24
1 ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution

  • Upload
    debbie

  • View
    217

  • Download
    0

Embed Size (px)

DESCRIPTION

 

Citation preview

Page 1: Alternative Dispute Resolution

1

ALTERNATIVE

DISPUTE

RESOLUTION

Page 2: Alternative Dispute Resolution

2

A face of a person or the word Liar?

What Do You

See in the picture

on the left?

(Hint: Tilt your head)

Page 3: Alternative Dispute Resolution

3

Conflicts startFace of a person

Page 4: Alternative Dispute Resolution

4

because

Page 5: Alternative Dispute Resolution

5

We don’t always see the same things the

same way.

Face of a person

The word Liar

Page 6: Alternative Dispute Resolution

6

The Nature of ConflictThe Nature of ConflictThe term conflict was originally defined The term conflict was originally defined

as "striking at another," "to fight with as "striking at another," "to fight with an enemy or do battle with opposing an enemy or do battle with opposing forces."forces."

Later meanings: Later meanings: "being antagonistic," "a clash between "being antagonistic," "a clash between contradictory impulses within an contradictory impulses within an individual.individual.””““A disagreement where the parties A disagreement where the parties involved perceive a threat to their needs, involved perceive a threat to their needs, interests, or concernsinterests, or concerns””

Page 7: Alternative Dispute Resolution

7

Negative ConnotationsNegative Connotations

We associate negative feelings when we think We associate negative feelings when we think of conflict. When we hear words like ..."war, of conflict. When we hear words like ..."war,

battle, collision, tension, disagreement, or battle, collision, tension, disagreement, or opposition," negative emotional responses opposition," negative emotional responses are that conflict is not only negative, but are that conflict is not only negative, but should also be regarded as dangerous in should also be regarded as dangerous in

nature and avoided at all cost. nature and avoided at all cost.

Page 8: Alternative Dispute Resolution

8

Conflict as Creative Conflict as Creative ProblemProblem--Solving StrategiesSolving Strategies

Understanding the areas of disagreement Understanding the areas of disagreement to solve the right problem and manage to solve the right problem and manage the needs of the parties involved the needs of the parties involved Normal experiences within the work Normal experiences within the work environment environment Essential to positive approaches to conflict Essential to positive approaches to conflict management management

Page 9: Alternative Dispute Resolution

9

There are three Levels of There are three Levels of Conflict:Conflict:

Intrapersonal ConflictIntrapersonal Conflict

Interpersonal ConflictInterpersonal Conflict

IntragroupIntragroup ConflictConflict

Page 10: Alternative Dispute Resolution

10

Intrapersonal ConflictIntrapersonal Conflict

a conflict that takes a conflict that takes place within place within

the individual. the individual.

Example: a person who feels guilty about telling sexual/ethnic jokes but participateswhen friends are around.

Page 11: Alternative Dispute Resolution

11

Interpersonal Conflict Interpersonal Conflict

a conflict between a conflict between individuals in the individuals in the

same locationsame location

Example: Experiences within the work environment that arise as we go about managing complex and stressful projects. Developing procedures for identifying conflicts that are likely to arise and systems to constructively manage them can lead to ways to turn the conflict into a productive learning experience.

Page 12: Alternative Dispute Resolution

12

IntragroupIntragroup ConflictConflict

Example: Conflict is often caused by issues of group cohesion (i.e., lack of or limited resources) Use meetings as a tool for effective problem- solving, including anticipated conflicts to keep channels open, not perceived as unsafe or non- productive, or riddled with gossip and back-biting.

a conflict between groups in a conflict between groups in the same organization or the same organization or command. command.

Page 13: Alternative Dispute Resolution

13

Sources of ConflictSources of Conflict

The most common causes of conflict The most common causes of conflict situations between people are:situations between people are:

Different Values and BeliefsDifferent Values and BeliefsPerception DifferencesPerception DifferencesDiverse Goals or ObjectivesDiverse Goals or ObjectivesGroup Status or IdentityGroup Status or IdentityRace, Ethnicity, or Gender DifferencesRace, Ethnicity, or Gender Differences

Page 14: Alternative Dispute Resolution

14

Flight (Walk Away)Avoiding the other personWithdrawing from the other personWithholding informationNot returning messagesSilent treatment

Fight (Power Plays)Threatening the other personGetting others to take sidesShouting at the other personHostile gestures or remarks

Signs of Conflict:People will do one of two things when confronted with a conflict. They will either fight or take flight. Examples of both are:

Page 15: Alternative Dispute Resolution

15

Trigger

Perception of threat(cognition)

Anger(emotion)

Acting out(behavior)

Repetition

The anatomy of a conflict starts with a trigger:

Cognition – Our thoughts, ideas, and perceptions

Emotion – Our feelings of anger, fear and hurt

Behavior – Our verbal and nonverbal actions

Page 16: Alternative Dispute Resolution

16

Your Behavior

Your Behavior

My Attitude

MyAttitude

Or to put it another way --- My attitude affects Your behavior and Your behavior affects My attitude

Page 17: Alternative Dispute Resolution

17

The strategy to end a conflict isThe strategy to end a conflict is

NOTNOTME against YOU ME against YOU

but but ME AND YOUME AND YOU

against the problemagainst the problem

Page 18: Alternative Dispute Resolution

18

The Army uses mediation as The Army uses mediation as part of the alternative dispute part of the alternative dispute resolution process to help end resolution process to help end

conflicts in the workplaceconflicts in the workplace

Page 19: Alternative Dispute Resolution

19

The advantage in using mediation for early The advantage in using mediation for early resolution is to have open communication resolution is to have open communication between two parties to resolve differences between two parties to resolve differences and improve work place relationships. and improve work place relationships. Mediation enables both parties to talk with Mediation enables both parties to talk with each other with a neutral party present each other with a neutral party present (mediator). (mediator).

Page 20: Alternative Dispute Resolution

20

Mediation provides a trained, neutral, Mediation provides a trained, neutral, impartial thirdimpartial third--party (mediator) to guide party (mediator) to guide the parties through a structured process the parties through a structured process to resolution. to resolution.

Mediation can be applied to most workplace Mediation can be applied to most workplace disputes and allows both parties to disputes and allows both parties to maintain control over the outcome. maintain control over the outcome.

Page 21: Alternative Dispute Resolution

21

The process is swift, confidential, fair, low The process is swift, confidential, fair, low cost, and noncost, and non--adversarial in nature. When adversarial in nature. When an aggrieved employee accepts an offer to an aggrieved employee accepts an offer to participate in the mediation process, it is participate in the mediation process, it is mandatory for a management official with mandatory for a management official with settlement authority to also participate.settlement authority to also participate.

Page 22: Alternative Dispute Resolution

22

When both a management official (with settlement When both a management official (with settlement authority) and an aggrieved employee have a authority) and an aggrieved employee have a chance to discuss the concern or issues at hand, chance to discuss the concern or issues at hand, mediation has proven successful in reducing mediation has proven successful in reducing informal and formal complaints. informal and formal complaints.

Whenever there is a dispute between two parties, Whenever there is a dispute between two parties, consider the benefits of mediation as a starting consider the benefits of mediation as a starting point for both parties to communicate. point for both parties to communicate.

Page 23: Alternative Dispute Resolution

23

Mediation can resolve differences and Mediation can resolve differences and improve workplace relationships. improve workplace relationships.

Contact your Contact your Equal Employment Opportunity Office Equal Employment Opportunity Office

to find out more about to find out more about Alternative Dispute ResolutionAlternative Dispute Resolution

Page 24: Alternative Dispute Resolution

24

The below individual has successfully completed

Certificate of CompletionCertificate of Completion

___________________________Print Name

_________DateAlternative Dispute Resolution Alternative Dispute Resolution

TrainingTraining

The below individual has successfully completed

Certificate of Completion

________________________Print Name

________Date

Alternative Dispute ResolutionTraining