What's New
The Future Of Conflict Resolution: Preaching To The Choir Or Negotiating With Tea Partiers? (11/09/09)
Diane J. Levin I often find myself wishing I lived in California, if only to be able to regularly attend the magnificent events the Southern California Mediation Association plans and presents each year. These programs showcase the talents and intellectual achievements of some of the greatest thinkers and leaders that the field of conflict resolution can boast.
Conflict Revolution: Mediating Evil, War, Injustice And Terrorism By Dr. Kenneth Cloke (11/09/09)
Victoria Pynchon I spent my day Saturday at the annual convention of the Southern California Mediation Association (kudos to attorney-mediator Phyllis Pollack for a fabulous conference!) Ken Cloke spoke eloquently on conflict systems and what mediators can do to "save the planet." I took his presentation (characteristically and densely verbal) and added images to break up the text hoping that Ken won't mind supplementing the English language with pictures).
Conflict Management Coaching at the Transportation Security Administration (10/19/09)
Cinnie Noble, Scott Becker, Sam Slosberg In 2003, the Transportation Security Administration, (TSA), an agency of the U.S. Department of Homeland Security, initiated the development of an Integrated Conflict Management System (ICMS), as part of an innovative Model Workplace Program. A Conflict Management Coaching Program (CMCP) emerged early on as one of the many unique service delivery components of this ICMS. This article discusses how this innovative program was designed and addresses how the CMCP has emerged as an integral component of TSA’s ICMS.
ACRG-NY July Recap: World Bank’s Office of Mediation Services (7/06/09)
Jeff Thompson For those who miss the monthly NYC-DR Roundtable Breakfast meetings sponsored by ACRGNY and John Jay College due to schedules (yes, we are all very busy conflict resolvers) or due to locations (I guess everyone can not be in New York City), I plan to write a recap of each gathering I attend. I hope you enjoy, and feedback is always welcome!
Ombudsman ADR: The 6 C’s Of Sociocratic Peace Building (6/15/09)
Clayton Gilman The 6 C's; communication, complaint, cooperation, consensus, consent and coordination act as mental milestones for facilitators and mediators in group oriented conflict management scenarios. Increasingly the Sociocratic process of self governance is gaining popularity in all sizes and types of groups in North America and is becoming the preferred structure for processing issues, disputes and complaints. The 6 C's support this process between small to very large groups.
The Culture in the Code (3/09/09)
Daniel Rainey In the United States, alternative dispute resolution (ADR) has become a routine, and sometimes even a dominant force in the resolution of disputes that traditionally would have gone through some formal, legal process. One observation from the United States will probably serve to make the point. The American Bar Association (ABA), the premier professional association for attorneys in the United States, now has as its largest interest group the Section on Dispute Resolution – a group within the ABA dedicated to dispute resolution outside the formal legal system.
Contextualizing Disruptive Behavior in Health Care as a Conflict Management Challenge (2/23/09)
John Ford Disruptive physician behavior has been defined by the American Medical Association as “personal conduct, whether verbal or physical, that affects or that potentially may affect patient care negatively.” It is assumed that disruptive behavior by health care workers impacts quality of care and patient safety. How best to respond to disruptive behavior is less clear. This article explores the utility in framing disruptive behavior as a conflict management systems challenge.
Primer decenio de la conciliacion extrajudicial en el Peru, problemas y propuestas de cambio (2/26/08)
Rafael Gonzalo Medina Rospigliosi La conciliación extrajudicial es un medio de solución de conflictos, por el cual un tercero neutral e imparcial denominado Conciliador Extrajudicial asiste a las partes a encontrar su propia solución a sus conflictos que es mas humana, saludable, justa, durable, mutuamente satisfactoria y con el mismo valor de sentencia inapelable, es una poderosa herramienta de tercera generación para solucionar conflictos.
The Conflict Skilled Organization (11/26/07)
Lynne Eisaguirre What is the common denominator in most organizational conflict? The leaders have not spent enough time and energy thinking about
culture —that invisible glue
that holds organizations together and determines organizational effectiveness. Especially lacking
is a failure to think about how they want the culture to address and resolve the inevitable
conflicts each organization faces on a daily basis. A lack of agreement about a common culture
frequently shows up as constant and intractable conflicts.
Organizations in Need of an Effective and Efficient ADR Program (10/01/07)
Victoria Pynchon (right, the bright and beautiful Miss South Carolina, now at the Wharton School of Business; photo links to the NYT article on the Pageant's broken promises) Before there's Miss America, there's Miss California, South Carolina, Oklahoma and the remainder of the fifty states.The problem? The local "Miss" pageants -- the stepping stones up the ladder to Miss America -- pretty much all offer scholarships as prize money to winners, many of whom may ...
A Complex Conflict Analysis of ‘Resolution’ (5/14/07)
Deborah Sword Since I ascribe to the theories of complexity science, it was only a matter of time before I was challenged to write what complexity scientists might say about mediation outcomes and mediators’ investment in same. That time came when Michael, a mediate.com reader, responded to my previous article and asked, “even if there is no particular outcome in mind, does the very act of mediating, i.e. being in the position, influence observations?”
A Team Approach to Fairness in Conflict Management Systems Design (4/02/07)
Blaine Donais In the book Workplace That Work, we have explored options for conflict management systems and introduced the Testing Instrument for Fairness Systems (TIFFS), thus exploring the first part of the Donais Fairness Theory: that fairness can be measured in workplace conflict management systems. But how do we prove the second part of the Fairness Theory - that workplaces can achieve fairness excellence? How do we start the workplace renewal process?
How Fair Is Your Conflict Management System? (3/05/07)
Blaine Donais Many practitioners and commentators have provided advice on developing effective conflict management systems in the workplace. But are these conflict management systems fair to all workplace participants? And is it even possible to measure fairness in conflict management systems? This article proposes that workplace fairness is both measurable and achievable in conflict management systems. As discussed in the book
Workplaces That Work, this is the essence of the Donais Fairness Theory.
Court ADR Systems: The Road Ahead (2/26/07)
Gregory Firestone How does a court seek to create a more comprehensive process that can incorporate the various “disparate strands” of dispute resolution? As Chair of the Florida Supreme Court ADR Rules and Policy Committee Subcommittee on ADR Systems, I am pleased to report that in Florida we are exploring ways to accomplish the broad goals espoused by Professor Sander even though the challenge that he identifies is vastly more difficult to achieve than it would first appear.
Redefining Conflict Management Systems Options (2/05/07)
Blaine Donais This article explores system options for managing conflict in the non-union workplace. This is intended to build upon the work done by others in this area by seeking to categorize the conflict management options as interest-based, rights-based, power-based or communication-based.
Creation of an Ombuds Office Can Prevent Retaliation Claims (1/09/07)
Michael Eisner In its decision in Burlington Northern & Santa Fe Railroad Co. v White, the Supreme Court held that the standard of proof required to establish a retaliation claim under Title VII of the Civil Rights Act of 1964 is less than the standard of proof required in discrimination claims under the same statute. This decision makes it easier for employees to raise retaliation claims and to survive summary judgment motions. In light of this decision it is more important than ever that organizations create informal as well as formal grievance procedures to properly manage conflicts that may give rise to retaliation claims. The creation of an Ombuds Office can help organizations manage these conflicts effectively by helping to resolve them early and at the lowest possible level.
Workplace Disability Conflict Management (10/03/06)
Judith Cohen The publication of “Workplace Disability Conflict Management Best Practices” below brings us full circle in a sense. Our focus has shifted from ADA mediation as a specialized field of practice to its current integration as “ADA conflict management practices” into standard operating procedure at many organizations.
Mindfulness in Conflict Coaching (8/07/06)
Cinnie Noble Conflict coaching is a fast emerging technique in the field of ADR. As a specialized process for helping individuals effectively engage in conflict, coaches assist individuals to determine what will best enable them to reach their objectives, when it comes to how they manage a specific dispute, or conflict in general. To provide coaching in a way that is client-centered and transformative, it is important that coaches develop the capacity to be mindful.
Why Professional Unions Make Good Conflict Management Partners (6/26/06)
Blaine Donais “Professionals and unions just don’t mix. Unions stifle professionalism and are bad for business. They discourage creativity and take an antagonistic approach to conflict management in the workplace. Professionals should have nothing to do with unions.” These are common refrains from those who oppose the unionization of professionals. But what analysis are these refrains based on?
Corporations Will Carry The Bottom Line Torch And Ignite The Diversity Fire In The ADR Profession (6/12/06)
Elizabeth Moreno As Diversity Chair of the ABA Dispute Resolution Section, we have the task of presenting the Diversity Forum at the Annual Conference. This year Corporations were particularly interested in addressing diversity in the ADR field. Unexpectedly, they announced at the Forum that their demands for diversity will extend to ADR providers that they utilize directly and indirectly.
ADR Processes: Applications For Managing Organizational Change (5/01/06)
Myra Isenhart & Michael Spangle The elements for successful organizational change parallel the priorities of ADR processes designed for effective problem solving. Both involve sharing information necessary for identifying potential or existing problems; involvement and commitment of stakeholders who have a vested interest in outcomes; design of a strategy for meeting needs of affected parties; and development of an agreement that can be refined as needs change. Both change management initiatives and ADR processes share the goal of helping parties through transitions.
Peer Conflict Coaching at the Transportation Security Administration (1/23/06)
Michael Rawlings The designers of Transportation Security Administration’s (TSA) Integrated Conflict Management System (ICMS) recognized that typically there is nowhere for an individual to go for the vast majority of daily conflicts and issues he/she faces at work. TSA has chosen to respond through a broad system of conflict management/cooperative problem solving education for all staff as well as through the development of conflict coaching.
Click here for MORE ARTICLES
