Department of Conflict Analysis and Dispute Resolution

Salisbury University, MarylandFriday, October 25, 2013

Department of Conflict Analysis and Dispute Resolution1101 Camden Ave. • Salisbury, MD 21801

410-219-2873 • conflictresolution@salisbury.eduwww.salisbury.edu/cadr/MA/

ORGANIZATIONAL CONFLICTAND CONFLICT MANAGEMENT

AS A SYSTEM

PANEL DISCUSSION ONCONFLICT RESOLUTIONAND ORGANIZATIONAL

DEVELOPMENT

SPECTRUM OF ADR OPTIONS

In general, there are six broad categories ofADR options:

1. Preventive methods: ADR clauses,partnering, consensus building, negotiatedrules making, joint problem solving.

2. Negotiated methods: principled, positional,problem solving.

3. Facilitated methods: mediation, conciliation, ombudsperson.

4. Fact-finding methods: neutral expert, factfinding, masters, magistrates.

5. Advisory methods: early neutral evaluation,private judging, summary jury trials, mini-trials, nonbinding arbitration.

6. Imposed methods: Binding arbitration.

BRIEF OVERVIEW OFWHEN ADR IS APPROPRIATE

Distinguish between criminal cases and civilcases.

Very appropriate when dealing with civil cases. Can be used by both large and small organizations.

Particular dispute or problem requires particular ADR method.

There must be a fit between the process and the problem.

As a result diagnosis and need analysis isrequired before prescription.

REFERENCES

Stitt, Allan, 1998. Alternative Dispute Resolution forOrganizations: How to Design a System for EffectiveConflict Resolution. New York: Wiley.

Costantino and Merchant, 1995. Designing ConflictManagement Systems: A Guide to Creating Productive and Healthy Organizations. San Francisco: Jossey-Bass Inc., Publishers.

"The Conflict Analysis andDispute Resolution (CADR)program at SalisburyUniversity has greatly helpedme by improving on myknowledge base, sharpeningmy skills and strengtheningme to face future challenges.Thanks to this program, now more than ever before,I'm able to carry out tasks that give people thehumanity, dignity and even the understanding thatthey deserve as human beings".

– Fieyim NjonguoM.A. Student in Conflict Analysis

and Dispute Resolution

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DEFINITION OF ORGANIZATIONALCONFLICT AND CULTURE

According to Cathy A. Costantino, C.A. andChristina Sickles Merchant, C.S., authors ofDesigning Conflict Management Systems: A Guide toCreating Productive and Healthy Organizations (1995),an organizational conflict is “an expression ofdissatisfaction or disagreement with aninteraction, process, product or service” (p. 4).

Organizational culture consists of “the attitudes,practices and beliefs of the system and itsmembers” (Costantino and Merchant 1995, p.7).

ORGANIZATIONS ASHOSTS OF CONFLICT

Because social organizations are open systems,they host tensions or systemic conflicts due to organizational interactions andinterdependent activities.

As a result, every organization should have inplace a system to analyze and resolve internaland external disputes (Costantino and Merchant 1995, p.22).

A systemic conflict can only be addressed by a systemic approach to it.

CONFLICT MANAGEMENTAS A SYSTEM

Conflict management should be thought of as an open system.

As a system, conflict management operates“within a larger organizational system” open to an external environment (Costantino andMerchant 2005, pp.25-26).

It allows a better understanding of organizationalconflict and provides adequate strategies toaddress it constructively.

It provides “a useful framework for approaching conflict management system design and intervention” (Costantino andMerchant 2005, p.26).

CONFLICT MANAGEMENTAS AN INTERVENTION FORCHANGE AND GROWTH

Be aware that conflict is a product oforganizational improvement efforts.

Conflict management aims at developing open,empowering and collaborative relationships with the clients.

It encourages a values-driven approach to change. The design team or intervener should be aware of their own biases, vulnerability and sensitivity to conflict.

Open inquiries and participatory processes allowstakeholders to see the spirit and values thatunderlie the change process.

WHY INTEREST IN ADR

Overloaded court dockets. Legislation and regulations: Some federal lawsand regulations encourage forms of ADR incertain disputes.

Increasing cost and decreasing satisfaction with litigation.

Backlash against attorneys, lawsuits and legal costs.

Societal movement toward more natural andhumane methods of dispute resolution.

Desire to empower disputants to participate inresolving their own disputes

Increasing interest in flexible dispute resolution. Interest in confidentiality and avoidance of publicity.

The Masters program in Conflict Analysis and DisputeResolution is exemplary, as students are not only provided thetheoretical framework of the program but also an enrichingenvironment to apply their knowledge, which is an imperative

part of the learning process.– Gloria Chibueze-Azinge

M.A. Student in Conflict Analysis and Dispute Resolution

The Conflict Analysis and DisputeResolution MA Program has given meboth the theoretical knowledge and thepractical skills to further develop my

ability to help individuals, groups, and organizationsmanage and understand their conflicts.

– Anthony YostM.A. Student in Conflict Analysis

and Dispute Resolution

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