SUMMARY AND MESSAGE OF THE COURSE:Definitions of conflict, Negotiation, Meditation, Adjudication

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Conflict Management HRM624

Lesson 45

SUMMARY AND MESSAGE OF THE COURSE

Introduction to conflict

Conflict is everywhere. Every relationship has conflict. It exists inside us. It exists around us. It is natural

and inevitable part of all human social relationships. It occurs at all levels of society - intrapsychic,

interpersonal, intragroup, intergroup, intranational and international (Sandole & Staroste, 1987).

Conflict is a kind of disagreement and discord between two or more persons, parties or entities. The

conflict could also be among ideas, values, perspectives, thoughts, opinions or attitudes. Conflict is

ubiquitous at all levels of human social relationships. Some social scientists have given conflict a bad

reputation by linking it with psychopathology, social disorder and war (Burton, 1990). Conflict is not

deviant or sick behavior. Social scientists need to analyze the level and the type of the conflict in order to

understand the phenomenon.

Conflict is largely a perceived phenomenon. It is our perception of the situation that determines if a

conflict exists. Conflict may be either healthy or unhealthy. Moreover, it should not be taken as the opposite

of order. Though, there is orderliness in conflict yet it can be disorderly.

No two persons in the world are absolutely same or absolutely different. Therefore no two persons can feel

or think alike. The difference between thinking of different people causes conflict. The parties in conflict

believe they have incompatible goals, and their aim is to neutralize, gain advantage over, injure or destroy

one another.

Conflict is the root of personal and social change. Hence, the organizations have conflict because of its ever

changing environment. Conflict prevents stagnation. It stimulates interest and curiosity. Conflict

management is very popular in business schools. The role of the administrator or a manager in an

organization is to handle day to day conflict in the allocation of limited resources.

Definitions of conflict

a. Conflict is a state of opposition, disagreement or incompatibility between two or more people or groups

of people.

b. A state of opposition between persons or ideas or interests

c. A hostile encounter between two or more people

Interpersonal conflict

An actual or perceived incompatibility of goals between two or more people or entities is termed as

interpersonal conflict.

Incompatibility need not be realized by either disputant. It means a conflict may be latent in the sense that it

is not recognized by either of the parties.

Conflict resolution

There are many ways to resolve conflicts - surrendering, running away, overpowering your opponent with

violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes

referred to simply as conflict resolution, grew out of the belief that there are better options than using

violence or going to court. Today, the terms ADR and conflict resolution are used somewhat

interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside

of the traditional court system. The field of conflict resolution also includes efforts in schools and

communities to reduce violence and bullying and help young people develop communication and problem-

solving skills.

Alternative Dispute Resolution (ADR)

Dispute resolution processes used in the resolution of legal, commercial, and other interpersonal conflicts

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Conflict Management HRM624

1. Other than litigation

2. Other than doing nothing

3. Other than illegal or violent means

In simple words, alternative Dispute Resolution, or ADR, is a way of resolving disputes without going to

court.

Forms of resolving conflict (Alternative Dispute Resolution)

Common forms of conflict resolution include:

1. Negotiation

2. Meditation

3. Conciliation

4. Arbitration

5. Adjudication

Negotiation

Negotiation is a discussion among two or more people with the goal of reaching an agreement.

Broadly speaking, negotiation is an interaction of influences. Such interactions, for example, include the

process of resolving disputes, agreeing upon courses of action, bargaining for individual or collective

advantage, or crafting outcomes to satisfy various interests. Negotiation is thus a form of alternative dispute

resolution.

Negotiation involves two basic elements: the process and the substance. The process refers to how the

parties negotiate, the context of the negotiation, the parties to the negotiation, the relationships among

these parties, the communication between these parties and the tactics used by the parties. The substance

refers to what the parties negotiate over, the agenda the issues, the options, and the agreements reached at

the end.

Meditation

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.

Conciliation

Conciliation is the least intrusive of third-party processes. A neutral person agreeable to all parties is

selected to serve as conciliator. The conciliator serves as a go-between. Typically the conciliator meets

separately with each party in attempts to persuade the parties to proceed with each other. Thus, the

conciliator's primary role is to reestablish or improve communication between the parties.

When the parties are too angry to speak with each other, a conciliator may be all that is needed.

Arbitration

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.

Adjudication

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including

legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and

obligations between the parties involved.

Three types of disputes are resolved through adjudication:

1. Disputes between private parties, such as individuals or corporations.

2. Disputes between private parties and public officials.

3. Disputes between public officials or public bodies.

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Alternative Dispute Resolution (ADR) in Pakistan

Various alternative dispute resolution (ADR) techniques are used in Pakistan. Some of the relevant

laws/provisions dealing with ADR are as follows:

7. Section 89-A of the Civil Procedure Code, 1908 (as amended in 2002) read with Order X Rule 1-A

(deals with alternative dispute resolution )

8. The small Claims and Minor Offences Courts Ordinance, 2002

9. Sections 102-106of the Local Government Ordinance, 2001

10. Sections 10 and 12 of the Family Courts Act, 1964

11. The Arbitration Act, 1940

12. Article 156 of the Constitution of Pakistan, 1973 (National Economic Council)

13. Article 184 of the Constitution of Pakistan, 1973 (Original Jurisdiction when federal of provincial

governments are at dispute with one another)

Conflict management can rightly be said an art. Conflicts are to be described through mental pictures or on

paper with sociograms. This exercise clearly shows the parties to a conflict, their interests; and indicates

possible ways to resolve the conflict. After describing the conflict, it is analyzed with the help of looking

into interests of the parties involved in the conflict, either directly or indirectly. The strategies used to

resolve the conflict may also be the combination of two or more methods. Conflicts can be handled

skillfully by understanding the nature of the conflicts and applying the best strategies.

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