspiration / best possible outcome obtainasble

  • Target: starting point when beginning bargining / anchor or initial counteroffer

  • Minimum Goal: least favorable outcome you will do before you walk away / reservation point

  • BATNA: Best alternative to a negotiated agreement

    • Best course of action available to you if the negotiation you end up preparing for does not reach an agreement

    • Plan B or fallback position

    • Determines the point which you can say no to a unfavorable proposal

    • Negotiating without first determining your BATNA typically results in post-agreement remorse

    • Your BATNA is NOT FIXED, nor is your counterpart’s.

How to determine your BATNA for a negotiation:

1) List your alternatives.

2) Evaluate your alternatives.

3) Establish your BATNA.

4) Calculate your reservation value.

Crucial Factors to Consider:

  • Cost, feasibility, impact, consequences

Zone of Possible Agreement (ZoPA)

  • range in a negotiation where two or more parties can find a common ground

  • bargaining range/zone

Leverage (3 Types)

  • Needs based / positive leverage - every times a party says i want, you should hear the plesant sound of a weight dropping on your side of the leverage scales

  • Negative leverage - threat based and related to prospect theory (loss adversion)

  • normal leverage - derived from the consistency principle, which party has the most to lose from no deal

Leverage is a dynamic factor based on perception as a fact

Two Approaches to negotiation:

  • Distributive - traditional, positional,

  • Integrative - joint problem solving, win-win