Dispute Resolution Skills Overview

1. Dispute Resolution Skills Overview Warren Hills, Ph.D Associate VP-Human Resources November 29, 2011

2. Dispute Resolution Skills Training • You find your car damaged in an FSU parking lot; • You had an argument with family members over the (Thanksgiving) holiday break and left without closure; • You have an ongoing conflict with one of your resident hall suite-mates; • You tried to return a purchase to a local merchant, but they would not take a return or offer a refund; or • Your neighbor’s dog dug under the fence at your rental, did damage to your backyard, and your landlord wants to hold you responsible.

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4. Dispute Resolution Skills Training ADR Processes: Negotiation Mediation Facilitation Conciliation Conflict Coaching

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6. Dispute Resolution Skills Training Definitions: Positions - A statement of what a party wants. It represents just one way the party's needs or interests can be met. Positional bargaining usually involves blame and demands. It often offers only the possibilities of a win/lose solution or of a compromise of both positions.

7. Dispute Resolution Skills Training Needs and Interests - May be short or long term stable concerns underlying a position. Needs and interests have to do with basic things: time, money, space, reputation, security. There are usually many ways to satisfy a need or interest. Interest based negotiation allows parties to work together to solve the problem in a way that meets the most important needs of both groups.

8. Dispute Resolution Skills Training Rights - A just or fair claim to anything whatever; power or privilege that belongs to a person by law, nature, or tradition. Power - The ability to do or capacity to act; the ability to control others; authority; sway; influences; physical force or energy. Values - Deeply held beliefs ‑ religious, ideological, cultural. Values must beunderstood and taken into account, but cannot be changed by negotiation. Behaviors stemming from values may be the subject of negotiations.

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10. Dispute Resolution Skills Training Conflict Constructs (Internal): • Transaction (Behavior) • Interpretation (filters) • - Sensation • - History and beliefs • Emotion • Reaction (Behavior)

11. Dispute Resolution Skills Training (External) Motivation for Settlement:“Who’s the customer?” (Outside of campus) • “Third Party” (Court) ordered • Vendor/customer • Neighbors • Family

12. Dispute Resolution Skills Training (External) Motivation for Settlement:“Who’s the customer?” (On campus) • EEOC Regional Hearing Officer • President/Provost/Dean • “Feuding” departments • Feuds within departments • Your Employees (Subordinates) • Your Peers

13. Dispute Resolution Skills Training Facilitative Mediation Model : (Community Dispute Resolution Program: Mediator Skills-Building Training – Josh Stulberg & Lela Love, 1997) • BADGER Mediation Process • Beginning the Mediation • Accumulating Information • Developing the Agenda • Generating Options • Escaping to Separate Meetings • Resolving the Dispute

14. Dispute Resolution Skills Training • Begin the discussion – • Timing, neutral location and preparation for the meeting • Assure the safety/security of all participants • Reinforce confidentiality • Explain how the “process” will proceed • Assess the participants’ readiness to begin • Establishment/agreement on “ground rules” • Expectation of outcomes

15. Dispute Resolution Skills Training • Accumulate information – • Allow equal, uninterrupted time for each party – reasonable “venting” of emotions • Utilize listening, questioning, and note-taking skills • Problem ID - Isolate the emotions and look for underlying issues – Any concerns with “balance of power”? • Attention to behavior/body language, disputants’ grasp of reality, and “hidden agendas” • Handle emotions/disruptive behavior with authority • ID key issues - Summarize

16. Dispute Resolution Skills Training Listening Exercise

17. Dispute Resolution Skills Training • Did Love get to work on time? What time did her carpool leave? • Name one person in Love’s carpool? • What injuries did Love sustain? • Did love’s lawyer tell her she could get damages for her injuries? • Whose umbrella did Love trip over? • What type of job did Love have? • Did Love call Stulberg or see her lawyer first? • What relationship do Love and Stulberg have?

18. Dispute Resolution Skills Training • Develop the agenda – • Define the problem(s) - Restate and summarize • ID areas of agreement and disagreement • Assist the participants in prioritizing issues and demands

19. Dispute Resolution Skills Training • Generate movement (options) – • Ask for suggestions - Direct back to req’d outcomes • Suggest/restate/summarize alternatives • Attention to resources – Those already spent and those available • Help evaluate fairness/practicality of alternatives • Facing impasse, continue suggestions or . . .

20. Dispute Resolution Skills Training • Escape to private meeting(s) – • Follow steps for “generating options” in private meetings • Allow opportunity for this option to all parties • Keep discussion confidential unless agreed upon • Good opportunity for reality checks

21. Dispute Resolution Skills Training • Resolve the conflict – • Resolution (document?) or No Resolution • Establish follow-up / follow-through as appropriate • Express thanks and congratulations to participants

22. Dispute Resolution Skills Training Mediation Video Conflict Resolution Services Traverse City, Michigan

23. Preparatory Conversation. Ensuring Appropriateness Stage 1 Discovering the Story Stage 4 Enacting the Best Story Skills Styles Negotiation Other ADR Stage 3 Crafting the Best Story Stage 2 Exploring Three Perspectives Identity Emotion Power The Parallel Process Maximizing Success Dispute Resolution Skills Training Conflict Coaching Process:

24. Dispute Resolution Skills Training Conflict Coaching Process: Identity Emotion Power

25. Preparatory Conversation. Ensuring Appropriateness Stage 1 Discovering the Story Stage 4 Enacting the Best Story Skills Styles Negotiation Other ADR Stage 2 Exploring Three Perspectives Identity Emotion Power Stage 3 Crafting the Best Story The Parallel Process Maximizing Success Dispute Resolution Skills Training Conflict Coaching Process:

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27. Dispute Resolution Skills Training • You find your car damaged in an FSU parking lot; • You had an argument with family members over the (Thanksgiving) holiday break and left without closure; • You have an ongoing conflict with one of your resident hall suite-mates; • You tried to return a purchase to a local merchant, but they would not take a return or offer a refund; or • Your neighbor’s dog dug under the fence at your rental, did damage to your backyard, and your landlord wants to hold you responsible.

28. Dispute Resolution Skills Training Web Reference Sites: http://courts.michigan.gov/scao/resources/other/cdrpcenters.pdf http://www.campus-adr.org/ http://www.mediate.com/

29. Dispute Resolution Skills Training Mediation Specialties: U.S. Postal Service – Redress I and II Mich. Dept. of Civil Rights/EEOC Divorce Domestic Violence Real Estate Insurance Agriculture Education Services (Special Edu)

30. Dispute Resolution Skills Training Bibliography Beer, J. E., & Stiff, E. The mediators' handbook. New Society Publishers. Bush, R., & Folger, J. P. (1994). The promise of mediation. San Francisco: Jossey-Bass, Inc. Cloke, K., & Goldsmith, J. (2001). Resolving conflicts at work: A complete guide for everyone on the job (First paperback ed.). San Francisco: Jossey-Bass. Cornelius, H., & Shoshana, F. (1998). Everyone can win: How to resolve conflict (Paperback ed.). Australia: Simon and Schuster. Crawley, J., & Graham, K. (2002). Mediation for managers: Resolving conflict and rebuilding relationships at work (First ed.). London: Nicholas Brealey Publishing. Dispute Resolution Training for Faculty Conflicts. (March, 2003). Michigan State University. Training for faculty dispute resolution process Faber, A., & Mazlish, E. (1980). How to talk so kids will listen and listen so kids will talk. New York: Avon Books. Fisher, R., Ury, W., & Patton, B. (1991). Getting to yes: Negotiating agreement without giving in (2nd ed.). New York, N.Y.: Penguin Books. Jones, T.S., & Brinkert R. (2008). Conflict coaching. Thousand Oaks, CA.: Sage Publications.

31. Dispute Resolution Skills Training Kritek, P. B. (1996). Negotiating at an uneven table. San Francisco: Jossey-Bass. Lang, M. D., & Taylor, A. (2000). The making of a mediator: Developing artistry in practice. San Francisco: Jossey-Bass. Lieberman, D. J. (2002). Make peace with anyone: Breakthrough strategies to quickley end any conflict, feud, or estrangement (First ed.). New York: St. Martin's Press. Moore, C. W. (2003). The mediation process: Practical strategies for resolving conflict (Third ed.). San Francisco: Jossey-Bass. Redress: Transformative mediation training. (January 28-29, 1999). Flint, Michigan. Stack, H. (March 13, 2003). Interest-based bargaining: Negotiation as collaborative problem solving. Paper presented at the Michigan College and University Professional Association for Human Resources - Spring 2003 Conference, Wayne State University, Detroit, Michigan. Stulberg, J. B. (1987). Taking charge/Managing conflict: D. C. Heath. Stulberg, J. B., & Love, L. P. (1997). Conducting the mediator skill-building training program. Lansing, Michigan: Michigan Supreme Court - State Court Administrative Office. Tannen, D. (1990). You just don't understand: Women and men in conversation. New York: Ballentine Books. Gender communications

32. Dispute Resolution Skills Training Ury, W., Brett, J. M., & Goldberg, S. B. (1993). Getting disputes resolved: Designing systems to cut the costs of conflict. Cambridge, Mass.: Program on Negotiation at Harvard Law School. Warters, W. (May, 2002). Bibliography on dispute resolution in higher education. Retrieved September 13, 2003, from www.campus-adr-org/Main_Library/higheredbib.html Wells, S. A. (2002). Michigan law for everyone (Second ed.). Royal Oak, Michigan: LAWells Publishing.