Conflict and Mediation Fundamentals

Third Parties and Managing Conflicts:
Some Fundamentals of Conflict and Mediation

A COMM 444/544 presentation
Gregg Walker, Ph.D., Professor

What is Conflict? Common Images of Conflict (Metaphors)

Conflict as . . . a war
Conflict as . . . a mess
Conflict as . . . a game
Conflict as . . . a dance
Conflict as . . . a puzzle
Conflict as . . . an adventure

What is Conflict? Conflict involves . . .

Incompatibility
Interdependent parties
Interests, goals, aspirations
Incentives to cooperate and compete
Interaction; communication
Bargaining/negotiation
Strategy

Where do Conflicts Occur?
    Conflicts are Situational
        They occur on many levels:
         e.g., interpersonal, group, intercultural
    Conflicts occur in many settings:
         e.g., natural resource, business, legal
    Conflicts occur on many scales:
        e.g., community, national, international

What are Conflicts About? Three Dimensions

Substantive Dimension: The “concrete” content of a conflict.
Procedural Dimension: The processes used to make decisions; the rules that govern interaction.
Relationship Dimension: Matters pertaining to the relations between parties, such as power, legitimacy, and face.

What is Conflict Management About? The Progress Triangle

Substance

Procedure Relationship

What are Conflicts about? Sources of Incompatibility

Facts
Values
Interests
Jurisdiction
Personal styles
Culture
History

Who do Conflicts Involve?

Two or more primary parties
Interested secondary parties
People as representatives
Possible media attention
Third parties? . . . perhaps

Responding to Conflicts
When parties are faced with a conflict, they often respond by:

Avoidance (Inaction and Withdrawal)
Accommodation (Yielding)
Competition (Win-Lose)
Collaboration (Problem-Solve)

Responding to Conflicts, continued

Avoidance and Accommodation are
considered PASSIVE responses.
Collaboration and Competition are considered ACTIVE responses.
Conflict responses and strategies reflect dual concerns.

Conflict Responses & Strategies Reflect Dual Concerns

         High
                        Competition    Collaboration
   Concern
     for Self

Low Inaction Accommodation

Low High
Concern for Other

Comparing Collaborative and Competitive Strategies
Factor                   Collaborative            Competitive
Goal                    Mutual Gain              Self Benefit
Resource View    Expandable               Fixed-Pie
Relationship        Valued                      Unimportant
View of Other       Partner                     Adversary
Communication   Open                         Controlled
Trust                     High                           Limited
Power                   Shared                       Coveted

CHARACTERISTICS OF A NEGOTIABLE CONFLICT SITUATION

TWO OR MORE PARTIES
INCOMPATIBLE INTERESTS
VOLUNTARY RELATIONSHIP
INTERDEPENDENCE
MIXED MOTIVE

CHARACTERISTICS OF A NEGOTIABLE CONFLICT SITUATION

EXCHANGE OF RESOURCES or RECONCILIATION OF ISSUES
FLUID PREFERENCES
SEQUENTIAL ACTIVITY
JOINT DECISION-MAKING
DECISION AMONG ALTERNATIVES (BATNA)

Building the Collaborative Relationship: Key Process Factors

Interact and negotiate rationally
Commit to learn and understand
Value disagreement
Keep the door open
Take stock and monitor the situation

Building the Collaborative Relationship: Person Factors

Credibility and integrity
Trust and reliability
Acceptance and respect

Building Collaborative Substance: Distributive Justice Concerns

How will resources be distributed?
What distributive norms apply?

Building Collaborative Substance: Distributive Justice Norms

EQUITY - based on contribution
EQUALITY - all parties share equally
COMPENSATION - based on need
SUBSTRACTION - share the pain

Building Collaborative Procedure: Procedural Justice Concerns

Ownership
Decision Space
Inclusiveness
Incentives
Fairness
Alternatives

Third Party Roles and Conflict and Dispute Situations

As a member of a coalition
As an observer
As a mediator
As a facilitator
As an arbitrator
As a fact-finder or analyst
As a process consultant or conciliator
As a counselor

Third Party Roles and Conflict and Dispute Situations

Which roles are impartial?
Which roles make substantive decisions and sign agreements?
Which roles promote collaborative or mutual gain negotiation?
Which roles analyze both the parties and the problems?

Third Party Roles and Conflict and Dispute Situations
Two roles promote collaborative or mutual gain negotiation:

Mediation
Facilitation

Defining Mediation
Mediation is an interactive communication process for negotiating conflict situations in which an impartial third party helps the disputants attempt to reach a mutual gains agreement.

Defining Mediation
Mediation is an informal process in which a neutral third party with no power to impose a resolution helps the disputing parties try to reach a mutually acceptable settlement.
-- Baruch Bush & Folger, The Promise of Mediation

What is Facilitation?
An impartial “third” party provides procedural guidance to group participants to promote constructive communication, information exchange, learning, and collaborative negotiation.
The facilitator could be a member of the discussion group, but needs to play only the facilitator role (wear only one hat).

Facilitation vs. Mediation

Facilitation and mediation are sibling processes. They feature many of the same features and skills.
Facilitation focuses on the process so that parties can work together well. Reaching agreement is not a primary goal.
Mediation also emphasizes process, but agreement is a primary goal.

Key Features of Mediation

It is a non-adversarial process. The mediator is committed to neutrality and impartiality to the greatest extent possible.
The mediator must put aside self-interest. The mediator must avoid a pre-determined point of view.

Key Features of Mediation

Although mediation may be imposed on disputants, mediation is most effective as a voluntary process. Mediation functions best when parties choose mediation and see mediation as a reasonable alternative to other means for dealing with the conflict.
The disputants reconcile their own differences. They determine the appropriate settlement as a result of joint decision-making. The mediator does not force advice or solutions on the disputants.

Key Features of Mediation

The mediator promotes a collaborative negotiation (integrative, mutual gains) process that emphasizes constructive communication interaction.
Mediators are advocates for the process of mediation rather than advocates for either party.