1. Change, Conflict, and Alternative Dispute Resolution
Change, Conflict, and Alternative Dispute ResolutionNo plan is perfect, nor are we as
members of society. Problems are bound to arise, and few are more troublesome than
conflict between colleagues, peers, patients, customers, or other health care
professionals.The combination of the individuality of staff, patients, consumers, and other
healthcare professionals creates a new set of dynamics. With each new environment,
managers are faced with making adjustments whether they have been with the organization
for a number of years or you are just beginning. For example, an employee may not be
comfortable with your management style because he or she has not experienced it before.
Employees may have to make adjustments to either their schedule or the way in which they
complete the requirements of their job. These types of adjustments can cause attitude and
morale shifts either positively or negatively.Most employees have a difficult time adjusting
to changes represented by a manager or a fellow colleague. Any adjustment can cause
internal conflict that then can have an effect on the dynamics of the learning environment
and potentially cause group conflict. These types of conflict, whether internal, interpersonal
or within a group, should never be ignored because they can be very disruptive to a work
environment.It is important to distinguish the differences between change and conflict.
Conflict, in part can be define as€¢ Continued struggle or battle, especially warfare between
opposing forces.€¢ Disagreement or clash between ideas, principles, or people.€¢
Psychological state resulting from the often unconscious opposition between simultaneous
but incompatible desires, needs, drives, or impulses.€¢ Opposition between or among
characters or forces in a literary work that shapes or motivates the action of a plot.€¢ Being
incompatible, in opposition, or in disagreementChange, in part, is defined as€¢ Becoming
different, or making something or somebody different.€¢ Exchanging, substituting, or
replacing something.€¢ Passing or making something pass from one state or stage to
another.€¢ Remove one or more articles of clothing and replacing them with something
else.€¢ Alteration, variation, or modification, or the result of a change.€¢ Variance from a
routine or pattern, especially a welcome one.€¢ Shifting from one state, stage, or phase to
another.Conflict is often perceived negatively and occurs between two individuals, whereas
change tends to have a positive or neutral connotation and is generally independent of an
interaction between two or more individuals. Change happens to the employee or the
organization/department; conflict arises among employees or with a manager. As noted
below, there are strategies and or processes for managing both.Change means something is
happening or different. There are two types of change: controlled and uncontrolled.
2. Learning communication skills and strategies to manage conflict will assist managers in
managing controlled and uncontrolled change by helping them understand the people
affected by both types of changes to predict their reactions, assist them in transition, and
anticipate ways to motivate those impacted by change, to name a few.Uncontrolled change
happens as a result of a change in the external environment. For example, a death in the
family can dramatically impact how an employee will perform in an
organization/department and with his or her peers. Because change is part of the fabric of
our society, an employee’s ability to adapt is crucial to maximize academic potential. Change
can create unrest, anxiety, tension, and resistance. Any of these negative reactions will upset
the dynamics of the organization/department and create obstacles in building and
maintaining a learning community. Effective management of an organization or a
department within an organization requires change-management skills. The ability to
reduce tensions, anxieties, fears, and resistance to both controlled and uncontrolled change
is a key asset to a manager.Conflict management is the key to eliminating and neutralizing
this threat to healthy work environment dynamics. No plan is perfect, nor are we as
managers or employees. Problems are bound to arise and none are more troublesome than
conflict among teammates, coworkers or between a manager and an employee. In aIDition
to communication skills, primary alternative resolution methods are negotiation, mediation,
and arbitration.Negotiation can be formal or informal. As a manager, you may negotiate
without realizing this is what you are actually doing. For example, an employee requests a
change to their schedule. Your communication is a negotiation of the final decision.
Negotiation can resolve most conflicts if good communication skills are used throughout the
process. Keep in mind that listening may be the most important skill you can use in the
negotiation process.Even when the best communication skills are used, negotiation
sometimes fails. Values, morals, and personal interests can prevent the employee(s) and/or
manager from finalizing an agreement.When negotiation fails, mediation is typically the
next process used to manage conflict. Mediation can be described as a structured
negotiation with a neutral third party called the mediator. The manager for the
organization/department usually serves as the mediator when the conflict is between two
or more employees. The primary role of the mediator/manager is to assist the employees
with their communication skills. A third party (the manager) is necessary when employees
have failed to achieve a successful resolution of a conflict or come to an agreement on their
own.Key components for mediation are neutrality, emotion management, and ground rules.
It is crucial for the mediator/manager to remain neutral throughout the process so that the
employees feel comfortable and an environment for communications, trust, and respect is
created. In the mediation process when one employee feels the other employee is favored
by the manager, trust is lost, communication breaks down, and the process usually fails.
Emotion management is no more than keeping the employees focused and maintaining a
logical perspective. It is important that emotions are never ignored because they are
commonly the source of the conflict. For example, on the surface, a conflict may appear to
be one employee not contributing his share of work in a team project, but in reality the
employee hurt the other’s feelings by failing to accept a lunch invitation. The process of
mediation is designed for such issues to surface and be resolved. Ground rules are
3. important for the process, as designed, to be successful. If the conflicting employees were
able to successfully communicate they would not need mediation. Emotions can hinder an
employee’s ability to listen. An important ground rule is no interruptions allowed. One
person speaks at a time, while the other listens.Mediation is a voluntary process. There are
various mediation models containing stages to create an organized structure for the
process. Typically, the models will begin with an introduction, findings and/or summary of
facts, generation and selection or alternative solutions, and a summary/conclusion. Drafting
the final agreement is an option for the employees.Mediating conflicts will provide stability
and instill positive feelings within the class. It is important to use this form of conflict
management when relationships will continue in the future, for example, with employees
working in lab settings together or on team projects. This process allows employees to
communicate with each other in a controlled environment where emotions can be
monitored by an objective individual.Arbitration as a form of conflict management has
become more popular in today’s society. Although arbitration is rarely used in an academic
setting, it will be discussed here to give you a complete picture of the conflict management
techniques available. When the parties cannot come to agreement, arbitration provides an
expeditious as well as final and binding resolution to the parties’ conflict. Court trials can
often take years to provide a final resolution. Arbitration can be scheduled as quickly as the
parties’ schedules allow. The parties’ set forth the guidelines as to how many arbitrators
will preside (one or a panel), the number of witnesses allowed, the timelines for the
presentation of post-hearing briefs and how long the arbitrator has to render a decision.
The arbitration hearing is conducted much like a courtroom trial without the formality. The
parties present evidence supporting their case, after which the arbitrator renders a
decision. Arbitration provides conflict resolution in an efficient and cost-effective manner.It
is important to note that negotiation, mediation, and/or arbitration may work for some
situations, but they may not prove to be successful for others. Because the mix of employees
is always changing, organization/departments are very dynamic. Fully understanding the
dynamics of the organization/department you are facilitating will assist in determining if
negotiation, mediation, or arbitration is the most effective form of dispute resolution for the
specific conflict at hand. However, at times, none of these forms of dispute resolution are
the right fit. The challenge is first to determine the issue or issues that are causing the
conflict, then to determine what components each of these forms of alternative dispute
resolution will work and combining these components into a unique
form/process/procedure specifically designed to reach efficient and effective outcomes for
your organization/department.While determining whether negotiation, mediation, or
arbitration work best for your needs or in designing an alternative dispute resolution
strategy specific to your needs, it is important to consider:€¢ Who are the stakeholders?€¢
Do current employees or other stakeholders express concern with all or only part of
existing alternative dispute resolution options?€¢ What feedback has been received about
the current strategies or plan or the need for a specific strategy for you
organization/department?€¢ Is a conflict-management procedure a possible and
appropriate way to aIDress the conflicts that arise in relation to your
organization/department?€¢ Would the procedure be a good fit with the goals, mission,
4. vision, culture, etc., of the organization?€¢ Does the organization have the appropriate
resources, i.e., technology to implement a new procedure?€¢ Who manages the
procedure?€¢ What areas and employees should be part of the procedure?€¢ Would it be
managed internally or externally?€¢ Is there an employee within the organization who has
the ability to be neutral?€¢ What type(s) of follow-up steps are needed?€¢ Should there be
documentation? What type?€¢ What is the next step if the procedure does not solve the
conflict?
