CONFLICT MANAGEMENT: REVIEW

What is conflict?

Conflict Classification- inner, interpersonal, social and structural

Conflict Type people and substantive

SOURCES OF CONFLICTS

RELATIONSHIP PROBLEM

SUGGESTED RESPONSES:

LISTEN

HELP PARTIES HEAR EACH OTHER

HELP ESTABLISH POSITIVE CONNECTION

GET PARTIES COMMUNICATE CONSTRUCTIVELY

TREAT ALL PARTIES WITH RESPECT

DATA PROBLEM

SUGGESTED RESPONSES:

Help each other decide on

INFORMATION NEEDED

CREDIBLE WAY OF GATHERING INFORMATION

HOW INFORMATION SHOULD BE INTERPRETED

STRUCTURAL PROBLEM

SUGGESTED RESPONSES:

IDENTIFY THEM

DO NOT BLAME PEOPLE

TRY TO OVERCOME THEM

 ACCEPT THEM

VALUES DIFFERENCES

SUGGESTED RESPONSES:

HELP EDUCATE EACH OTHER

HELP PARTIES AGREE TO DISAGREE

FIND AND FOCUS ON COMMON VALUES

INTEREST PROBLEM

SUGGESTED RESPONSES:

ENGAGE IN INTEREST-BASED PROCESS

USE BEST ALTERNATIVE TO NEGOTIATED

AGREEMENT

MUTUAL GAINS APPROACH

A dispute resolution process whereby disputants mutually agree to:

1. Listen and understand each others perspectives

2. Identify and focus on common or compatible interests/concerns

3. Find actions to satisfy common or compatible interests, mutually

beneficial or fair to all parties

ELEMENTS OF MUTUAL GAINS APPROACH

SEPARATE PEOPLE PROBLEMS FROM SUBSTANTIVE PROBLEMS

FOCUS ON INTERESTS RATHER THAN ON POSITIONS

IDENTIFY OPTIONS FOR MUTUAL GAINS

 INSIST ON THE USE OF OBJECTIVE CRITERIA

KNOW AND DEVELOP YOUR BATNA

NEGOTIATION A problem solving process in which two or more people voluntarily

discuss their differences to reach a decision acceptable to them

MEDIATION A dispute resolution method whereby a neutral and mutually acceptable third party
helps the disputing parties engage in a settlement process. The decision on how to resolve the conflict
or the final choice of the solution to the issues in dispute rests on the disputants themselves.

ARBITRATION the third party, based on the information presented to him by the disputants and based
on his own investigation of the case, provides the best possible solution subject to the concurrence of
the disputants.

MERITS OF MEDIATION

Economic decisions

Rapid settlements

Mutually satisfactory outcome

High rate of compliance

Customized agreement

Greater degree of control and predictability of outcome

Personal empowerment

TYPES OF MEDIATION

One-man mediation only one mediator

Co-mediation conducted by a team of two or more impartial and neutral third parties to assist
the participants arrive at an acceptable settlement to a conflict

MEDIATION ROAD MAP

1. Preparation for Mediation

MEDIATOR TO:

Explain what mediation is

Gain an initial understanding of the problem
Prepare parties for the mediation
 Set time, venue andphysical set up

2. Mediators opening remarks

Welcome parties, introduce if necessary

Set a positive tone, calm, congenial for the meeting
Explain the goal of mediation and ethical standards for mediator
Clarify expectations regarding he role of mediator, the parties, and the mediation process
Setting the ground rules with parties to guide behavior
Get commitment of the parties to begin the process

3. Parties sharing of perspectives on issues and concerns

Select the party to speak first

Ask the party open-ended questions
Listen attentively, ask probing or clarifying questions
Asks if party wants to add anything else
Ask the other party to ask any clarificatory questions
Repeat process with other party

4. Mediators summary of issues to be addressed

Summarize the collective issues and interests of parties.

States issues in a neutral form
Ask parties if there is anything to address in the meeting
Reiterates to the parties that the list of issues they want to address.

5. Problem solving on each issue or set of issues

Select and proposes to parties the first issue for discussion

Frame in the issue in a neutral and positive terms
Ask questions and elicit further discussion from parties
Ask parties to generate options or ideas to satisfy their interests
Engage parties in evaluating their options based on their needs
Summarizes results of their evaluation by stating chosen option
Ask if they want to modify or improve chosen option

6. Reaching closure
 Review the agreement reached by parties
Ask parties to confirm if that is what they want
Ask questions to help parties develop procedures in implementing the agreement
Check parties level of procedural and psychological
satisfaction to ascertain that agreement is doable

7. Written agreement

Write down agreement of the parties

Give the parties opportunity to review
Parties sign the agreement to affirm their commitment to the settlement.

Guidelines in Co-Mediation

Prepare with co-mediators ahead of time

Discuss strategy to use jointly in session

Divide responsibilities among yourselves

Discuss how to change strategies in session

Determine how you can interrupt each other

Discuss how to balance involvement in the session

Look for ways to support each other

Sample Mediation Agreement

Date : February 11, 2010 Time: 9:30 A.M.

Case No. 03-12-009 Place: Pob. San Isidro, Bohol

Mediator/Conciliators: Pasito Asoy

Plaintiff: Ben Ancla Defendant: Jose Algabre

Address: Purok 1, Pob. San Isidro Address: Purok 3, Pob. San Isidro

1. Jose agrees to pay Ben the sum of P10,000.00 as unpaid obligation.

2. Ben agrees to stop telling other people of Joses act of evading from

his obligation

3. Ben will not anymore charge interest from the obligation

4. Jose will pay the said amount in 2 months from February to March 2010.
Signed _____________________________ __________________________

Date_______________________________ ___________________________

Mediator(s)_________________________ ___________________________

EFFECTIVE COMMUNICATION

ACTIVE LISTENING

TIPS:

Use conducive listening posture, eye contact

Paraphrase, ask clarifying or reflective questions

Give statements of understanding

Take Note

Summarize core message

PITFALLS:

Confuse listening with agreeing, mix listening with evaluating

Assume responsibility for what is being presented

PROBING

TIPS:

Ask open-ended questions

Ask one question at a time

Give time to answer

Reinforce answer verbally and/or with body language

Summarize core message

PITFALLS:

1. Confuse probes with leading questions

2. Fill silence instantly

 FEEDBACK GIVING

Relates to:

Recognizing success

Developing new perspectives

Facilitating change of dysfunctional behavior

TIPS:

Start with positive examples

Describe the behavior

Use I messages

Describe the consequences of the behavior

Check for clarity of understanding

REFRAMING

TIPS:

Listen

Ignore garbage

Work to understand interests

Restate in neutral, positive words that capture partys interest

FRAMING

TIPS:

Neutral

Open to multiple options

Focus on the interests of the parties

As a joint problem to be jointly solved

 Jurisdiction: KP
All cases, except

One party is the government or any subdivision

One party is a public officer/employee in the performance of his public duties

Offenses punishable by imprisonment of more than 1 yr or 5000 fine

Offenses with no offended party

Dispute involving real property in different city/mun

Dispute involving parties residing in different city/mun

CASES REFERABLE FOR MEDIATION

Civil cases, settlement of estates, and cases covered by the Rule on Summary Procedure,
except those which by law may not be compromised

Cases cognizable by the Lupong Tagapamayapa

The civil aspect of BP 22 cases

The civil aspect of quasi-offenses