Reference no: EM133212588

Conflict resolution techniques

Case:

You have been hired to intervene as a conflict mediator in a dispute between the Nuevo Comienzo company and the Las Américas community. It arose from the claim of the residents of this community that Nuevo Comienzo intends to be established in their locality "without having been consulted, not knowing if there is a study that guarantees that the establishment of the company will not go against the protection of the environment and that they intend to create jobs without them being able to compete on equal terms to occupy them". For this reason, they have carried out several protests and threaten to prevent the workers from entering if their claims are not properly addressed. For their part, the directors of the company rejected these allegations, but they have refused to communicate directly with the residents of this community and to deliver the requested environmental study, given the negative attitude that the residents have presented. The purpose of your intervention is to facilitate dialogue between the parties and explore the possibility of establishing an agreement without the need to go to court.

Conflict resolution techniques:

Informal Negotiation

This term may be taken to embrace any person-to-person interaction where participants are seeking an informal mutual agreement. They may do this simply on the basis of discussion or with some kind of agreed deal or compromise solution. This kind of negotiation is often based on bargaining whereby each person pushes for the best deal for him/herself.

This process can remain confidential by agreement and no other party needs to be involved. Sometimes, however, informal help may be offered in this process by friends, by peer group or perhaps through confidential HR, occupational health or other informal involvement.

Mediation

Mediation, as we have seen, involves an intervention whereby an impartial mediator (internal or external) is called upon to provide a structured process within which the parties can exchange understandings about their feelings and issues and can, by agreement, explore new outcomes and together create an agreement for future improvements.

This is still a confidential and informal process but has a public outcome via the voluntary agreements, which should not however appear on employee records.

Facilitation or 'Facilitated Dialogue'

When a situation of work conflict does not sit easily within the parameters and principles of mediation, there is still the flexible option of offering independent facilitation. This involves someone independent of the parties, or someone external to the organization - such as an independent consultant with appropriate skills and experience - who is invited to facilitate a meeting between those in conflict. This facilitation may not include the principles of mediation or be about working relationships and may provide a different approach to facilitated organizational communication or negotiation.

Conciliation

The escalation of unresolved conflict necessitates the involvement in the proceedings of one or more third parties. These agents may be line or senior managers, HR or perhaps other conciliatory bodies such as ACAS. They will basically listen to those in conflict and, having gathered sufficient information, will then assist them by offering advice and helping them move towards decisions.

Though not normally mandatory, these recommended solutions are hopefully adopted by the parties in conflict. This process of its nature is public and will probably therefore be entered on employee records.

Arbitration

This further process adds to conciliation a more formal element whereby the arbitrator, having listened to and weighed up the evidence from both sides, then adjudicates as to the best option for the restoration of performance. The resulting decision may be imposed upon the participants (if it is, for example, binding in law) or may be stated by the arbitrator to be non-binding. Here it is another authority - the arbitrator - that makes the decisions.

This process also covers decisions generated by internal business investigations, management resolutions imposed by authority or the results of a formal disciplinary hearing. These decisions are of course public and will therefore be recorded in employee records.

Litigation

This final process refers specifically to 'recourse to law', either by the employer or by the employee. This may involve variously employment tribunals and civil litigation. The process at this stage will be almost entirely out of the hands of the participants and is prosecuted or defended by lawyers on the basis of evidence submitted to court and of subsequent arguments that are then adjudicated by the judge or jury. This is a public, adversarial and binding process, and consequently there is inevitably a winner and a loser.

In real terms, however, there can often be multiple losers in such situations, simply in terms of the financial and emotional costs to those taking part - as well as damage to reputations or to future employment prospects of the parties involved in the dispute.

Choose one (1) of the conflict resolution techniques  and apply it to thi dispute to try to find a definitive solution to it. Answers:

How would you apply the selected technique to promote dialogue in this controversy?

1. Identify the conflict resolution technique and explain why you selected it.

2. React to a classmate's answer showing the theoretical bases of why you agree or disagree with it. Preferably you should choose someone who has applied a technique different from yours.