Creating Effective Systems for Managing Conflict

Harry Webne-BehrmanUW-Madison Office of Human Resource Development

hwebnebehrman@ohr.wisc.edu, 608-262-9934

Leadership & Management Development ConferenceOctober 21, 2009

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Desired Learning Outcomes

To identify formal, informal, and ‘non-formal’systems and strategies that managers can use to address conflicts To realistically assess opportunities for implementation that exist within our budget constraints, legal/policy parameters, and staff resources

What is Conflict?

We define conflict as a disagreement through which the parties involved perceive a threat to their needs, interests or concerns:

DisagreementParties involvedPerceived threatNeeds, interests or concerns

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What is Conflict?

In conflict, the parties perceive a threat to their needs, interests, or concernsThey perceive finite resources, limited options, and limited solutions People respond to the perceived threats, rather than to an “objective” reality

Needs in Negotiation

Substantive needs = the “stuff” of the conflict… typical definition of problemProcedural needs = how we foster a fair and well understood process… “Ground Rules”Psychological needs = concerning trust, honesty, safety, security, integrity

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Needs in Negotiation

procedural

psychologicalsubstantive

Discussion:What are some important conflicts that you face in your organization?In what ways are they addressed?What works? Describe an effective response to a conflictBarriers/ challenges: What gets in the way of an effective response?

***Personal, interpersonal, structural challenges

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Personal Responses to Conflict

Behavioral Responses:CompetingAccommodatingAvoidingCompromisingCollaborating

Emotional ResponsesPhysical ResponsesCognitive Responses

Organizational Approaches to Conflict Management

Formal Strategies:Grievances, bargainingAdministrative ProcessesLitigationEmployee Assistance Office, Ombuds Office, Office of Quality Improvement

Informal Approaches:Talking to ‘helpful people’Ad hoc responses by managers and colleagues to situations ‘as they arise’

“Non-formal” Programs:Peer-driven staff facilitation and dispute resolution programsCommunities of practice and coaching circles

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Focus on the Behaviors

Beliefs

Attitudes

Behaviors

Collaborative Negotiation Model

1. Prepare to Negotiate2. Understand Initial Positions3. Seek Underlying Needs and Interests4. Generate Possibilities – Options for

Solutions5. Build an Interest-based Agreement6. Implement, Assess, Review

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Active ListeningAssertive CommunicationFlexibility in Problem SolvingCollaborative NegotiationManaging Impasse

*** What opportunities exist to learn and practice these skills in your organization?

The Key Skills of Conflict Resolution

Interrelationships Among Interests, Rights, and Power

(adapted from Ury, Brett, and Goldberg, Getting Disputes Resolved)

Interests

Rights

Power

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Moving from a Distressed to an Effective Dispute Resolution System (adapted from Ury, Brett, and Goldberg, Getting Disputes Resolved)

Interests

Rights

Power

Interests

Rights

Power

Distressed System Effective System

Dispute Systems Design Principles(Adapted from Ury, Brett, and Goldberg, Getting Disputes Resolved)

Put the focus on interestsBuild in ‘communication loops’ among layers of negotiationAddress power and rights issues at the lowest feasible costBuild in consultation before (pre-negotiation), feedback after (‘check back’)Seek necessary leverage and influential resources to encourage constructive behaviors

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Sources of Power in Conflict

Positional CoerciveExpertiseNormativeReferentialHow do these get expressed in conflict

management systems?

Power Disparities (continued)

Clarify conditions required to promote an affirming negotiation climateConsider alternative modes of communicationBuild an “empowering agenda,” rather than an “enabling agenda”Stay aware of BATNA…

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Mapping the Conflict: What’s Going On?

Who are the key stakeholders?Who are ‘interlopers’ whose role appears to be over-emphasized?

What are the key interests of stakeholders?In what ways do we see power being utilized to polarize, or to find common interests?What are key leverage points in the conflict system?

What incentives appear to exist to resolve the dispute, or to perpetuate it?

Needs of Parties Engaged in Conflict Resolution Processes(adapted from Bernie Mayer, Beyond Neutrality)

Those engaged in mediation and other ADR processes have six salient needs:

VoiceProcedural justiceVindicationValidationImpactSafety

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Case Studies – Successful Transformations of Dispute Settlement Systems

What can we learn from these experiences?How might they be applied to our own settings?

Next Steps: What do we do with this stuff?

“Teachable moments” present opportunities to share, model, and practice skillsIntentionally utilize appropriate dispute settlement systems (formal, non-formal, informal) to respond with greatest effectivenessTrain managers (especially) and other staff in the skills of conflict resolution

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Read More About It…

Ury, Brett, and Goldberg, Getting Disputes Resolved (1989)Bernie Mayer, Beyond Neutrality (2004)Fisher and Ury, Getting to Yes (1976, 1991)John Paul Lederach, The Moral Imagination(2005)Michelle LeBaron, Bridging Cultural Conflicts(2003)

… and other readings in the Bibliography

Bibliography: Conflict Resolution and Communication Bridges, William, Managing Transitions: Making the Most of Change, Addison-Wesley Publishing Company, Reading, MA, 1991. Crum, Thomas, The Magic of Conflict, Simon and Schuster, 1998. Fisher, Roger and Brown, Scott, Getting Together: Building Relationships as We Negotiate, Penguin Books, 1988. Fisher, Roger and Ury, William, Getting to Yes: Negotiating Agreement Without Giving In, Penguin Books, 1991. Fisher, Roger and Ertl Danny, Getting Ready To Negotiate: The Getting to Yes Workbook, 1995 Heitler, Susan M, From Conflict to Resolution, W.W. Norton and Co., New York, 1990 LeBaron, Michelle, Bridging Cultural Conflicts: A New Approach for a Changing World, Jossey-Bass Publishing, San Francisco, CA, 2003 Lederach, John Paul, The Moral Imagination: The Art and Soul of Building Peace, Oxford University Press, 2005 Lederach, John Paul, Building Peace: Sustainable Conciliation in Divided Societies, US Institutes of Peace, 1998 Lipsky, David et al, Emerging Systems for Managing Workplace Conflict, Jossey-Bass Publishing, San Francisco, CA, 2003 Mayer, Bernard, The Dynamics of Conflict Resolution: A Practitioner’s Guide, Jossey-Bass Publishing, San Francisco, CA, 2000 Rosen, H. Robert and Berger, Lisa, The Healthy Company, Jeremy P. Tarcher, Inc., 1992. Singer, Linda, Settling Disputes, Westview Press, Boulder, CO 1990. Tannen, Deborah, Talking From 9 to 5: Women and Men in the Workplace, Avon Books, 1994 Tannen, Deborah, You Just Don’t Understand: Women and Men in Conversation, HarperCollins, 2001. Ury, William, Getting Past No: Negotiating With Difficult People, Bantam Books, 1991. Ury, Brett, and Goldberg, Getting Disputes Resolved, Jossey-Bass Publishing, San Francisco, CA 1989. Volkema, Roger, The Negotiation Tool Kit, AMACOM, American Management Association, NYC, 1999. Warters, William, Ed., Conflict Management in Higher Education Report, Wayne State Univ., Detroit, MI.

Publishes articles of interest to those with a focus on higher education. For a listing of articles visit: http://www.campus-adr.org/CMHER/ReportArticles/ArticlesIndex.html

Webne-Behrman, Harry, The Practice of Facilitation: Managing Group Process and Solving Problems, Quorum

Books, Westport, CT, 1998. Webne-Behrman, Harry, Guardian of the Process: A Handbook for Group Facilitators, Collaborative Initiative, Madison, WI, December 1994. *** UW-Madison Office of Human Resource Development has now established a conflict resolution skills

enhancement website as a resource for online learning. It is accessed at: http://www.ohrd.wisc.edu/onlinetraining/resolution/index.htm

revised 4/2007

Bibliography: Mediation Academy of Conflict Resolution, http://www.acresolution.org/ is the key national and international professional organization linking mediators and other conflict resolution practitioners. Bronson, Sue, Self-Assessment Tool for Mediators, Wi. Association of Mediators, 1998.

WAM may be reached at http://www.wamediators.org/ or PO Box 44578, Madison, WI 53744-4578 Bush, Robert Baruch and Joe Folger, The Promise of Mediation, Jossey-Bass Publishing, San Francisco, 1994. Folberg, Jay and Alison Taylor, Mediation, Jossey-Bass Publishing, San Francisco, 1984. Kolb, Deborah et al, When Talk Works: Profiles of Mediators, Jossey-Bass Publishing, San Francisco, 1994. Kressell, Kenneth, Dean Pruitt et al., Mediation Research, Jossey-Bass Publishing, San Francisco, 1989. Lande, John, “A Call for Respect and Collaboration by Proponents of Rival Mediation Philosophies”, Alternatives, January 1998. Lang, Michael, “Becoming Reflective Practitioners,” Article available through Mediation Information and Resource

Center, PO Box 51090, Eugene, OR 97405. *** Originally published in Consensus, MIT-Harvard Public Disputes Program, 1996. Lang, Michael and Allison Taylor, The Making of a Mediator, Jossey-Bass, Inc. San Francisco, 2000 Mayer, Bernard, Beyond Neutrality, Jossey-Bass Publishing, San Francisco, CA, 2004 Mayer, Bernard, "The Dynamics of Power in Mediation and Negotiation," in Mediation Quarterly, no. 16, Jossey-Bass, Inc., San Francisco, Summer 1987. Milne, Ann and Jay Folberg, Divorce Mediation: Theory and Practice, Guilford Press, NY, NY, 1988. Moore, Christopher, The Mediation Process, Jossey-Bass Publishing, San Francisco, 1986, 2003 (2nd Edition) Riskin, Leonard, "Mediator orientations, strategies and techniques," Alternatives to the Cost of Litigation, 1994. Singer, Linda, et al, SPIDR Report of the Commission on Qualifications, Society of Professionals in Dispute Resolution (SPIDR), 1100 Connecticut Avenue, Suite 700, Washington, DC 20036 Webne-Behrman, Harry, “The Emergence of Ethical Codes and Standards of Practice in Mediation: The Current State

of Affairs,” Wisconsin Law Review, Volume 1998, Number 5, University of Wisconsin Law School. Webne-Behrman, Harry and Lisa, Working It Out: Manuals for Training Peer Mediators, a series of publications

for staff, elementary and secondary students, Collaborative Initiative, Madison, WI, 2nd Edition, Fall 1996. Webne-Behrman, Harry and Lisa, Mediating Workplace Disputes: A Facilitative Approach to the Management of

Differences, Collaborative Initiative, Madison, WI, 1999 Winslade, John et al, Narrative Mediation: A New Approach to Conflict Resolution, Jossey-Bass Publishers, 2000 revised 4/2007

Creating Effective Systems for Managing Conflict Leadership & Management Development Conference – October 21, 2009 Agenda/ Desired Learning Outcomes

To identify formal, informal, and ‘non-formal’ strategies that managers can use to address conflicts that arise within our workplace environments

To realistically assess opportunities for implementation that exist within our budget constraints, legal/policy parameters, and staff resources

Discussion:

What are some important conflicts that you face in your organization? In what ways are they addressed? What works? Describe an effective response to a conflict Barriers/ challenges: What gets in the way of an effective response?

***Personal, interpersonal, structural challenges Organizational Approaches to Conflict Management

Formal Strategies: Grievances, bargaining Administrative Processes Litigation Employee Assistance Office, Ombuds Office, Office of Quality Improvement

Informal Approaches: Talking to ‘helpful people’ Ad hoc responses by managers and colleagues to situations ‘as they arise’

“Non-formal” Programs: Peer-driven staff facilitation and dispute resolution programs Communities of practice and coaching circles

Interpersonal Conflict Resolution Strategies: Six-Step Collaborative Negotiation Model Moving from a Distressed to an Effective Dispute Resolution System (adapted from Getting Disputes Resolved)

• Power • Rights • Interests

What’s Going On? Mapping the Conflict Case Studies – Successful Transformations of Dispute Settlement Systems

• What can we learn from these experiences? • How might they be applied to our own settings?

Synthesis/ Closing Next Steps: What do we do with this stuff? Harry Webne-Behrman, Training Officer UW-Madison Office of Human Resource Development 608/262-9934 or 265-0836 hwebnebehrman@ohr.wisc.edu

Dispute Settlement Systems – Success Stories from a Wide Range of Settings (Use this ‘template’ as a point of departure)

(1) What were the presenting sources/ catalysts of conflict in this situation? (2) Who were the key stakeholders in the dispute? What were their core concerns, interests, and needs? (3) What systems were in place for addressing the conflict (prior to this intervention)? Identify known formal, informal, and non-formal systems (4) What were the ‘keys to success’ in transforming the conflict and, to the degree possible, resolving it in a sustainable, durable, needs-satisfying manner?