A
Report On Contemporary Issues Titled
“CONFLICT RESOLUTION AND NEGOTIATION SKILL”
Submitted By: Submitted By:Neha Pokharna Miss. Nidhi Tak nd Sem.-2 Department of Management Studies Poornima School of Management ISI-2 VI, RIICO Institutional Area, Sitapura Jaipur (Rajasthan) 302022
Acknowledgement I like the opportunity to offer my gratitude to all the people who directly or indirectly help me in the successful completion of the project. First of all, I would like to acknowledge Miss. Nidhi Tak Mam (Faculty) to guide me in this project. I would also like to thanks to my all other faculty members for their valuable support. A deep sense of gratitude is owned to Mr. R.K. R.K. Aggarw Aggarwal al Sir (Advis (Advisor) or) who extended his support & assistance throughout the year. Needless to say their knowledge & experience had served as a continuous source of encouragement & motivation I have express my sincere thanks to my project guide, Miss. Nidhi Tak Mam, Mam, for guiding me right from the inception till the successful completion of the project. I sincerely acknow acknowled ledge ge her for extend extending ing their their valuab valuable le guidan guidance, ce, suppor supportt for literat literature ure,, critic critical al reviews of project and the report and above all the moral support she had provided to me with all stages of this project.
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Abstract Conflict resolution and negotiation skills It is a process of resolving or managing a dispute .Any conflicts that arise needs to be attended at the right time for the welfare of the society as well as smooth functioning of the organization. Negotiation is the cooperative process whereby participations try to find a solution of the involve parties.
Conflict can be at time within yourself, when you feel that you lack some of the values that you always wanted to adopt. This conflicts which can be very disturbing at times can also stake somebody’s life. the conflicts can be taken care of with a self discipline strategy. It can be prevented and gradually resolved tactfully for a long run.
This This conc concep eptt is glob global ally ly prac practic ticed ed in the the orga organi niza zati tion on to incr increa ease se the the effic efficie ienc ncy y of employees & effectively improve their work.
The methodology involved is choosing of the topic and then searching its secondary data on internet and business related magazines and analysis of it. Limitations that I faced are time crunch and unavailability of primary data.
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Executive Summary Conflict Resolution Conflict is psychological state of mind when people are in dilemma whether to do or not to do a thing, is a state of conflict. In organization, conflict may imply difference of opinion with persons or groups and some time they manage to show down and slow down other and plan strategies for that. Conflict resolution practice has largely focused on conflict taking place in public, as if it was set on a theater stage with an audience watching the interactions unfold. In reality, conflict plays out behind the scenes, unobserved by the conflict analysts and system designers. Kolb and Bartunek, editors of Hidden Conflict in Organizations, bring to light the dynamics of informal conflict resolution.
Negotiation Skills
Negotiatio Negotiation n is considered considered as a compromis compromise e to settle an argument argument or issue to benefit benefit our self as much as possible. It is a process by by which the parties or groups resolve the matter of dispute by holding the discussions and an agreement which can be mutually agreed upon. It also refers to closing a business deal or bargaining on some product. It is an act of discussing an issue between two or more parties with competing interest in order to reach an agreement.
The purpose to resolve a conflict in an organization at right time prevents the employees from leaving the organization. It increases productivity and efficiency, create climate of trust among the employees. It serve as cementing force in group and incredible unity it is witnessed even in a heterogeneous group at time of tension. Negotiatio Negotiation n strategy mainly mainly emphasises emphasises on friendly relationsh relationship ip and prevent dispute. dispute. It handles aggressive behaviour of the people and maintains relations between them. All problems solved cooperatively through integrating or problem solving negotiation. 4
The scope of conflict resolution is very vast. It is practiced in globally in every organization. It is at personal level, national and even international level. It is seen from shop floor to the top management in an organization. Firstly in methodology the topic was selected for study then the relevant secondary data is searched in various magazines, journals and news-paper. Internet has provided right type of data. The concept of conflict conflict resolution resolution and negotiation negotiation skills were observed observed in real life and their importance traced out. The secondary data is analyzed and a suitable conclusion has been drawn from it. The limitation while making the report mainly was lack of time and unavailability of primary data because of that the study was less rational and as it was totally dependent secondary data. At the last the conclusion is that conflict are a part and a parcel of human life. It is very important to resolve it from an organizational point of view, therefore manager should natu nature re and and caus causes es of conf conflic lictt and and how how vari variou ous s part parties ies can can be coor coordi dina nate ted d to make make meaningful contribution.
Overview of the report is missing Don’t put in headings, keep i in para
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CONTENTS
1.
Acknowledgements……………………………………….1
2.
Executive Summary………………………………………2
3. Abstract…………………………………………………….3 4.
Research and Methodology……………………………...5 a)
Title of the study
b)
Duration of project
c)
Objective of study
d)
Type of resources
e)
Scope of study
f)
Limitation of study
5.
Core Study…………………………………………………8
6.
SWOT Analysis……………………………………………45
7.
Conclusion…………………………………………………48
8.
Bibliography………………………………………………..49
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Research and Methodology
Title of the project – “Conflict Resolution & Negotiation skills”
“Duration of the study”-
don’t put dates
This is a very long term project so we have been provided with a period of one month for the completion. To make it easy this period was bifurcated into 5weeks as follow: Week 1: submission of blue print for studies (18-04-09) Week 2: submission of abstract. And finalization of abstract (28-04-09) Week 3: collection of secondary data (preliminary assessment) (11-05-09) Week 4: selection and final compilation of secondary data (18-05-09) Week 5: finalization of report (29-05-09)
Objective of Study The study was based on some objectives which are as follows
To study and explore the basic theory of conflict resolution.
To study the type and methods of resolving of conflict.
To know how the methods can be used in practical life.
The purpose to resolve a conflict in an organization at right time prevents the employees from leaving the organization. It increases productivity and efficiency, create climate of trust among the employees. It serve as cementing force in group and incredible unity it is witnessed even in a heterogeneous group at time of tension. Negotiation strategy mainly emphasises on friendly relationship and prevent dispute. It handles aggressive behaviour of the people and maintains relations between them. All problems solved cooperatively through integrating or problem solving negotiation.
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Types of Research:The Research which I completed is based on secondary data. It is descriptive in nature. Descriptive research is also called Statistical Research. The main goal of this type of research is to describe the data and characteristics about what is being studied. . Although this research is highly accurate, it does not gather the causes behind a situation. Descriptive research is mainly done when a researcher wants to gain a better understanding of a topic for example, a frozen ready meals company learns that there is a growing demand for fresh ready meals but doesn’t know much about the area of fresh food and so has to carry out research in order to gain a better understanding. It is quantitative and uses surveys and panels and also the use of probability sampling. Descriptive research is the exploration of the existing certain phenomena. The details of the facts won’t be known. The existing phenomena facts are not known to the persons. Through this project I understand many phenomena about many facts. I used many charts to understand about inflation to know the effects of recession.
Scope of Study Since the topic ”conflict resolution and negotiation skills” is very wide and comprehensive. The study has been practiced all over the world that is covering every possible global aspect. This is used in personal level, organizational level etc. In organization from shop floor to top management the strategy for conflict resolution are used.
Limitations of the study It is easy to find and collect secondary data. However, we need to aware of the limitations the data may have and the problems that could arise if these limitations are ignored. Since we collected the secondary data which has many limitations such as: Secondary data can be general and vague and may not really help companies with decision making. The information and data may not be accurate. The source of the data must always be checked. The data may be old and out of date. Company publishing the data may not be reputable. •
•
•
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Core Study Conflict Conflict is defined as a process of hampering other’s effort by blockage, causing is frustration. It is malfunction and traditionally. However modern view point is that the conflict can be both functional and dysfunctional. The general sources of conflict are communication, structure and personal variables while its general causes may be various factors obtained in the parties and the situation. Conflict has been classified as intrapersonal and organizational. The major types of intrapersonal conflict are frustration, role conflict and goal conflict. The organization conflict is classified as institutional and emergent. In other way, organizational conflict is also classified as formal and pseudo. It has been stressed that management of a conflict is a managerial responsibility which must be perfumed by using appropriate technique. Among the technique to manage conflict are: Dominance, avoidance, smoothing, compromise, system restructuring altering human variable and problem solving. Conflict is when two or more values, perspectives and opinion are contradictory in nature and have not been aligned or agreed upon yet. The conflict can be at times within your, when you feel that you lack some of the values you that you always wanted to adapt, or when some of your perspectives towards your job collides with that of the organization you work for. This conflict which can be very disturbing at time can also stake some body’s life. The conflict can be taken care of with a self disciplined strategy of your own. It can also be prevented and gradually resolved tactfully in the long run. The manner in which this mind state is handled is called “managing”. So, the management of the conflict that surrounds you always is called “Conflict Management”. Conflict management can be termed as the methodology or the technique that is implemented with the interest and goodwill of the parties involved. The conflict can at times yield a positive result to the whole scenario, at same time there can be negative aspect to the same issue and to take the matter to right direction is Conflict Resolution. Conflict occurs between people in all kinds of human relationships and in all social settings. Because of the wide range of potential differences among people, the absence of conflict usually signals the absence of meaningful interaction. Conflict by itself is neither good nor 9
bad. However, the manner in which conflict is handled determines whether it is constructive or destructive (Deutsch & Coleman, 2000). Conflict is defined as an incompatibility of goals or values between two or more parties in a relationship, combined with attempts to control each other and antagonistic feelings toward each other (Fisher, 1990). The incompatibility or difference may exist in reality or may only be Perceived by the parties involved. Nonetheless, the opposing actions and the hostile emotions are very real hallmarks of human conflict. Conflict has the potential for either a great deal of destruction or much creativity and positive social change (Kriesberg, 1998). Therefore, it is essential to understand the basic processes of conflict so that we can work to maximize productive outcomes and minimize destructive ones. This paper will briefly describe some common sources of conflict, the levels of social interaction at which conflict occurs, and the general strategies of approaching conflict that are available.
Understanding Conflict Conflict
is the “behavior of an individual, a group, or an organization which impedes or
restricts (at least temporarily) another party from attaining its desired goals. It may be defined as a sharp disagreement or a contradiction in interests and ideas. Conflict becomes dysfunctional if it results in poor decision-making, lengthy delays over issues which do not importantly affect the outcome of the project, or a disintegration of the team’s efforts. A party to the conflict will be satisfied when the level of frustration has been lowered to the point where no action against the other party is contemplated. When all parties to the conflict are satisfied to this extent, the conflict is said to be resolved.
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Four Basic Categories of Conflict • Intrapersonal [within a person]Incompatibilities within a person's cognitive-informational processing system having to do with Goals, Actions, Outcomes.
• Interpersonal [between people]Incompatibilities between the GAO's of two, or a few, people
• Intragroup – [within a group]Incompatibilities between two or more people in a group concerning the GAO's of the individuals, and those of the group. It can also be an incompatibility between the GAO of an individual and those of a group.
• Intergroup – [between groups]Incompatibilities between various members whose GAO's are incompatible with each other, but are consistent with those of their respective groups.
Sources of Conflict: Early reviews in the field of conflict resolution identified a large number of schemes for Describing sources or types of conflict. One of the early theorists on conflict, Daniel Katz (1965), created a typology that distinguishes three main sources of conflict: economic, value, and power.
1. Economic conflict –
Involves competing motives to attain scarce resources. Each party wants to get the most that it can, and the behavior and emotions of each party are directed toward maximizing its gain. Union and management conflict often has as one of its sources the incompatible goals of how to slice up the “economic pie”.
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2. Value conflict Values conflict involves incompatibility in ways of life, ideologies – the preferences, principles and practices that people believe in. International conflict (e.g., the Cold War) often has a strong value component, wherein each side asserts the rightness and superiority of its way of life and i ts political-economic system. 3. Power conflict Power conflict occurs when each party wishes to maintain or maximize the amount of influence that it exerts in the relationship and the social setting. It is impossible for one party to be stronger without the other being weaker, at least in terms of direct influence over each other. Thus, a power struggle ensues which usually ends in a victory and defeat, or in a “stand-off” with a continuing state of tension. Power conflicts can occur between individuals, between groups or between nations, whenever one or both parties choose to take a power approach to the relationship. Power also enters into all conflict since the parties are attempting to control each other. It must be noted that most conflicts are not of a pure type, but involve a mixture of sources. For example, union-management conflict typically involves economic competition, but may also take the form of a power struggle and often involves different ideologies or political values. The more sources that are involved, the more intense and intractable the conflict usually
is.
Another
important
source
of
conflict
is
ineffective
communication.
Miscommunication and misunderstanding can create conflict even where there are no basic incompatibilities. In addition, parties may have different perceptions as to what are the facts in a situation, and until they share information and clarify their perceptions, resolution is impossible. Self-centeredness, selective perception, emotional bias, prejudices, etc., are all forces that lead us to perceive situations very differently from the other party. Lack of skill in communicating what we really mean in a clear and respectful fashion often results in confusion, hurt and anger, all of which simply feed the conflict process. Whether the conflict has objective sources or is due only to perceptual or communication problems, it is experienced as very real by the parties involved.
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Escalation of Conflict: A final source of conflict is more additional than basic, that is, it comes in after the conflict has started. Conflicts have a definite tendency to escalate, i.e., to become more intense and hostile, and to develop more issues, i.e., what the parties say the conflict is about. Therefore, escalating conflicts become more difficult to manage. The process of escalation feeds on fear and defensiveness. Threat leads to counter threat, usually with higher stakes at each go-round. Selective and distorted perception justifies a competitive and cautious approach as opposed to a trusting and cooperative one. Through Deutsch’s crude law of social relations (1973), competition breeds competition, rather than cooperation. The selffulfilling prophecy comes into play. Each party believes in the evil intentions of the other and the inevitability of disagreement, and therefore takes precautionary actions which signal mistrust and competitiveness. When the other party then responds with a counteraction, this is perceived as justifying the initial precautionary measure, and a new spiral of action and counteraction begins. Through the norm of reciprocity, stronger attempts to control are met not only with stronger resistance, but more contentious attempts to gain the upper hand. With each succeeding spiral of conflict, polarization grows and the parties become more adamant and intransigent in their approach to the situation. Even though the intensity of the conflict may moderate for periods of time, the issues remain, and a triggering event induces conflictual behavior with negative consequences, and the conflict has moved one more step up the escalation staircase. When parties become “locked in” to a conflict they are usually unable to get out by themselves, and the intervention of a third party in the role of arbitrator, mediator or consultant may be required.
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Type of Conflict 1. Individual level Conflict 2. Group Level Conflict 3. Organizational Conflict
1. Individual level Conflict Human behavior is need motivated. A person joins any organization basically to satisfy varying needs. He faces a conflict within himself when he perceives that organization is not satisfying his needs in accordance with his perceived standards. In the words of Keith Davis, “organization is the system of medieval which suppress and subjugate their victim individual. He lives in helpless conformity, stripped challenge for psychological fulfillment. Individual level conflict can be divided into two categories a) Intra-individual conflicts b) Inter-individual Conflicts
A) Intra-individual conflict:It arises within a person and are of psychological nature, the nature remains conflict-ridden, but he fails to perceive it. However, they may be latent or overt. Such conflicts are generally related to the goals of a person wants to achieve or roles in the manner he wants to achieve. Hence, intra-individual conflict are of three type i)
Conflict due to frustration
ii)
Goal Conflict 14
iii) Role Conflict
Conflict due to frustrationIt occurs when motivated drive is blocked. Before a person reaches its desired goal. It can useful in behavioral analysis and specific aspect of on-the-job behavior. Theft of company property and even violence on the job may be a form of an aggressive outcome to job frustration.
Goal Conflict Another common source of conflict for an individual that has both negative and positive features, and two or more competing goals, for ease of analysis three separate type of Goal conflict is generally identified.
Approach-Approach Conflict
Approach Avoidance Conflict
Avoidance- Avoidance Conflict
Role Conflict When expectation of a role are materially different or opposite from the behavior anticipated by the individual in that role, he tends to in role conflict because there is no way to meet one expectation without rejecting the other. There may be Four type of role conflicts.
Intra sender role conflict
Inter sender role conflict
Inter role conflict
Role Self Conflict
B)
Inter-Individual (Personnel) Conflict It arises between two individual having competition for achieving scarce thing, such as power, status, position, promotion or resources or they may pick up conflict due their divergent opinions, attitude or values.This Disagreement may arise due to variety of reasons.
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2. Group Level Conflict Conflicts may occur at group level. A group constitutes two or more persons who interacts in such a way that each person influence and is influenced by others. Group exists in every organization and they affect the behavior of their members. They not only affect the behavior of their members rather they have impact on other groups also and organization as whole. This interaction between group itself and within the groups due to behavior of people and influence used by them result in group level conflict.
It can be broadly classified into two categories as per following
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3. Organizational Conflict In an organizational situation conflict may manifest itself in a number of different methods. Such conflict may be within the organization itself . Intra-organization conflicts may be again in various forms, for example, at individual level and at group level. Since , these are all parts of the organization , the conflict among them are of much concern to the organization.
Intra-Organization Conflict – The reasons of conflict in an organization are many but mainly three kinds of
internal strains can be identified. A. Horizontal Conflict -
It refers to conflict between employees or department at the same hierarchical level in an organization. The source of conflict between department consists of pressures towards sub-optimization. Each department may sub-optimize by independently trying to achieve its own department’s goals, B. Vertical Conflict :It separate people in various level of the occupational ladders in organization. It refers to any conflict between different levels in an organization. It occurs usually in superior-subordinate relations. C. Line and Staff Conflict :-
Controversy and conflict are inherent in the concept of line and staff. It i s not an easy task to divide and distribute expertise, authority and roles in equitable quantities between the line generalists and staff specialists. The concept authorizes the splitting of various function in two categories 1) Hierarchical
•
2) Non- Hierarchical.
Inter-Organization Conflict :-
Inter organization interaction results in conflict among different organizations. However, it is necessary that such interaction may result in conflict. Inter-Organizational Conflict may include i)
Conflict between organization pursuing similar objective.
ii)
Conflict between government agency and organization.
iii)
Conflict between head office and manufacturing unit. 17
The Circle of Conflict
Author Gary T. Furlong provides one of the most comprehensive sources for conflict resolution models in his book The Conflict Resolution Toolbox: Models & Maps for Analyzing, Diagnosing, and Resolving Conflict. The Circle of Conflict is a model offered by Furlong and focuses on the various causes, or drivers, of conflict. According to this model, the six most common drivers of conflict are: •
Values—one’s belief systems, ideas of right versus wrong, etc.
•
Relationships—stereotypes, poor or failed communications, repetitive
negative behaviors, etc. •
Externals/Moods—factors unrelated to the conflict, psychological or
physiological issues of parties in conflict •
Data—lack of information, misinformation, too much information, data
collection problems •
Interests—each party’s wants, needs, desires, fears, or concerns
•
Structure—limitations on resources like time and money, geographical
constraints, organizational structure, authority issues (Furlong 30)
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Furlong’s Circle of Conflict resembles a pie graph divided into six equal parts in which values, relationships, and externals/moods drivers appear in the top half and data, interests, and structure drivers appear in the bottom half of the graph (see figure below). The main premise of this model is that conflict can be more easily resolved if discussions are focused on drivers in the bottom half of the circle (data, interests, and structure). According to Furlong, concentrating on these drivers—things over which parties have some control—offers a more direct path toward managing the dispute. Furlong contends that when conflicting parties allow their discussion to stray into drivers in the top half of the circle (values, relationships, and externals/moods), conflict will likely escalate. Because these drivers represent areas that are not generally within a party’s control, it is best to avoid them. Changing another’s perceptions of perceived past wrongs or dealing with external issues would make any disagreement worsen. Conversely, individuals in conflict can work together to change data problems, allay another’s fears, and overcome geographical constraints. These drivers are in the bottom portion of the circle of conflict, where, according to Furlong, most of the real resolution work should focus.
The Conflict Resolution Model
Patrick Lencioni presents
conflict resolution model. Lencioni’s model is a
series of concentric circles centered around a point of conflict. This model proposes four different types of obstacles that prevent issues from being resolved. According to Lencioni, the obstacles closest to the center of the model—i.e., the issue—are the easiest barriers to overcome, with obstacles becoming increasingly more difficult to overcome as one moves outward from the center of the model. These barriers include:
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Informational obstacles (circle closest to the issue or conflict)—the easiest issues
for most people to discuss; individuals must exchange information, facts, opinions, and perspectives if they want to move toward resolution.
Environmental obstacles (the next circle out)—the atmosphere in which the
conflict is taking place; the physical space, office politics, individual moods, and company culture can all have an effect on the resolution process.
Relationship obstacles (the next circle out)—issues between the people involved
in the conflict; prior unresolved legacies or events among the parties, their reputation, or even position in the organization may affect how people work through conflict.
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Individual obstacles (the outermost circle)—issues that are specific to each person in the conflict; individual experiences, IQ, EQ, knowledge, self-esteem, and even values and motives all play a part in causing and eventually resolving conflict
Lencioni explains that the key to this model is to understand that these obstacles exist during discussions. When a conflict arises because of a particular obstacle, the group should consider the model to decide whether to address the issue. Lencioni contends that if parties choose not to address and resolve an issue, they should agree not to let it affect their ability to resolve the larger conflict. Lencioni also states that obstacles at the outside of the circle are more difficult to resolve, largely because they involve personalities and other issues that are not easy to change. In this way, this conflict resolution model resembles Furlong’s Circle of Conflict model as they both reveal hot-button issues managers should avoid when attempting to resolve conflict. Certainly, the issues toward the outside of the circle in Lencioni’s model and those in the top half of Furlong’s model are the most challenging. Parties that are able to talk about these types of issues must trust each other because doing so involves some type of personal risk. Clearly, the methods available to resolve conflicts are numerous. There is certainly no right or wrong way to solve a problem. What is right for one conflict may be wrong for another; it all depends on the situation and variables involved. The two conflict resolution models presented here illustrate that conflict most often happens when the emphasis is on differences between people. In their book Dealing With People You Can’t Stand , authors Dr. Rick Brinkman and Dr. Rick Kirschner cleverly describe it this way, “United we stand, divided we can’t stand each other”. In short, when people concentrate on what they have in common with one another instead of their differences, relationships run smoothly and conflict is significantly minimized.
Levels of Conflict:
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Conflict can occur at a number of levels of human functioning. Conflict in your head between opposing motives or ideas is shown by your “internal dialogue” and is at the intrapersonal level. Beyond that, the primary concern here is with social conflict, i.e., conflict between people whether they are acting as individuals, as members of groups, or as representatives of organizations or nations. 1. Interpersonal conflict It occurs when two people have incompatible needs, goals, or approaches in their relationship.
Communication
breakdown
is
often
an
important
source
of
interpersonal conflict and learning communication skills is valuable in preventing and resolving such difficulties. At the same time, very real differences occur between people that cannot be resolved by any amount of improved communication. “Personality conflict” refers to very strong differences in motives, values or styles in dealing with people that are not resolvable. For example, if both parties in a relationship have a high need for power and both want to be dominant in the relationship, there is no way for both to be satisfied, and a power struggle ensues. Common tactics used in interpersonal power struggles include the exaggerated use of rewards and punishments, deception and evasion, threats and emotional blackmail, and flattery or ingratiation. Unresolved power conflict usually recycles and escalates to the point of relationship breakdown and termination.
2. Role conflict It involves very real differences in role definitions, expectations or responsibilities between individuals who are interdependent in a social system. If there are ambiguities in role definitions in an organization or unclear boundaries of responsibilities, then the stage is set for interpersonal friction between the persons involved. Unfortunately, the conflict is often misdiagnosed as interpersonal conflict rather than role conflict, and resolution is then complicated and misdirected. The emotional intensity is often quite high in role conflict since people are directly involved as individuals and there is a strong tendency to personalize the conflict.
3. Intergroup conflict It occurs between collections of people such as ethnic or racial groups ,departments or levels of decision making in the same organization, and union and management. Competition for scarce resources is a common source of intergroup conflict, and 22
societies have developed numerous regulatory mechanisms, such as collective bargaining and mediation, for dealing with intergroup conflict in less disruptive ways. Social-psychological processes are very important in intergroup conflict (Fisher, 1990). Group members tend to develop stereotypes (oversimplified negative beliefs) of the opposing group, tend to blame them for their own problems (scapegoating), and practice discrimination against them. These classic symptoms of intergroup conflict can be just as evident in organizations as in race relations in community settings. Intergroup conflict is especially tense and prone to escalation and intractability when group identities are threatened. The costs of destructive intergroup conflict can be extremely high for a society in both economic and social terms. 4. Multi-Party Conflict It occurs in societies when different interest groups and organizations have varying priorities over resource management and policy development. These complex conflicts typically involve a combination of economic, value and power sources. This complexity is often beyond the reach of traditional authoritative or adversarial procedures, and more collaborative approaches to building consensus are required for resolution. 5. International conflict It occurs between states at the global level. Competition for resources certainly plays a part, but value and power conflict are often intertwined and sometimes predominate. The differences are articulated through the channels of diplomacy in a constant game of give and take, or threat and counter threat, sometimes for the highest of stakes. Mechanisms of propaganda can lead to many of the same socialpsychological distortions that characterize interpersonal and intergroup conflict.
Methods of Conflict Resolution: Regardless of the level of conflict, there are differing approaches to deal with the incompatibilities that exist. Conflict can result in destructive outcomes or creative ones depending on the approach that is taken. If we can manage conflict creatively, we can often find new solutions that are mutually satisfactory to both parties. Sometimes this will involve a distribution of resources or power that is more equitable than before, or in creating a larger pool of resources or forms of influence than before. Creative outcomes are more 23
probable when the parties are interdependent, i.e., each having some degree of independence and autonomy from which to influence the other, rather than one party being primarily dependent on the other. Given interdependence, three general strategies have been identified that the parties may take toward dealing with their conflict; win-lose, loselose, and win-win.
Win-Lose Approach The
win-lose approach is all too common. People learn the behaviors of destructive
conflict early in life – competition, dominance, aggression and defense permeate many of our social relationships from the family to the school playground. The “fixed pie” assumption is made, often incorrectly, that what one party gains, the other loses. The strategy is thus to force the other side to capitulate. Sometimes, this is done through socially acceptable mechanisms such as majority vote, the authority of the leader, or the determination of a judge. Sometimes, it involves secret strategies, threat, innuendo – whatever works is acceptable, i.e., the ends justify the means. There is often a strong wethey distinction accompanied by the classic symptoms of intergroup conflict. The valued outcome is to have a victor who is superior, and a vanquished who withdraws in shame, but who prepares very carefully for the next round. In the long run, everyone loses.
Lose- Lose Strategy The lose-lose strategy is exemplified by smoothing over conflict or by reaching the simplest of compromises. In neither case is the creative potential of productive conflict resolution realized or explored. Disagreement is seen as inevitable, so therefore why not split the difference or smooth over difficulties in as painless a way as possible? Sometimes, this is indeed the reality of the situation, and the costs are less than in the win-lose approach, at least for the loser. Each party gets some of what it wants, and resigns itself to partial satisfaction. Neither side is aware that by confronting the conflict fully and cooperatively they might have created a more satisfying solution. Or the parties may realistically use this approach to divide limited resources or to forestall a win-lose escalation and outcome.
Win-Win Approach The win-win approach is a conscious and systematic attempt to maximize the goals of both parties through collaborative problem solving. The conflict is seen as a problem to be 24
solved rather than a war to be won. The important distinction is we (both parties) versus the problem, rather than we (one party) versus they (the other party). This method focuses on the needs and constraints of both parties rather than emphasizing strategies designed to conquer. Full problem definition and analysis and development of alternatives precedes consensus decisions on mutually agreeable solutions. The parties work toward common and superordinate goals, i.e., ones that can only be attained by both parties pulling together. There is an emphasis on the quality of the long term relationships between the parties, rather than short term accommodations. Communication is open and direct rather than secretive and calculating. Threat and coercion are proscribed. The assumption is made that integrative agreements are possible given the full range of resources existing in the relationship. Attitudes and behaviors are directed toward an increase of trust and acceptance rather than an escalation of suspicion and hostility. The win-win approach requires a very high degree of patience and skill in human relations and problem solving.
Resolution Strategies
Gather new information: To process new information that helps an individual or group modify their incompatible Goals, Actions, and/or Outcomes, or perceptions of them. (Upon gaining new information, people in conflict may realize that they are not in conflict after all, or need not be.)
Therapy: To engage the services of a trained professional to help an individual or group understand their GAO's.
Fight: To win by imposing one's point of view at the expense of the other disputant's. Flight: To lose by strategically opting out of the conflict because the calculated risks of fight (or other strategies) are too high.
Avoidance: To postpone until a later time dealing with the conflict in anticipation of some type of resolution which is not eminently available. 25
Negotiation: Disputants discuss in a rather formal way, the incompatible GAO's between two individuals or groups with the express intent of understanding each other's viewpoints, and reaching a win-win solution. Negotiation is like Mediation without the 3rd party. Communication is key in this method.
Mediation: When a neutral third party facilitates the negotiation process so that power, articulation and knowledge differences are neutralized. There are four main types of meditation (see next section).
Arbitration: When a neutral third party directs the negotiation process and renders a "fair" solution to the conflict. (This sort of directive strategy is often used by teachers.)
Litigation: When the disputants empower the justice system to render a solution to their conflicts. Most of the time, the system is so complicated that each disputant must engage an attorney to represent his/her side of the conflict. Most conflicts are resolved by negotiation between the attorneys; only about 5% of cases are left to a judge or jury to decide.
Eight Steps for Conflict Resolution Step 1:
Know thyself and take care of thyself
Understand your perceptual filters, biases, and triggers
Create a personally affirming environment (eat, sleep, exercise)
Step 2:
Clarify personal needs threatened by a dispute
Substantive, procedural and psychological needs
Look at BATNA, WATNA, and MLANTA
BATNA: Best Alternative to a Negotiated Agreement
WATNA: Worst Alternative to a Negotiated Agreement
MLANTA: Most Likely Alternative to a Negotiated Agreement
Identify desired outcomes from a negotiated process
Step 3: 26
Identify a safe place for negotiation
Appropriate place for discussion/private and neutral
Mutual consent to negotiate/appropriate time
Role of support people (facilitators, mediators, advocates), as needed
Agreement to ground rules
Examples of Ground Rules 1) One person speaks at a time. 2) We will make a sincere commitment to listen to one another, to try to understand the other person's point of view before responding. 3) What we discuss together will be kept in confidence, unless there is explicit agreement regarding who needs to know further information. 4) We agree to talk directly with the person with whom there are concerns, and not seek to involve others in "gossip" or "alliance building." 5) We agree to try our hardest and trust that others are doing the same within the 6) We will support the expression of dissent in a harassment free workplace. 7) We agree to attack the issues, not the people with whom
Step 4:
Take a listening stance into the interaction
Seek first to understand, then to be understood
Use active listening skills:
Take a breath
Remove distractions as much as possible
Sit or face the other person directly with an open posture
Focus on listening as your first priority
Step 5:
Assert your needs clearly and specifically
Use “I” messages as tools for clarification
Build from what you have heard – continue to listen well
Remain open
Remain flexible 27
group.
Step 6:
Approach problem-solving with flexibility
Identify issues clearly and concisely
Brainstorm – or generate options – while deferring judgment
Be open to problem definitions
Clarify criteria for decision-making
Step 7:
Manage an impasse calmly, patiently and respectfully
Clarify feelings
Focus on underlying needs, interests and concerns
Caucus, if appropriate
Step 8:
Build an agreement that works
Is the agreement fair? Balanced? Realistic?
Implement and evaluate
Types of Mediation
Facilitative: In this first and most basic style of mediation, the "mediator structures a process to assist the parties in reaching a mutually agreeable resolution. The mediator asks questions; validates and normalizes parties' points of view; searches for interests underneath the positions taken by parties; and assists the parties in finding and analyzing options for resolution. The mediator does not make recommendations to the parties, give his or her own advice or opinion as to the outcome of the case, or predict what a court would do in the case. The mediator is in charge of the process, while the parties are in charge of the outcome." Facilitative mediation was the only style that existed in the 1960’s and 70’s.
Evaluative: In Evaluative Mediation, the mediator plays a much more direct role in the outcome of the dispute. Generally used in legal situations, evaluative mediators meet with 28
parties separately and assist them in reaching a resolution by pointing out the weaknesses of their cases, predicting what a judge or jury would be likely to do, and making recommendations to the parties as to the outcome of the issues. Evaluative mediators are concerned with the legal rights of the parties rather than their needs and interests, and evaluate based on legal concepts of fairness. Evaluative mediation was developed in the 1980’s as a result of the increased number of courtordered and court-referenced mediations.
Transformative: The transformative mediator uses the modes of the facilitative style but structures the mediation so that disputants recognize each other’s needs, interests, values, and points of view, in order to reach a mutually agreed upon resolution. By taking responsibility for their disputes and the resolutions, the two parties can transform their relationship and leave the mediation feeling their voices have been heard, understood, and respected. An over-reaching goal is a “long-lasting change in how the disputants approach and deal with conflict” (Foster). The mediator attempts to remain impartial throughout the proceedings, attempting to bring “empowerment and recognition
to
the
resolution
process,
not
opinions
or
advice”
(Foster).
Transformative mediation is a product of the mid 1990’s. When done well, transformative mediation is often the most productive method in schools.
Narrative: More of a mediation technique within Facilitative or Transformative Mediation than a fully formed mediation style, Narrative Mediation uses storytelling to get disputants to view the conflict from a distance and imagine what it would be like if the conflict was not an issue between them. The parties then work with the mediator to turn this story into a contract and/or a reality.
Wisdom On Conflict Resolution “Conflict is a collision occurring between teacher and student where their behaviors interfere with each other’s attainment of their own needs, and thus both parties own the problem." - Thomas Gordon, creator of Teacher Effectiveness Training (T.E.T.), as quoted 29
in Wolfgang "Communicating is a process whereby each party understands what the other has to say and formulates responsive messages in a way to create further understanding". "There are some interpersonal conflicts you really need to win, by fighting if necessary, and there are some you really need to lose." Mediation is a voluntary and confidential process in which a neutral third-party facilitator helps people discuss difficult issues and negotiate an agreement. Basic steps in the process include gathering information, framing the issues, developing options, negotiating, and formalizing agreements. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome. Arbitration is a process in which a third-party neutral, after reviewing evidence and listening to arguments from both sides, issues a decision to settle the case. Arbitration is often used in commercial and labor/management disputes. Mediation-Arbitration is a hybrid that combines both of the above processes. Prior to the session, the disputing parties agree to try mediation first, but give the neutral third party the authority to make a decision if mediation is not successful. Early Neutral Evaluation involves using a court-appointed attorney to review a case before it goes to trial. The attorney reviews the merits of the case and encourages the parties to attempt resolution. If there is no resolution, the attorney informs the disputants about how to proceed with litigation and gives an opinion on the likely outcome if the case goes to trial. Community Conferencing is a structured conversation involving all members of a community (offenders, victims, family, friends, etc.) who have been affected by a dispute or a crime. Using a script, the facilitator invites people to express how they were affected and how they wish to address and repair the harm that resulted. Negotiated Rulemaking is a collaborative process in which government agencies seek input from a variety of stakeholders before issuing a new rule. Peer Mediation refers to a process in which young people act as mediators to help resolve disputes among their peers. The student mediators are trained and supervised by a teacher or other adult.
Types of Disputes that Can Be Addressed Through Conflict Resolution 30
Conflict resolution can be used to help resolve almost any type of dispute. Family mediators, for example, help people with divorce, custody issues, parent-child or sibling conflicts, elder care issues, family business concerns, adoption, premarital agreements, neighbor disputes, etc. Other types of conflicts that respond well to alternative dispute resolution include workplace disputes, labor/management issues, environmental/public lkpolicy issues, health care disputes, international conflicts, and many others.
Negotiation A city wants to annex a nearby subdivision with known water quality problems that potentially threaten the public water supply. Residents want safe and dependable water, but are concerned about the cost of hooking up to sewer and water services. City officials and residents bargain to determine how connection costs will be shared and homeowner financing will be structured. This is a relatively common situation in many communities — two groups with related but differing nterests,and the need to act. Finding a solution acceptable to both sides is what negotiation is about. Negotiation is part compromise, part new solution, and part mutual agreement. It is a blending of perspectives to come up with an answer acceptable to everyone involved. It involves finding a way each party can win. The bottom line to finding compromise is structuring an agreement acceptable to all parties. The process of getting there, however, can be difficult. Individuals who help secure such agreements can exhibit considerable skill and understanding of human motivation and behavior. Indeed, seemingly irreconcilable differences can be bridged when the parties sincerely want to do so, and someone can help them find common ground. While few local officials may have inclination to assert themselves as expert negotiators, the skills involved are used in many situations. Understanding a few of the principles employed by professional negotiators may help resolve some of the ordinary conflicts common to local government.
`
A Foundation and Building Blocks for Negotiating
Trust is a significant factor to successful negotiation. A sense of trust determines how much risk individuals are willing to take with one another. Trust is built over time, based on the 31
reputation an individual or group. Once lost, trust is difficult to regain. Being
reliable,
making intentions clear, and following through on commitments are more important to reaching agreement than whether groups agree with one another’s positions. This sense of trust become the foundation for the willingness to enter into a collaborative process. The negotiation process is as important as the outcomes achieved. How an agreement was accomplished will be remembered by participants long after the agreement. Whether people feel good about the outcome will depend on their perceptions of how meetings were conducted, if trust was established, if interests were combined, and how individuals were made to feel respected, involved, and heard. Thus, attention to the process is critical to successful negotiation. Negotiation facilitators and participants can do a number of things to enhance the process and make a solution more likely. They can:
be conscious of the difference between a person’s interest, or the general goals being sought, and a person’s position, or their stated solution;
be creative in seeking solutions, as one idea may stimulate others;
be fair in conducting the process, conceding points or seeking external corroboration of information when needed.
be prepared before committing to an agreement.
be an active listener , focusing on the meaning of others’ words.
be aware of the relative priorities of relationships between participants.
be clear about the alternatives to a negotiated agreementas the option that might be improved through
Approach and Style for Negotiation Process A negotiating stance is the approach or style to be taken in the negotiating process. Choice of the negotiating stance is frequently determined by the desired outcome, whether it is compromise, win-at-all-costs, or forging solutions to maximize all participants’ benefits. Each stance has strengths. It may be appropriate to use different stances in different situations, or even to change as the negotiation proceeds. When stakeholders have vastly different stances, a mediator may be needed. Following are several common negotiating stances.
Collaboration: 32
Everyone involved is an equal participant, and the focus is on maximizing everyone’s benefit. This approach typically requires a good deal of time and effort, but the outcomes are usually durable, given that all participants had at least some of their interests incorporated into the outcome. Collaboration is used when participants have a mutual respect for one another, and the desire is to maintain amicable long-term relationships.
Compromise: Participants in a compromise situation remain equal, but it is expected that everyone will have to give up some aspects of their desired outcomes. Compromise usually achieves a temporary solution and avoids long-term damage to relationships. A compromise can be achieved without a prolonged process. Here, we make note of the important distinction between compromise of one’s principles versus compromise on a choice or a course of action.
Competition: While everyone remains an equal participant in the process, the emphasis here is to maximizeindividual gain without concern for the collective whole. Some may come out winners and others losers. Competition is frequently used when basic rights are at stake or where precedents are to be set. The emphasis is on winning.
Accommodation: Participants in an accommodating situation are no longer equal. Some participants may have a greater stake in the issue, leading to some sort of concession. A concession can be viewed as goodwill or a sign of weakness if used too frequently. It can also indicate a lack of interest or preparedness related to an issue.
Avoidance: When an issue is of little concern to some parties or other issues are more pressing, the situation may be avoided entirely. This usually leads to a “lose-lose” outcome or decisions by default. Conversely, avoidance can be used to gain time to obtain needed information or
33
diffuse tensions at times when little constructive discussion is likely to occur. In this case, setting a time and date to resume discussions can be helpful.
Strategies of Successful Negotiation A negotiation process usually follows this general format. All parties: • share their interests and positions. • brainstorm ideas for potential solutions. • evaluate the ideas in the context of the broadest range of interests. • discuss the ideas and trade aspects of the positions in order to make the idea work. • state a solution. • evaluate the solution for feasibility, legality, cost and practicality. • use a decision-making process, such as voting or consensus, to come to agreement on the solution. • return to the discussion if the solution is not accepted. • put the solution in writing and sign it, once it is found. • prepare for implementation.
The process sounds straightforward enough, but getting to the solution can be a challenge. The objective of each participant is to get as much of their position accepted as possible.
Following are some of the ideas negotiators use when bargaining a position. Good facilitators of a negotiation also will be aware of these techniques and actually encourage them to get closer to agreement.
Be sincere, upbeat, enthusiastic. Give the impression from the start that this is a welcome opportunity to work together as collaborators in 34
resolving an important issue, not as adversaries. Exude confidence that a solution will be found.
Look for corollary advantages as the process progresses. As the interests of various participants are more fully examined, unexpected advantages to your position are likely to emerge. Be aware of this possibility and be prepared to reconsider a position, calling “time out” if necessary to more fully evaluate developments or to communicate with outside partners. Be willing to engage in trading. When asked for a concession, routinely ask for one in return. This can have multiple beneficial effects. It can improve your overall position in getting your interests met. The concession you are giving increases in importance. If i t wasn’t important why would you ask for something in return? Finally, it shows that you take trading seriously. Don’t diminish your interests by selling short. Assert to the other participants that there are many advantages to accepting your perspective on the issue. All of the potential advantages you offer can be treated as bargaining chips to be asserted at the right time. The right time is that point when the chip can have greatest effect in turning the discussion back to the place you want it to be. Far from manipulative, it is smart negotiation. Before an agreement is concluded, it is common to get concessions or add to your interests as the negotiations progress, even if these were items initially rejected. Don’t be afraid to suggest that certain issues be revisited. Connect the suggestion to something more you can bring into the discussion. Be willing to relent, but don’t be afraid to push a bit. Seeking “add-backs” is common and frequently successful. Be careful about agreeing to the first proposal on the table. Experienced negotiators will often send up a “trial balloon” to get a sense of the other participants. It helps them to assess how others are likely to react to future proposals. A good negotiator will use this information to gauge what others are willing to buy into, where there was hesitation, or where others’ sticking points lie. This helps them to craft more serious proposals later and provides crucial information
about timing. By agreeing too
quickly, others’ suspicions will be aroused or they will assume they should have held out for more. Be aware of, and use body language effectively. 35
Visual expression is one of the most powerful means of communication. When a proposal is made or a concession suggested, react visually to reinforce your stance. Without being theatrical or condescending, a raised eyebrow, a small gasp, or a slap of your cheek can communicate much more than words. Don’t roll your eyes; that would be a condescending gesture. Shaking or a nodding your head, leaning forward to listen, or asking for clarification shows your interest and involvement. These types of gestures can convey an image of involvement, concern, and empathy, all of which will make others more favorably disposed to your views.
Be aware of your own vulnerabilities. Don’t make decisions when tired, preoccupied, hurried, or if you don’t fully understand all implications. Having to come back later is better than committing to something out of haste or fatigue. Reneging on an agreement will be much worse than slowing the flow of the process. Have a last-minute concession prepared in the event t he process stalls as it nears completion because of the other party’s need to save face. Sometimes the discussion can reach an impasse because one party realizes their preferred outcome is not going to happen. Sometimes pride or embarrassment gets in the way when a person realizes he or she has to concede. These are natural emotions, and a good negotiator can overcome this by having a concession ready. Even a small concession can break the impasse and get the discussion moving forward. The timing of the concession is key. At the point of heightened tension or pending collapse, even a small concession will appear to be a major breakthrough.
Know your best and worst alternative solutions well enough to know when it is Time to leave the negotiating table. There may be a point where your interests are not being met. Participation in negotiation is voluntary, and nothing prevents a person from walking away. In fact, the gesture of leaving can cause others to rethink their positions. Do not do this as an empty gesture. Do so because your interests are not being met, and let the others know. For greatest effect, this should be done matter-of-factly and not in a fit of anger.
36
Once an agreement is reached, get it in writing, making it a document that all involved will sign. An agreement may be made in theory, but until it is in writing and signed by all parties it is not final. A signature indicates a commitment to implement a solution, or at least not stand in the way. Any required follow-up or other future discussions also should be part of the agreement. Do not make a commitment to begin or implement a solution until the agreement has been signed. Only a signed agreement, specifying the final solution and the responsibilities of all parties, is a mandate for action.
Conflict And Negotiation
Negotiation is generally defined as "a communication process we use to reach an agreement or resolve conflict". For many years, the attention of conflict researchers and theoretists was directed to the laudable objective of conflict resolution. The gradual shift over the last years form a focus on resolution to a focus on settlement has had an important implication for the conflict field. It has increased the importance of understanding negotiation, which id a method of settling conflict rather than resolving it. The focus is not attitude change but an agreement to change behavior in ways that make settlement possible. The shift in favour of techniques of conflict settlement has involved the interest and attention of practitioners in great many fields, ranging divorce mediators to negotiators operating in business, labour, or international disputes.
One of the ways for effective conflict settlement is "enlightened self interest" (Robin J.Z. 1989) which is a behaviour that allows moving towards your objectives in negotiation, and at the same time make it possible for other party to approach his/her goal. It is an amalgam 37
of pure individualism and cooperation, in which you need to find some way of getting what you want – sometimes maybe more or les than you considered before – by leaving the door open for the other side to do well. The most popular anecdote on this point is the t ale of two sisters, who agree over the division of an orange between them (Fisher & Ury, 1981). Each would like the entire orange. The solution is to split it 50-50, which although is fair, it is no necessarily wise. One sister proceeds to peel the orange, discard the peel and eat her half of the fruit; the other peels the orange, discards the fruit, and uses her part of the peel to bake a cake. The key in any negotiation and conflict settlement is to understand each sides underlying interests, needs and values instead of focusing on each sides positions. It is tempting for parties to a conflict to begin by experimenting with a set of adversarial, confrontational in the hope that these will work. People usually make a mistake by thinking why not give hard bargaining a try a first, since if moves such as threat, bluff or intimidation work as intended, the other side may give up without much of a fight. The problem is that once one has left the path of joint problem solving it may be very difficult to return again. It is far easier to move from cooperation to competition than the other way round. Negotiation is one of the tools that help settling a conflict; I would even say that also one with the most creative opportunities. Negotiators have well-recognized interests in the outcome, either in getting a settlement It is always better to try negotiating the conflict first than give it away and let an arbitrator decide about a solution. Although it is not always possible, it gives a chance to focus on a problem and preserve relationship. Sometimes its wise to engage a third-party inviting a mediator into play. We should keep in mind that the less costly solution is one that is focused on joint problem solving – interests; then rights and power, but only when there is no other solution. Focusing on interests, compared to focusing on rights or power, tends to produce higher satisfaction with outcomes, better working relationships and less recurrence.
38
Case Study- 1 Conflict Resolution Process I. Background:
Starting in 1995, the Ministry of Education, Youth and Sport (MoEYS) had entrusted a task to monitor the administrative and financial management process in the general management system within the Ministry. Since 1998, the task evolved and led to the existence of General Inspectorate, which is composed of Inspectorate of Education and Inspectorate of Administration and Finance. Due to the limited number of human resources within the Inspectorate of Administration and Finance and yet-to-be-perfect training in management of the Ministry, a number of irregularities in the education system have arisen and consequently complaints have been passed on to the Ministry for justice and some others have been published through newspapers. This has drawn the attention of the Ministry's management and thus there is a demand to carry out the inspection in order to find out the truth.
II. Conflict Resolution Structure:
One of the major responsibilities of the Inspectorate of Administration and Finance is to conduct an investigation into the process of administrative and financial management and to find a possible solution to any kind of irregular misconduct in the management system in accordance with the complaints and the Ministry's mission order. There is one particular unit within the Inspectorate of Administration and Finance responsible for receiving complaints from education personnel who lodge the complaints in person or through the media publishing irregular misconduct in the education service. The received complaints are numbered and reported by the person in charge to the Director of Inspectorate who then decides, to the extent of the complaint, whether the case involves the finance or administration management. The case is then sent to the Office of Administration and Finance Inspection/Conflict Resolution so that it 39
can be submitted to a higher level for decision-making as to whether there is a need to go down to investigate at the scene or leave it to the provincial level to find a possible solution as a preliminary step while waiting to further study the feedback. In case of the former, when all necessary data has been collected from and the contents of the data agreed upon by the two conflicting parties, the Inspectorate of Administration and Finance reports to the Ministry's management committee for decision, i.e. by convening a meeting to discuss the data from investigation or calling the Ministry's disciplinary committee members consisting of a Secretary of State in charge of inspection as Head of the Committee, Inspector General, Directors General and other line high-level officials concerned as members for a meeting in order to evaluate the fraud or misconduct. The decision reached at the meeting will be then submitted to the Minister for final decision or possible measures, i.e. instructing the Personnel Department to issue a written warning to the person committing mistakes or giving a verbal warning, imposing administrative penalties, relocating his/her dutystation, or dismissal, etc.
III. Basis of Reference for Judgment:
Law on the Code of Conduct of Civil Servants of the Kingdom of Cambodia
IV. Conflict Resolution Procedures:
A. Conciliation/Negotiation: If it is found out that the complaint has arisen from a personal dispute/conflict, the assigned official(s) from the Inspectorate play a role of a negotiator/conciliator and then report to the management for information. B. Arbitration (with involvement of many people in meetings, discussions and decision making process): When it is found out by the official(s) from the Inspectorate of Administration and Finance that the contents of the complaint are factual and justified, the assigned official from the Inspectorate of Administration and Finance has to report on the findings of investigation and attach proof or evidence with elaboration of impacts and submit to the Secretary of State in charge for decision on possible continuation of a meeting or holding a meeting of the disciplinary committee to decide on the reported mistakes. To raise as an example, the parents and education personnel in Chrung Romeas Primary School located in Chrung Romeas Commune, Koh Thom District of Kandal Province have filed a complaint implicating the school principal of continuing to 40
ask for financial contribution from the students and of misuse of the PAP money and lack of transparency (the complaint registered on 15 July 2001 ).
Solution: The Inspectorate of Administration and Finance had proposed to the Ministry's management that a high-level official from the Provincial Office of Education was assigned to monitor the case (as the first phase) and to report back to the central level (Inspectorate of Administration and Finance). The suggested solution was then not able to put an end to the misconduct, as the school principal still did not discontinue such an irregularity. With the continued complaints from the parents and the education officials there, the Inspectorate of Administration and Finance reported the case to the Ministry's management and suggested that a team from the central level go down to investigate at the scene for a determined period of time. The parents, education personnel and local authorities there were met and talked to during the investigation process. Collected information was brought to and verified with the principal who did commit a mistake. The Inspectorate of Administration and Finance submitted the report attaching evidence proof and confession to committing a mistake by the principal to the Ministry's management committee for decision. A meeting was held and attended by a representative from the said province and officials from other line departments to discuss on the penalties imposed against the principal. As a result, it was agreed that the principal was to pay back the amount of the lost money and he was relocated from that school to the District Office of Education.
V. Conclusion:
For a period of three years (2001 - 2003), the Inspectorate of Administration and Financehave received 138 complaints from the parents, education personnel or their representatives either in a form of filing the complaints in person or through the newspapers. Seventy-one cases were investigated at the scenes, reported to the management for decision and with actions taken. The number of the complaints registered and resolution have been put in the report on the Education Congress on a yearly basis. This has drawn attentive attentions from all levels of 41
management at the organizational units to their performance and this could be an input for the selection of Internal Audit Program and Scope of the Internal Audit Unit for its 2003 action plan.
Case Study – 2 Rido: Conflict Resolution among Meranao in Baloi, Lanao Del Norte In an effort to create a clearer understanding of the conflict in Mindanao, The Asia Foundation and the United States Agency for International Development supported
Mindanao-based
research
institutions
and
non-government
organizations in investigating the dynamics of clan violence, otherwise known as rido. This study, along with others, provides a comprehensive conflict map showing the scope and magnitude of clan conflicts in Mindanao. The studies highlight specific cases of conflict, exploring their root causes and conditions for escalation and recurrence, their interaction with state-related conflicts, and the potential for conflict resolution.
STUDY OVERVIEW
Rido, or blood feud, is a cyclic system of vengeance which results in killing and/or retaliation among Meranao families and clans in Lanao. Rido, usually involving families, is characterized by violent initial reactions to a perceived insult or hurt caused by an individual to another. It is followed by retaliatory actions and counter retaliatory attacks by members of the disputants’ families. Without any intervention, such acts may last for as long as three generations (Saber 1960; Caris 1991). Rido has brought about serious problems, such as the loss of lives, destruction of property and disruption of peace and order, which become hindrances to socioeconomic, political and spiritual development in Meranao society (Caris, 1991).
42
These problems are experienced in many aspects of Meranao life, and require resolution to establish solidarity, peace and order in the society. Hence, this study was undertaken to document the occurrence of conflict and handling of
rido among the Meranao of Baloi, Lanao del Norte. The focus was on the application of traditional law
(adat). This research aimed to describe and
analyze the process of rido resolution among Meranao in Baloi, Lanao del Norte. Specifically, the objectives were the following: 1. To know the sociopolitical structure of the community; 2. To find out the common causes of rido and to identify the nature of offenses that result in a rido; 3. To describe the consequences of rido as experienced by the disputants and the community; 4. To describe the salient characteristics of those involved in resolving the rido; 5. To determine the methods employed in resolving the conflict; and 6. To examine the important factors that respondents consider in facilitating the resolution of rido. This study employed a qualitative research design and focused on six barangays in Baloi, Lanao del Norte. Respondents included conflicting parties, mediators, negotiators, community leaders and elders (such as the sultan, datus, Kali or traditional judge, Bae a Labi, and other traditional titleholders), politicians, and influential women. Purposive and snowball methods of sampling were
undertaken.
Researchers
analyzed
primary
and
secondary
data,
interviewed key informants, undertook focus group discussions, observed participants, and utilized case studies.A study on the processes of conflict resolution is important to understand how and why rido is prevalent in Meranao society, and how it is resolved. This can be used as a reference to understand the role of traditional systems in resolving such conflict. With this information, readers may realize that though outsiders have historically perceived Muslim Filipinos as lawless, the Meranao have a high respect for their traditional laws. An attempt to include here the roles of Meranao women in conflict resolution is also deemed important. Hence, the readers will be fully aware that the roles of 43
the Bae aLabi (the female counterpart to the datu) are not symbolic but they have also contributed to establishing order in the society. This study could also be useful to local government officials in handling and managing conflicts. It will provide information for policy-makers in bringing peace and order in the Meranao society. In that way, the cessation of conflict due to rido and its associated violence will be possible.
FINDINGS The process of a mediated settlement flows as follows. Once a dispute arises, all parties quietly begin to assess possibilities for amicable settlement. However, they maintain a belligerent pose until settlement terms are agreed upon. One or more mediators, possibly at the instigation of one of the parties, begin to explore possibilities of arranging a settlement. If agreement on terms can be obtained, then the mediator will arrange a public celebration at which the actual settlement takes place. In this ceremony, compensation (if any) for injury will be publicly handed over. All parties to the dispute, including the community as a whole, bear witness to the settlement and lend their weight to the peace it produces (Dumarpa 1983). The Meranao can choose any of the following modes of settlement: the Philippine courts, the Kitab (Shariah Court), the taritib ago
igma (consensus) or kokoman a kambhatabataa (law of the kinsmen). Taritib ago igma calls for the giving or paying of damages and other forms of punishment, such as a public reprimand of the offender, while kokoman a
kambhatabataa refers to a peaceful mode of settling disputes which requires no damages. The principle behind this latter mode of conflict resolution is the maintenance and promotion of harmonious social relations between the parties in the conflict. This is common when the two parties in conflict are either consanguine or affinal relatives, in which case, reciprocity of aid and services should otherwise exist (Abdullah, 1982; 1997). Most of the Meranao do not submit their rido cases to the 44
Philippine courts, because it is a shame on their honor and dignity that they cannot punish the killer in their own hands. They prefer to avoid being called by demeaning words like “da a orak iyan”, which simply means “coward.” Appeal to the Philippine courts is only done to imprison the killer. The rido, however, does not end there, because once the killer is released, he could still be killed by the other party. The possibility of kasaop (retaliation) is still at hand because of the pricked maratabat (honor/pride). In a settlement, a considerable amount of money, or its equivalent value in the form of goods, passes from one disputant to another. The pattern of who receives or gives the amount is not always predictable. The person who presents the most convincing argument of having incurred more material losses and a greatly injured maratabat gets the payment. The traditional and local political leaders contribute money (ranging from P10,000 to P50,000) for the settlement of the rido. The aggrieved party demands confiscation of the weapon (usually an armalite) used in the killing. Thus, firearms in Meranao society continue to be widely circulated, allowing anybody from the clan to continue the rido. Since a weapon is a sign of power among the Meranao, anybody whose maratabat is trampled can use a firearm to avenge himself and his kin. Cases handled by local political leaders can also be settled through traditional means:taritib ago igma (consensus) and
kokoman a kambhatabataa (law of kinsmen). The rituals of resolution prominently feature the disputants swearing on the Qur’an, to remind them that Islam admonishes its followers to show understanding, patience, and tolerance to all, including the enemy. In the case studies investigated, the role of an influential leader can also be critical in putting an end to the rido. As stated by the informants, women are recognized by Meranao male leaders and the community as mediators. At the first occurrence of rido, they serve as shields as they are spared from retaliation. In the end, though, they serve as pacifiers. They are the first to work for settlement, since they are the most affected by
rido. When rido takes place, men usually hide, and women must take over as financial providers. To be effective, mediators to a conflict must possess gees (power) and influence and have a considerable following in the community. As described by the informants, mediators must be maongangen (wise), maontol (honest), masabar (patient), kasarigan (trustworthy), mawarao (brave), malai 45
paratiya ko Allah (faithful), tatamoken (moneyed) and daa a pagampilan iyan (neutral). Relation to the disputants, either by affinity or by blood, constitutes another factor in the leader’s ability to resolve conflict. Most of the causes of
rido stem from land conflicts. These conflicts can be classified into three types: the miyagagaw sa kawali (conflict over a small parcel of land), miyagagaw sa
gapa (conflict over a huge area of land), and miyagagaw sa tamanaan (conflict over aboundary). Other causes are kapamagagawa sa kadato (political rivalry), election fraud, enthronement of traditional leaders, heated argument, monetary debt, kandaremet (gambling), arrogance of those in power, carnapping, kidnapping, hold-up, stealing of domesticated animals and other household properties, jealousy, envy, expressing disrespect to a family or looking down upon one’s line of descent, adultery, elopement, leges or lobed (rape),
katsismis sa di benar (gossiping), and drug addiction. The cases studied clearly indicate one fact: the trampling of one’s maratabat or that of his kin is a very serious offence in Meranao society and culture. To a Meranao, nothing is trivial when the maratabat of a person or of his kin is assaulted or insulted. Any hurt or harm done and inflicted on one’s maratabat or of his kin requires restoration. The only way to restore a damaged maratabat is to inflict harm through vengeance on the individual who has done the hurt. Therefore, even the slightest incident can result in physical violence, often killing, among Meranao disputants. There appears to be a saturation point in the rido process, during which time the leaders make the crucial decision that enough is enough. Among the disputants themselves, this saturation point is also critical in their decision to seek a mediator. Rido can be settled only when both parties to the conflict decide that they must put an end to it. If both parties to the conflict feel the need for peace,
rido consequently terminates. Among the consequences of rido, disputants typically experience financial burdens, property loss, non-performance of religious obligations due to constant hiding, disruption of children’s academic life, and emotional instability resulting from constant fear and tension. These critical factors turn the rido around into a search for peace and the resolution.
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SWOT ANALYSIS
Strength
Group cohesion-
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A group shows more cohesion when it faces threat from external sources in the form of intra group conflict. In cohesion all members can draw more satisfaction from group activities.
Avoidance of tension-
Conflict may create high tension among the individuals and groups and a stage may come where it is difficult to manage. Here negotiation helps in avoiding frustration and hostility themselves.
Identification of weakness-
When a conflict arises, it may help identify the weakness in the system. The management can take steps to remove the weakness.
Problem solving-
It helps in solving the problem which arises in the organization. It is considered best where both parties have a high degree of respect for each other. Here both the parties are satisfied.
Weakness
Win-lose Approach-
In this approach one party to the conflict tries to Marshall all the resources to win and other party looses. This mostly happens in subordinate-superior, line staff confrontation etc.
Compromise-
It is not useful for resolving conflict that stem from power asymmetry because the weaker party may have little to offer the stronger party.
Displacement of goal48
Due to more stress on negotiation and conflict, organization may forget about its objectives and goals. Due to this it will suffer as decrease in efficiency and productivity.
Dominance-
Due to dominance strategy the stronger party wins. It enables the weaker party or the opponent to give up the fight. It is not the right or ethical way for resolving conflict.
Threat
Unproductively –
Much stress of resolution displaces them from their main aim in organization, further it discontentment and acts as a source of dissatisfaction to the losing party. And they wait for an opportunity to settle the score with the winning party; as a result productivity will suffer.
Resignation of the personnel-
In case of intra-individual and inter-individual conflicts particularly, some dynamic personnel may leave the organization if they fail in the resolution of conflict in their favor. The organization will be sufferer in the long-run by the loss of key personnel.
Creation of distrust-
Conflict may create climate of suspicion and distrust among the people in the organization. It may create discord in place of cooperation. The concern people may develop negative feelings about one another and try to avoid interaction with each other.
Fear in Negotiation -
Fear in negotiation can come from feeling unprepared, unable, or facing a more powerful opponent. The way to deal with fear includes to becoming aware of it, identifying the ways you express fear and the situation which trigger fear, and using behavioral technique to reduce fear and control; its expression. 49
Conclusion
The conflict resolution and negotiation skill is a contemporary topic and very important from HR point of view. In present scenario conflict in some form or degree is part and parcel of human life, hence organization are not free from it. Therefore effective manager spends a great deal of their time balancing a conflict between collaboration and completion among subordinate and help them understand that conflict inherent to sound life. Nevertheless they cause to damage organization. Their for manager should understand nature and causes in how varies parties can be coordinated to make meaningful configuration we all negotiate all the time at work, at home and as a consumer. Some people can negotiate easily but for others negotiation is a source of conflict for they try to avoid this if possible. Negotiation is not only use for business purpose but also used in our several lives. Negotiation is a life’s skill. Skilled negotiator have a more comprehensive understanding of what “Negotiation is them the ordinary execution. The conclusion of the whole research is both the conflict and negotiation skills are the life blood of an organization without them the organization cannot run smoothly & effectively. The ability to effectively deal with conflict is undoubtedly one of the most important skills you will need to be successful in your career and life. Main thing which observed is that communication the reissue whether it is face to face, or the telephone or in writing. Negotiation is not always between two people, it cannot always between two people, and it can involve many people from both the sides. The scope covered by conflict resolution is very vast. It is at personal level, organizational level & even at international level; the main purpose to resolve is to reduce the personal clashes and difference in the set of values. It creates a sense of trust between the parties. 50
