What is this conflict resolution style wherein one party view the relationship with the other party as the most important consideration and not the attainment of ones goals?

When it comes to dispute resolution, there are so many choices available to us. Understandably, disputants are often confused about which process to apply to their situation. This article offers some guidance, adapted from Frank E. A. Sander and Lukasz Rozdeiczer’s chapter on the topic in The Handbook of Dispute Resolution (Jossey-Bass, 2005).

Inhaltsverzeichnis Show

• Related Posts
• How to Manage Conflict Between Your Team Members
• Conflict Resolution Skills for Managers
• Be Proactive
• ​Be Fair and Impartial
• Step in When Needed
• Avoid Assumptions
• 5 Conflict Management Steps
• 1. Speak to Team Members Individually
• 2. Bring People Together
• 3. Ask the Wider Team for Ideas
• 4. Draw up a Plan
• 5. Follow up
• Seek Conflict Resolution Guidance and Support
• Reflect on Your Conflict Management Skills
• What is this conflict resolution style wherein one party view the relationship with the other party as the most important consideration and not the attainment of one's goals?
• What are the 5 styles of conflict resolution?
• Which conflict handling style is preferred when the issues are much less important to you than to the other party?
• What is compromising style of conflict?

Suppose that parties and their lawyers have exhausted their attempts to negotiate a resolution. They’re ready for outside help in ending their dispute, yet they don’t know exactly where to turn.

Here’s a review of the three basic types of dispute resolution to consider:

1. Mediation

The goal of mediation is for a neutral third party to help disputants come to a consensus on their own.

• Rather than imposing a solution, a professional mediator works with the conflicting sides to explore the interests underlying their positions.

Mediation can be effective at allowing parties to vent their feelings and fully explore their grievances.

Working with parties together and sometimes separately, mediators can try to help them hammer out a resolution that is sustainable, voluntary, and nonbinding.

2. Arbitration

In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute.

• The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.

The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present at the time and which standards of evidence will be used.

Arbitrators hand down decisions that are usually confidential and that cannot be appealed.

Like mediation, arbitration tends to be much less expensive than litigation.

3. Litigation

The most familiar type of dispute resolution, civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury.

• The judge or the jury is responsible for weighing the evidence and making a ruling. The information conveyed in hearings and trials usually enters, and stays on the public record.

Lawyers typically dominate litigation, which often ends in a settlement agreement during the pretrial period of discovery and preparation.

For more information on how to handle a dispute resolution, read these related articles:  Three Questions to Ask About the Dispute Resolution Process – Three essential questions you need to ask about the dispute resolution process, Make the Most of Mediation – Make sure your next mediation session succeeds with these negotiation skills tips, Top Ten Business Negotiations of 2013 – Our top ten business negotiation deals of 2013, The Art of Deal Diplomacy – Combine the arts of diplomacy and savvy business negotiation in your next session at the bargaining table after reading this article, Capture the Best of Mediation and Arbitration with Med-Arb – Combine mediation skills and arbitration skills in your next session at the bargaining table and improve your results.

What do you think of these Dispute Resolution methods? Have you used any of them before? Let us know in the comment section below.

Originally published in 2014.

Adapted from “Trying to resolve a dispute? Choose the right process,” in the August 2009 issue of Negotiation.

Related Posts

9 MIN READ

How to Manage Conflict Between Your Team Members

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Resolve team conflict before the "fireworks" get out of hand.

Your people bring different perspectives and knowledge to your team, improving problem solving and performance. But sometimes difference can lead to conflict. And you'll need to deal with it!

In this article, we'll look at ways to identify and resolve conflict in your team, and to keep working relationships healthy and productive.

First, we'll highlight a few general skills and approaches that a manager can call on in conflict situations. Then we'll look at a five-step process for applying those skills in practice.

(If you want to understand why conflict arises in the workplace, and how to resolve conflict between you and a colleague, read our introductory article, Conflict Resolution.)

Conflict Resolution Skills for Managers

By using the following approach, managers will likely be able to stop conflict before it gets out of hand.

Be Proactive

Leaving someone out of an email chain, delivering an inappropriate personal remark, or triggering a flash argument... conflict often starts with small disagreements that escalate fast. So if you spot conflict, avoid leaving it to team members or HR to resolve – instead, take action! This shows that you treat conflict seriously and won't condone destructive behavior.

Observe

Signs of conflict can be subtle, but you can detect them by being aware of the interactions within your team. Things to look out for include:

• Body language, such as crossed arms or leaning away from people.
• Facial expressions, such as frowning or gazing down.
• Tone of voice, such as a cutting, disparaging or dismissive way of speaking.

The better you know your individual team members, the more easily you'll pick up on cues and spot tensions that may be lurking under the surface. As well as the details of the conflict, keep in mind that you may need to consider if competing values are contributing to the tension.

​Be Fair and Impartial

Even if you agree with one or more individuals in a conflicting team, make sure that you remain objective.

Give everyone the time and opportunity to present their own perspective on events and to respond to any criticism. It's vital that all parties are able to state their case and are listened to.

Step in When Needed

Be sure not to allow certain individuals to dominate the conversation or bully more reserved colleagues. If one person is constantly talking over others, keep your questions directed at the person being interrupted.

If people still attempt to interrupt, politely ask them to wait until their co-worker has finished before inviting their point of view.

Avoid Assumptions

When facilitating a conflict discussion, avoid stating as facts things that you only think you know or may have heard. For example, it's best to use phrases like, "As far as I'm aware," or, "As I understand it."

This also allows for the possibility that your understanding is wrong or incomplete. And it creates an opportunity for the conflicting parties to restate their cases and clarify misunderstandings.

Be Patient

Resolving team conflict can take time. Especially with volatile, arrogant or domineering personalities. It can also be a challenge to engage introverted or uncommunicative employees.

So, it's important to be patient and persevere. Read our article The Role of the Facilitator for more ways to move talks forward.

5 Conflict Management Steps

When a situation gets out of hand, you may need to step in as a direct facilitator, with a targeted approach to resolving team conflict.

First, make sure that team members understand basic conflict resolution skills. You can point them to our article Conflict Resolution to learn more about the different types and causes of conflict and to try out some key skills.

Next, follow these five steps, adapted from the Chartered Institute of Personnel and Development (CIPD) framework. [1]

1. Speak to Team Members Individually

Start by having an informal one-on-one with each team member involved in the conflict. This way you can hear people's concerns in a safe, confidential setting. In these meetings:

• Avoid making assumptions and let people open up in their own time.
• Reassure the employees that the discussion is confidential.
• Ask each party the same questions to remain impartial.

2. Bring People Together

Once you've got a better understanding of the conflict and everyone's perspectives, it's time to bring the relevant parties together and act as a moderator.

Set some ground rules before getting the conversation underway. Encourage team members to listen to one another, respect each other's points of view, and not interrupt or make personal comments. During the conversation:

• Moderate to keep the tone of the conversation calm and non-threatening.
• Encourage active listening so people really understand where the other person is coming from.
• Encourage individuals to share ideas. What do they want or need? What would they be prepared to commit to? Encourage them to brainstorm some solutions.
• Ask them about situations where they've worked well together in the past. See if they can build on those positive experiences.

If the discussion becomes heated, pause it and reconvene when everyone's had a chance to calm down. Be alert for any passive-aggressive behavior.

Read our article Managing Emotion in Your Team for more tips for measured talks.

3. Ask the Wider Team for Ideas

When a conflict affects the whole team, provided it's not sensitive or confidential, you can ask for everyone's perspective.

Talking things out helps you and your team to consider different assumptions, beliefs and decision-making approaches. This can also be a part of creating a "psychologically safe" environment, where people feel comfortable sharing ideas and concerns, thus preventing future conflicts.

4. Draw up a Plan

Ask the parties to detail agreed-on actions for reconciliation. And get each to commit to this strategy. You can draw up a timetable for actions, ticking them off as and when they are achieved. Hold all relevant parties accountable.

5. Follow up

Ensure that issues have been resolved properly by following up on the situation. For example, people may still feel aggrieved but not want to drag things out. You can use one-on-ones to prevent old disagreements from resurfacing. And try an anonymous team survey to get feedback and reveal any lingering frustrations.

Seek Conflict Resolution Guidance and Support

When you're faced with a challenging conflict situation in your team and are unsure how to handle it, seek support from a trusted colleague, your line manager, or your HR department.

If your efforts at conflict resolution don't work, you'll need to be willing to pursue formal procedures if necessary. And some situations, such as harassment, discrimination or bullying, require a formal disciplinary process to be followed. In these instances, or if you are in any doubt, liaise with your HR team for advice.

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Reflect on Your Conflict Management Skills

Consider what you did well and where you could improve after handling a conflict situation in your team. Solicit feedback from the team members involved to find out how effective they felt you were at helping resolve the situation.

Now think about structural or procedural improvements you can make to prevent future conflict. These could be:

• Setting clear goals for every team member – when people experience the right amount of pressure, they perform well.
• Make sure that people's responsibilities match their skills. Offer learning and development opportunities to plug skills gaps and help your people to realize their career aspirations.
• Using regular one-on-ones to sound out potential sources of future conflict.

As the CIPD concludes, the key to resolving conflict is to, "Build an environment in your team that is open, respectful, kind, fair and consistent, in which people feel 'psychologically safe.'"

Key Points

Team conflict is natural. But by practicing the conflict management skills we outline here, you'll be able to spot and deal with issues between team members before they escalate.

To avoid team conflict:

• Be proactive.
• Observe.
• Be impartial.
• Step in when needed.
• Avoid assumptions.
• Be patient.

If team conflict persists, address it by implementing these five steps:

1. Speak to team members individually.
2. Bring people together.
3. Ask the wider team for ideas.
4. Draw up a plan.
5. Follow up.

What is this conflict resolution style wherein one party view the relationship with the other party as the most important consideration and not the attainment of one's goals?

What are the 5 styles of conflict resolution?

Which conflict handling style is preferred when the issues are much less important to you than to the other party?

What is compromising style of conflict?