Vous êtes sur la page 1sur 51

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. Aggarwal Sir (Advisor) 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, for
guiding me right from the inception till the successful completion of the project. I sincerely
acknowledge her for extending their valuable guidance, support for literature, critical
reviews of project and the report and above all the moral support she had provided to me
with all stages of this project.

2
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 concept is globally practiced in the organization to increase the efficiency 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.

3
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

Negotiation is considered as a compromise to settle an argument or issue to benefit our


self as much as possible. It is a process 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.
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.

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 resolution and negotiation skills were 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
nature and causes of conflict and how various parties can be coordinated to make
meaningful contribution.

Overview of the report is missing

Don’t put in headings, keep i in para

5
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

6
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.

7
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.

8
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.

10
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”.

11
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 its 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.

12
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 self-
fulfilling 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.

13
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 frustration-


It 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.

15
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

16
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 is 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)

18
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:

19
 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.

20
 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:

21
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 social-
psychological 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, lose-
lose, 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 we-
they 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 group.
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
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 court-
ordered 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 it 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 the 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 tale 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.

46
SWOT ANALYSIS

Strength

 Group cohesion-

47
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 goal-

48
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
The tension and frustration is totally removed and a sense of cooperation & coordination
comes into.
Lastly conflicts cannot be totally removed but they can be minimized by following certain
methods applying negotiation skills to create a better and good working environment.

Bibliography
1. Principle and practices of management -

L M Prasad

2. Human Relation and organizational Behaviour -

R S Dwivedi

3. Conflict management and negotiation skill -

IIHT Academy

4. http://www.oznet.ksu.edu (link by Google.com)

5. Wikipedia.com

6. Scribd.com

Chk font size and style

51

Vous aimerez peut-être aussi