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