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MEDIATION, CONFLICT RESOLUTION & EFFECTIVE COMMUNICATION WHAT IS CONFLICT? The Nature of Conflict • Conflict is an inevitable part of life. • Conflict signals a need for change. • Conflict can result in a learning experience. • Conflict can be positive and productive. If people express their feelings and needs in a positive and constructive way it reduces anxiety and prevents the escalation of conflict. • Conflict can lead to positive growth in working and personal relationships. 4 The Third Side • Fight • Flight/Freeze • The Third Side 5 Conflict Resolution Styles Every person has their own style or way of handling themselves in a conflict. Some use a variety of styles while others depend solely on one. There are five distinct conflict resolution styles: Avoidance (turtle) “Not now, maybe later” It is easier to withdraw than to face difficult issues. Accommodation (teddy bear). “Let’s try it your way”. Values relationships over goals and will give up on goals in order to be liked. 6 Conflict Resolution Styles Compromise (fox) “Let's make a deal” Looks for a solution where each gives up something Problem Solving (owl) “Let's work it out together”. Values both goals and relationships Problem solving process is the only conflict resolution style that allows for the potential of a win-win outcome. Confrontation (shark) “Hit head on” Tries to overpower opponents. Goals are important, relationships aren’t. 7 GETTING TO YES • Separate the People from the Problems • Know Your BATNA (Best Alternative to a Negotiated Agreement) • Focus on interests, not positions or values • Explore options for mutual gain • Use objective criteria 8 Win-Win Outcomes 9 Conflict Ladder • Needs/interests • Positions • Values 10 Positional Negotiation 1. Assumes you know all the relevant information 2. Goal is to convince the other side that your point of view makes the most sense 3. Tactics focus on “dividing the pie” or win/lose concessions 4. Compromise or concessions strain the working relationship 5. ZOPA (Zone of Possible Agreement) is minimized Interest Based Negotiation 1. 2. 3. 4. 5. 6. 7. 8. Avoids repetition or escalation of conflict Builds partnerships and community Increases commitment to action plans Creates transparency about decision making Clarifies shared and divergent interests Flexible and creative agreements Focuses time & energy on substance and positive outcomes Leads to durable agreements Examples of Needs/Interests • • • • • Autonomy/ Freedom Respect/ Fairness Trust/ Reassurance Equality/ Justice Being heard/ Appreciation • Predictability/ Consistency • Acknowledgement/ Recognition • • • • • • • • • Understanding/ Clarity Growth/ Healing Safety/ Shelter Self worth/ Respect Honesty/ Authenticity Independence/ Choice Support/ Cooperation Friendship/ Sharing Community/ Family 13 14 15 16 17 18 19 20 21 The Truth Absolute truth often does not exist Truth is often not the most important factor in a dispute Fact-finding will often not resolve the problem between the parties Fact-finding raises the risk of compromising the mediator’s neutrality Mediators are not trained for factfinding 22 Start an information sharing conversation 1. 2. 3. 4. “Unpack” a position: describe the meaning and why it is important to a person or organization Clarify interests; acknowledge both shared and competing interests Practice listening and conflict management skills Use open-ended questions Building Agreements 1. 2. 3. 4. 5. Generate options based on individual and joint interests Evaluate options by setting priorities among interests Use reality checks to test agreements Consider “experiments” to test tentative agreements Write detailed agreements and action plans Managing Dirty Tricks Create ground rules Ignore or call out bad behavior Name it: “I’m not sure that yelling is really going to get us anywhere” Ask what’s going on: “You seem really upset. How come?” Reflect and diffuse strong emotion Use repetition or silence Reinforce positive behavior Go to the balcony Try a different tool End the relationship Listening Skills 26 The Truth Absolute truth often does not exist Truth is often not the most important factor in a dispute Fact-finding will often not resolve the problem between the parties Fact-finding raises the risk of compromising the mediator’s neutrality Mediators are not trained for factfinding 27 3 LEVELS OF LISTENING •Facts (what) •Needs (why) •Emotions (how) 28 Eight Ways We Don’t Listen • Mind Reader Thinking “what is the person really thinking or feeling?” • Rehearser - “Here’s what I’ll say next.” • Filterer - Selective listening • Dreamer - Drifting off • Identifier Referring everything to your own experience • Derailer Changes the subject quickly • Sparrer Belittle or discount • Placater Agree with everything to be nice or to avoid conflict Source: The Writing Lab, Purdue University Press 29 MEHRABIAN’S RULE 30 Breaker Switches/Hot Buttons • Things that drive you crazy • Types of people for whom you have limited tolerance • Character traits that cause you to lose patience 31 Managing Hot Buttons/Breaker Switches • Self-awareness • Go to the balcony • Count • Breathe • Silence • I’m outta here! • Others? 32 Conflict Management Toolbox 1. Listen Actively 2. Reframe/restate/ 3. Reflect emotions 4. Intervene as little as possible, but as much as is necessary 5. Use of Silence 6. Look for apologies 7. Look for areas of agreement 33 Conflict Management Toolbox 7. Reality Testing/BATNA 8. Brainstorming 9. Find the Interests Underlying the Positions 10. Caucusing/Shuttle Diplomacy 11. Use Objective measuring tools 12. Be Future-Oriented 34 QUESTIONING TECHNIQUES 35 Closed-ended Questions 36 Open-ended Questions 37 USE OF SILENCE 38 REFLECTING EMOTIONS 39 Reality Testing Tell me what that will look like? How will that work? What happens if we are not able to reach an agreement in mediation? Have you gotten any legal or other professional advice? People Mediation! A Recent study by the Center for Conflict Resolution showed the characteristics of mediation most favored by participants are: • Ability to use their own vocabulary; • Having enough time to tell their story; • Being listened to; • Feeing empowered to generate and craft options and solutions 41 What is NYSAMP? The New York State Agricultural Mediation Program is one of 35 programs around the country, funded by the United States Department of Agriculture, that provide conflict Management services for cases Involving agricultural producers. In NYS, the funds are administered by the NYS Unified Court System and the NYS Dispute Resolution Association. Services are offered in all 62 counties of the state. COMMUNITY DIALOGUE ON CHALLENGING ISSUES We can help you host productive, respectful conversations on challenging issues facing your community Dialogue and discourse; not argument and debate Sample Principles and Ground Rules for Community Conversations Everyone is encouraged to participate. We listen to each other. No one or two individuals dominate. Speak from the heart. All the major choices or positions on the issue are considered. We remember that conversation is the natural way humans think together. Seek to understand rather than persuade Be brief One person talks at a time. Don’t cut people off. We expect it to be messy at times. 4 Pine West Plaza; Suite 411; Albany, NY 12205 Peter Glassman -- Statewide Director of the NYS Agricultural Mediation Program [email protected]