Conflict Management: A Practical Guide

Description

Dedication Full Title Copyright Foreword Foreword to the Second Edition Preface: A Multidisciplinary Approach Acknowledgments Table of Contents Chapter 1 Understanding Conflict Introduction: The Aims of this Book Why conflict management? A definition of conflict Conflict and dispute Models of Conflict The Dollard/Miller model Rummel’s structural model The Deutsch model Sources of conflict Three vital ‘intangible’ components of conflict Social change and conflict Culture and conflict The process of conflict Conflict and storytelling Entrapment and conflict Equilibrium in Conflict The ‘Good’ and ‘Bad’ Outcomes of Conflict Conclusion Exercises Chapter 2 Responding to Conflict: Dispute Management Preferences Introduction Alternative ways of responding to conflict Rights, Power and Interests The Role of the Third Party Generating and Confronting Conflict Guerrilla warfare: Conflict management by covert means Five Ways of Responding: The Manager and Conflict Party Preferences Preferences and fairness Control and fairness in making choices: The instrumental model of justice Conflict in the ‘compact city’ (high-density housing) Role, Status and Timing as Predictors of Disputant Preference Conclusion Exercises Chapter 3 Communication: Managing Emotions, Difficult Conversations and Complaints Introduction: Reading the Room Communication Ideals Barriers to Effective Communication Active Listening: The Elemental Skill of the Conflict Manager Questions: Swords that Cut Both Ways Being directive Managing Anger and Other Emotions in Conflict The role of anger Affect theory and the role of shame Emotional Intelligence Managing our own emotions Managing emotions in others The ABCs: Affect, Behaviour and Cognition Assertiveness Skills Characteristics of submissive, avoiding, aggressive and assertive responses An assertiveness process Expanded assertiveness The ‘reinforcement sandwich’ Complaints Management Describing complainants Managing complainants in groups and organisations Verbal Jujitsu: Managing Difficult People The three levels of conflict Common reaction to these tactics The ‘Stop-Attend-Reframe’ (STAR) Approach Using Verbal Jujitsu The direct attack: Crocodiles and land mines Circular attack: Magpies Multiple attacks Silence: The submarine The Procrastinator Negativity: Complainants and ‘black holes’ Expert overkill: The know-it-all The nice pill: Marshmallows Self-attack Conclusion Exercises Chapter 4 The Rise of Alternative Dispute Resolution Introduction The Modern ADR Movement The Accreditation of Mediators Why ADR? Efficiency, Proportionality and Dispute System Design Combining justice with efficiency Continuing and Future Issues ADR Clauses in Contracts: A Short Legal History Possible conditions precedent to maintain a viable dispute resolution clause Severability, compliance and remedies The power to order mediation How to Draft a Dispute Resolution Clause Arbitration: The Forgotten Process? Reform of Australian arbitration law Conclusion Exercises Chapter 5 Collaborative Practice Introduction The Collaborative vs the Coercive Approach Five-phase Structure for Collaborative Conflict Management Phase 1: Define the issues/problems Phase 2: Concentrate on interests, not on outcomes Phase 3: Generate options Phase 4: Select an option or options, and implement Phase 5: Evaluate Other Collaborative Techniques Using creative metaphor — a root-cause analysis Persuasion and audience Collaborative Legal Practice Collaborative family lawyering Contrasting mediation with collaborative law Conclusion Exercises Chapter 6 Negotiation: Models, Strategies and Tactics Introduction Negotiation ‘tightropes’ and the cost–benefit relationship Stabilising reference points for negotiators: managing interdependency The Zone of Possible Agreement The Role of Persuasion Models of Negotiation Structural approach Strategic approach Behavioural approach Concessional exchange theory Integrative models Distributive Negotiation Some important tactics in distributive negotiation Integrative Negotiation Essential elements of the principled approach Criticisms and limitations of the Getting to Yes model Advantages of the integrative approach Combining the Two Models: Creating and Claiming Value Threats Tit-for-Tat Gender and Negotiation The Cultural Factor Conflict management in Aboriginal and Torres Strait Islander communities Other analyses of the cultural factor The Process of Negotiation Phase 1: Preparation — choosing the dance floor and the music Phase 2: Process and agenda construction — choosing the dance Phase 3: Exploring needs and discovering interests — dancing Phase 4: Intensive negotiation — the tango beat Phase 5: Agreement-making — the curtsy and the music break A summary of the negotiation process Conclusion Exercises Chapter 7 Mediation Introduction The National Mediator Accreditation System The Evolution of Modern Mediation Facilitative mediation Evaluative mediation Transformative mediation Narrative mediation The Advantages of Mediation Disadvantages and Criticisms of Mediation Knowledge, Skills, Values and Artistry The Mediation Process Phase 1: Preparation Phase 2: Introduction — outlining the process and creating trust Phase 3: Statements Phase 4: Agenda construction Phase 5: Exploration Phase 6: Private sessions Phase 7: Negotiation Phase 8: Agreement Phase 9: Implementation, review and revision A summary of the mediation process Some Particular Issues for Lawyer Mediators Ethics Confidentiality and admissibility Good faith requirements Managing lawyers and other third party experts Conclusion Exercises Chapter 8 Restorative Justice and Conferencing Introduction Defining Restorative Justice The Beginnings of Restorative Justice Implementation issues Bureaucracy Social Control The Theft of Crime Public Sentiment Theoretical Underpinnings Neutralisation theory Affect theory Reintegrative shaming Tyler’s theory of procedural justice Sherman’s defiance theory Collins’ theory of interaction ritual chains Restorative justice and responsive regulation Evaluation of Restorative Justice Processes Standards and the Regulation of Restorative Justice The Conference Process Mediation and Conferencing Stages of the conferencing process Stage 1: Pre-conference Stage 2: Introductions and ground rules Stage 3: Narratives Stage 4: Exploration and transition Stage 5: Agreement/outcome plan Stage 6: Conclusion Conclusion Exercises Chapter 9 Conflict, Justice and System Design Introduction The Maintenance of Group Conflict Diabolical solutions Group Change in Conflict Power Important sources of power Unitary, pluralist and radical organisations Decision-Making, Thinking and Bias Typical decision-making styles The process of conflict in groups Conflict at Organisational Interfaces and Groupthink Partnering: A Way of Managing the Organisational Interface The Five Dimensions: Developing a Learning Organisation Systems thinking Personal mastery Mental models Building a shared vision Discipline of team learning Benchmarks for Good Alternative Dispute Resolution Practice Fairness and Justice Instrumental and relational theories Do outcomes affect perceptions of the process? Can role affect justice perceptions? Combining justice and institutional analysis with ADR Conflict Management System Design Responding to emerging conflict Team building Collaborative problem-solving Developing a more responsive conflict management system Useful Consultation Techniques The Delphi technique Nominal group technique Search conferences Conclusion Exercises Chapter 10 Practical Group Facilitation Introduction: What is Facilitation? The context of facilitation Group Dynamics and the ‘Initial Position’ Stages of group development Decision-Making: The Stepping Stones of Group Life First order problems: The process of decision-making Second order problems: Dealing with new or contentious issues The Role of the Facilitator Key facilitator attributes Preparing for your role in the facilitation Core Facilitation Skills Core facilitation skills in detail Finding Out: Group Evaluation Skills CATWOE: Arriving at a ‘root definition’ The SWAT analysis Plotting group development Conflict analysis Concept building and the ladder of inferences: At what level are we talking? Establishing the Climate for Creative Cooperation Introductions checklist Ground rules Preliminary statements and summaries Goal statements Developing constructive agendas Exploration: Moving into divergent conversations Structured Interventions to Assist Open and Divergent Discussion Brainstorming Making reports Categorising Small groups Individual reflection Structured go round Talking paper Selecting items from a long list Some Techniques for Breaking Through Impasse During Exploration: Using NRCP Developing Creative Options and Negotiating Outcomes: Moving into Convergent Conversations Sustainable Agreement-Making When consensus cannot be reached Mean groups: Working with resistance Strategies for Empowering Individuals and Groups Closing Off Debriefing Conclusion Exercises Bibliography Index