introduction to conflict conflict management system role of managers ...
INTRODUCTION TO CONFLICT Conflict is defined as a fight, battle, or struggle; a controversy, quarrel; discord of action, feeling or effect; or incompatibility or interference. It can range from something small to something intense that it would impact someone’s life. Conflict can be based on real or perceived differences. Lewicki et al (2010) states that one potential consequence of interdepended relationships is conflict. Conflict may arise due to the highly divergent needs of two parties, a misunderstanding that occurs between two people, or some other intangible factor. Conflict can occur when two parties are working towards the same goal and generally want the same outcome, or when they want very different settlements. Tillet (2010) stated that conflict arises when two or more parties perceive that their values or needs are incompatible and highlights that perceptions are important (e.g. blaming others). Values and needs are often closely related (e.g. religious beliefs may express a need). Conflict is often related to needs for power, influence and prestige. Conflict becomes manifests when one or more parties involved seek to resolve this incompatibility (e.g. by compelling the other to accept their position).
CONFLICT MANAGEMENT SYSTEM A conflict management system (CMS) is defined as “a series of measures implemented within an organisation for the purpose of identifying and managing risks, issues and disputes, including structural, operational and maintenance elements” (Standards Australia, 2004), and “the combination of various methods of dispute avoidance and resolution to meet the needs of a particular organisation… where dispute resolution and good management are brought together” (Astor & Chinkin, 2002). CMS provide justice in the workplace as it is a substitute for power, and is a mixture of interests & rights-based resolution processes.
ROLE OF MANAGERS IN DISPUTE RESOLUTION Conflict resolution is central to the functions of the HR manager. HR managers have several roles but increasingly is the focus on ‘strategic business partner’ – which is integrating HR functions with the overall business strategies. But, the alignment with an organization’s business objectives raise questions about the HR manager’s role in dispute resolution. There has been a trend where human resource management is returned to line managers, and hence, line managers have more responsibility in managing conflict and grievances. There are several problems identified with this:
Added responsibilities to an already complex set of duties which can lead to role overload. Disconnect between policy & practice because line managers neglect HR functions of their role often explained by a lack of training, workload overload, lack of interest, conflicting priorities, and self-serving behavior. Low priority given to HR issues by line managers. Lack of support from senior management. Ambiguity in the role of the line managers with respect to their level of authority and autonomy to make decision on HR matters. Lack of training in people management.
There are several barriers to line managers effectively fulfilling the HR role have also been identified in a study by Hutchinson & Purcell (2014) which include heavy workloads, role conflict and ambiguity, lack of resources, inadequate training, and lack of support from senior management.
UNDERSTANDING THE COMMUNICATION PROCESS The communication process consists of PERCEPTION (the process of organising and interpreting sensory impressions to give meaning to the environment) and COGNITION (the mental process of knowing, including aspects like perception, reasoning and judgment). Both perception and cognition are fundamental processes that govern how people construct and interpret interaction, and both communication and negotiation rely on perception and cognition. There are various causes of partisan perceptions; these include: Different information and experiences, interests and focus. We selectively filter incoming data - we collect evidence to support prior views and we dismiss/ignore nonconforming data. We make assumptions about ambiguous/missing information. We selectively remember/recall events. We revise our memories to fit our preferences, and our memories for the basis for new + confirming perceptions.
ARBITRATION Arbitration is a third-party investigation which may involve hearings/formal evidence, making a determination that is potentially internally and/or externally enforceable (Tillet & French, 2010). Parties in dispute may choose the arbitrator or an arbitrator may be appointed in other ways (e.g. senior management, court orders). Arbitration can occur within a legal framework that directs the process and defines the authority of the arbitrator. Arbitration is an adversarial process and one which tends to formality - usually occurs outside the court structure (there are no rights of appeal except where created for and defined by law). Arbitration also occurs in the context of administrative processes and tribunals. The legal framework is important as the advocate has responsibility to place the situation within framework of legislation, case law & arbitration principles. Unlike mediation, the third party is concerned with content and process. Decision-making usually adheres to the civil standard of proof, balance of probabilities. Process and outcomes should adhere to the principles of fairness, impartiality, and natural justice. Arbitration may be inquisitorial. The third party plays different roles: Facilitative: no advisory or determinative role, and helps in managing the process of dispute resolution. Advisory: investigates the dispute & provides advice on the facts & possible outcomes. Determinative: investigates the dispute, which may include a formal hearing to reach a determination which may be enforceable; role of third party is not to advise on the resolution of the dispute or attempt to negotiate a resolution. Hybrid: 3rd party may play variety of roles (e.g. med-arb, arb-med).
There are four main steps to arbitration: 1. Parties agree to process and an arbitrator 2
APPROACHES TO NEGOTIATION Negotiation is one of several means available to managers to assist in the making of decisions. It is neither superior nor inferior to other forms of decision-making; it is appropriate in some circumstances but not in others. Negotiation is an interpersonal decision-making process necessary whenever we cannot achieve our objectives single-handedly (Thompson, 2005). Negotiation is an explicit involuntary traded exchange between people who want something from each other. Negotiation is a learnable and teachable skill that improves with experience, provided there is feedback. Characteristics of negotiation:
Must have two or more parties involved Must be a conflict of interest Expectation of a better outcome as a result of negotiation The parties prefer mutual agreement above other routes Implies quid pro quo Involves both tangible and intangible components
NEGOTIATION PREPARATIONS Peterson & Lucas (2001) developed a 4-phase pre-negotiation framework:
Intelligence gathering: collecting, processing, analyzing & evaluating data Formulation: developing goals/objectives & setting parameters for each issue to be negotiated Strategy development: plan that integrates goals and action sequences Preparation: for written/verbal communication, creating supporting material, etc.
Dimensions of the preparation phase include:
Self-assessment: these include knowing what you want and what your interests/goals are, what alternatives you have, where your reservation point is, what alternative outcomes can you live with, and the amount of risk you are willing to risk. There are various types of risk such as strategic risk (how risky the tactics are), BATNA risk (uncertainty and credibility), contractual risk (risks associated with the willingness of the other party to honor terms of agreement) and risk of regret. Assessment of other party: parties in negotiation may be present or “hidden” parties – it may not always be obvious who the other parties are. The more parties involved in the negotiations, the more complex it all becomes. Assessment of the solution: you need to ask yourself how important the relationship is, does the negotiation involve conflict, is negotiation out of necessity or opportunity, is an agreement required, is third party intervention possible, etc.
PERSUASION, MANIPULATION, COERCION & THREATS Aristotle stated that persuasion was the ability to convince others to adopt your ideas – “win over minds with logic, win over hearts with emotion, and manage yourself”. As a form of influence, persuasion involves careful preparation, proper presentation of arguments, supporting evidence, and an appropriate and compelling emotional climate. Persuasion is what you do WITH another, and not TO another. Persuasion can be a powerful tool; typically, we decide what we want then work hard trying to 3
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CONFLICT MANAGEMENT SYSTEM A conflict management system (CMS) is defined as “a series of measures implemented within an organisation for the purpose of identifying and managing risks, issues and disputes, including structural, operational and maintenance elements” (Standards Australia, 2004), and “the combination of various methods of dispute avoidance and resolution to meet the needs of a particular organisation… where dispute resolution and good management are brought together” (Astor & Chinkin, 2002). CMS provide justice in the workplace as it is a substitute for power, and is a mixture of interests & rights-based resolution processes.
ROLE OF MANAGERS IN DISPUTE RESOLUTION Conflict resolution is central to the functions of the HR manager. HR managers have several roles but increasingly is the focus on ‘strategic business partner’ – which is integrating HR functions with the overall business strategies. But, the alignment with an organization’s business objectives raise questions about the HR manager’s role in dispute resolution. There has been a trend where human resource management is returned to line managers, and hence, line managers have more responsibility in managing conflict and grievances. There are several problems identified with this:
Added responsibilities to an already complex set of duties which can lead to role overload. Disconnect between policy & practice because line managers neglect HR functions of their role often explained by a lack of training, workload overload, lack of interest, conflicting priorities, and self-serving behavior. Low priority given to HR issues by line managers. Lack of support from senior management. Ambiguity in the role of the line managers with respect to their level of authority and autonomy to make decision on HR matters. Lack of training in people management.
There are several barriers to line managers effectively fulfilling the HR role have also been identified in a study by Hutchinson & Purcell (2014) which include heavy workloads, role conflict and ambiguity, lack of resources, inadequate training, and lack of support from senior management.
UNDERSTANDING THE COMMUNICATION PROCESS The communication process consists of PERCEPTION (the process of organising and interpreting sensory impressions to give meaning to the environment) and COGNITION (the mental process of knowing, including aspects like perception, reasoning and judgment). Both perception and cognition are fundamental processes that govern how people construct and interpret interaction, and both communication and negotiation rely on perception and cognition. There are various causes of partisan perceptions; these include: Different information and experiences, interests and focus. We selectively filter incoming data - we collect evidence to support prior views and we dismiss/ignore nonconforming data. We make assumptions about ambiguous/missing information. We selectively remember/recall events. We revise our memories to fit our preferences, and our memories for the basis for new + confirming perceptions.
ARBITRATION Arbitration is a third-party investigation which may involve hearings/formal evidence, making a determination that is potentially internally and/or externally enforceable (Tillet & French, 2010). Parties in dispute may choose the arbitrator or an arbitrator may be appointed in other ways (e.g. senior management, court orders). Arbitration can occur within a legal framework that directs the process and defines the authority of the arbitrator. Arbitration is an adversarial process and one which tends to formality - usually occurs outside the court structure (there are no rights of appeal except where created for and defined by law). Arbitration also occurs in the context of administrative processes and tribunals. The legal framework is important as the advocate has responsibility to place the situation within framework of legislation, case law & arbitration principles. Unlike mediation, the third party is concerned with content and process. Decision-making usually adheres to the civil standard of proof, balance of probabilities. Process and outcomes should adhere to the principles of fairness, impartiality, and natural justice. Arbitration may be inquisitorial. The third party plays different roles: Facilitative: no advisory or determinative role, and helps in managing the process of dispute resolution. Advisory: investigates the dispute & provides advice on the facts & possible outcomes. Determinative: investigates the dispute, which may include a formal hearing to reach a determination which may be enforceable; role of third party is not to advise on the resolution of the dispute or attempt to negotiate a resolution. Hybrid: 3rd party may play variety of roles (e.g. med-arb, arb-med).
There are four main steps to arbitration: 1. Parties agree to process and an arbitrator 2
APPROACHES TO NEGOTIATION Negotiation is one of several means available to managers to assist in the making of decisions. It is neither superior nor inferior to other forms of decision-making; it is appropriate in some circumstances but not in others. Negotiation is an interpersonal decision-making process necessary whenever we cannot achieve our objectives single-handedly (Thompson, 2005). Negotiation is an explicit involuntary traded exchange between people who want something from each other. Negotiation is a learnable and teachable skill that improves with experience, provided there is feedback. Characteristics of negotiation:
Must have two or more parties involved Must be a conflict of interest Expectation of a better outcome as a result of negotiation The parties prefer mutual agreement above other routes Implies quid pro quo Involves both tangible and intangible components
NEGOTIATION PREPARATIONS Peterson & Lucas (2001) developed a 4-phase pre-negotiation framework:
Intelligence gathering: collecting, processing, analyzing & evaluating data Formulation: developing goals/objectives & setting parameters for each issue to be negotiated Strategy development: plan that integrates goals and action sequences Preparation: for written/verbal communication, creating supporting material, etc.
Dimensions of the preparation phase include:
Self-assessment: these include knowing what you want and what your interests/goals are, what alternatives you have, where your reservation point is, what alternative outcomes can you live with, and the amount of risk you are willing to risk. There are various types of risk such as strategic risk (how risky the tactics are), BATNA risk (uncertainty and credibility), contractual risk (risks associated with the willingness of the other party to honor terms of agreement) and risk of regret. Assessment of other party: parties in negotiation may be present or “hidden” parties – it may not always be obvious who the other parties are. The more parties involved in the negotiations, the more complex it all becomes. Assessment of the solution: you need to ask yourself how important the relationship is, does the negotiation involve conflict, is negotiation out of necessity or opportunity, is an agreement required, is third party intervention possible, etc.
PERSUASION, MANIPULATION, COERCION & THREATS Aristotle stated that persuasion was the ability to convince others to adopt your ideas – “win over minds with logic, win over hearts with emotion, and manage yourself”. As a form of influence, persuasion involves careful preparation, proper presentation of arguments, supporting evidence, and an appropriate and compelling emotional climate. Persuasion is what you do WITH another, and not TO another. Persuasion can be a powerful tool; typically, we decide what we want then work hard trying to 3
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