conflict management

1. Power tools and Magic keys

2. Power tools and Magic keys
• Privacy
• Hidden exploitation
• Inequality
• Injustice
• Capitalism
• Rationalization of injustice
• Emotions
• Hidden interests

3. Power tools and magic keys
• Hate
• Love
• Race
• Color
• Creed
• Religion
• Beliefs

4. Power tools and magic keys
• Power
• self-interest
• Necessity of Conflict Diagnosis
• Using conflict diagnosis to manage legal
disputes and select ADR processes
• Strategies and tactics for handling conflict

5. Power tools and Magic keys
• Choosing a dispute resolution process and
provider.
• Facilitative and Evaluative Mediation.
• Complexity and new ways to handle
conflict.
• Conflict resolution is a messy business.

6. Quotation
Lauri S. Coltri
“With the world becoming a smaller and
more vulnerable place. We have no choice
to continue to engineer an increasingly
effective array alternative tools for dealing
with interpersonal conflict”.

7. Quotation
• Victor Hugo
“There is one thing stronger than all the
armies in the world and that is an idea
whose time has come”.

8. Quotation
Anonymous writer
“A camel is a horse designed by a
committee”.

9. What we will learn
• The potential for conflict diagnosis to improve the delivery of legal
services.
• The ethical and practical issues that complicate the use of conflict
diagnosis by lawyers and legal assistants.
• The ethical obligation of lawyers to advise their clients of ADR
options and the scope of this obligation.
• Approaches to lawyering that incorporate the ideas advanced in this
text book, including client-centred lawyering and collaborative law.
• How to use conflict diagnosis to develop effective strategies and
tactics for representing legal disputants.
• A leading approach to selecting a dispute resolution process and
provider, known as Fitting the Forum to the Fuss.
• An alternative approach to selecting a dispute resolution process
and provider suggested by the principles of conflict diagnosis.

10. Facilitative
mediation
Nonbinding
evaluation and
evaluative
mediation
Informal
arbitration
Formal
arbitration
Litigation
Cost
Time
Finality
Psychological ownership
and equity of consent
Outcome creativity and
Pareto optimality
Conflict containment and
escalation
Invisible-veil thinking
Sense of procedural justice
Comparing the major dispute resolution forms

11. Bigoted or
prejudiced behavior
(dangers)
Dealing with
disparities in
bargaining power
Disputant
transformation
Where it is often
found
Family
mediation
Court-
connected
ADR
Private
sector civil
dispute
resolution
Private
sector civil
dispute
resolution
The
default
process
Usefulness in
conjunction with
other processes
Misconduct by
neutral
Special qualities
Comparing the major dispute resolution forms

12. summary
• We learnt the comparative nature of
different forms of conflict resolution
against various dimensions related with
the needs of disputants. We also learnt
about the complexity of social and
economic environment and also about the
nature of invisible veil.