The document discusses various methods of conflict resolution, focusing on mediation as a non-violent approach that facilitates understanding and collaboration between disputing parties. It outlines the roles of mediators, strategies for effective mediation, and the types of conflicts that can be resolved, such as family, workplace, and public disputes. Additionally, it covers alternative dispute resolution (ADR) methods like negotiation and facilitation, emphasizing the importance of communication, empathy, and establishing ground rules for successful outcomes.

1. Conflict Resolution Method
CAPS 514

2.  Mediation is one of the non-violence method for
dispute resolution.
 Mediation brings parties together; the real issues in
the dispute become clear as well as resolve issues and
avoid the escalation of conflict.
 Furthermore in mediation, we can build a sense of
what the issues are, learn the problems, explore
possible options for resolution, and make informed
decisions whether or not resolving at that time or
moving on is the best outcome for that matter.
 Mediation also known an attempt to settle a dispute
using a neutral third party.

3.  Mediation offers an opportunity for all the
parties, "win-win" results. It is fair, cost-
effective, and confidential.
 Mediation encourages flexibility and allows
participants to find solutions that meet their
needs (In many countries, the law provides a
special rule of confidentiality for Mediation).
 Mediation helps to the parties concentrates
on problem solving rather than keep fighting.

4.  Family (family businesses, financial
distribution and spousal support, separation,
child custody, dispute between parents and
adult children, eldercare issues, divorce).
 Workplace (wrongful termination,
discrimination, harassment, grievances, labor
issues).

5.  Public disputes (Environmental, real-estate
issues: landlord/tenant, builders/contractors,
contracts agreement, any partnership
company, non-profit organization,
consumers and service/business
entrepreneurs’ relation, among the youth,
any types of violence).
 On-line mediation.
 Mediation in business and commerce.
 Communities mediator.

6.  Further more, inter-personal, inter-groups,
ethnics , ideology, inter-religion, among the
different countries with different context
(international).

7.  Mediator as a Facilitator/Mediator as a Reconciliator.
 Mediator as a Educator/transformative perspective.
 Mediator as a Resource expander/translator.
 Mediator explain all the producer and educate the parties
on the process, (such as established a behavior
guidelines).
 Mediator Keep in track parties’ communication.
 Mediator understand all the parties, (issues and desire).
 Mediator may convey information from one group to
another, (only with party approval).
 Mediator narrows differences between the parties.
 Mediator helps the parties find their own solution not
imposing a decision.

8.  Mediator facilitates between the disputant
parties and encourages them to enter into a
confidentiality agreement.
 Mediator encourages the participants to
record them in an enforceable summary
format, with formal legal documentation to
follow, (when agreements are reached).

9.  Understanding each participant’s perspective
through a pre-caucus.
 Increasing and evaluating participant’s interest.
in solving the challenge through mediation.
 Setting ground rules for improved
communication.
 Coaching participants through the joint session.
 Equalizing power (e.g., between persons in
different organizational levels).
 Helping participants plan for future interaction.

10.  Roles for third parties in mediation.
 Conditions under which mediation is useful.
 Strategies for mediators.
 Assessing effective mediation.
 Role of third parties in consensus building.
 Mediators are always guided by;
impartiality/neutrality/empathy/confidentiality/
persistence and patience as well as effectiveness
as a questioner.
 Mediator should have specific knowledge about
the subject area.

11.  Restatement
 Paraphrase (reframing)
 Active listening
 Summarization
 Expansion (expanded and elaborated form and verify accurate
perception)
 Ordering/requesting
 Structuring (arranging party’s thoughts and speech into a
coherent message)
 Separating or fractionating (divide an idea/issue into smaller
component part)
 Generalization (identify general points)
 Probing question (open-ended or focused question to encourage
the parties)
 Questions of clarification (clarification of particular points)

12. Relationship
conflicts
Data
conflicts
Interest
conflicts
Structural
conflicts
Value
conflicts

13. CONFLICTS ARE CAUSED BY
 Strong emotion
 Misperception
 Poor communication
 Miscommunication
 Repetitive negative
behavior
POSSIBLE INTERVENTIONS
 Control expression of
emotion
 Clarify perceptions and
build positive perception
 Improve quality and
quantity of communication
 Block negative repetitive
behavior
 Positive problem solving
attitudes

14. CONFLICTS ARE CAUSED BY
 Lack of information
 Misinformation
 Different views on the
relevant
 Different interpretation of
data
POSSIBLE INTERVENTIONS
 Reach an agreement what
data are important and
agree on process to collect
as well as develop common
criteria
 Use experts to gain outside
opinion

15. CONFLICTS ARE CAUSED BY
 Competition over
substantive interests
 Procedural interests
 Psychological interests
POSSIBLE INTERVENTIONS
 Focus on interests, not
position
 Look for objective criteria
 Develop solutions that
address needs of all parties
 Search more options to
satisfy interests of
different strengths

16. CONFLICTS ARE CAUSED BY
 Un equal control
 Distribution of resources
(geographic physical
environmental factors)
 Un equal power and
authority
 Time constraints
POSSIBLE INTERVENTIONS
 Clearly define and change
role
 Reallocate control of
resources
 Established a fair and
mutually acceptable decision-
making process
 Change physical and
environment relationship of
parties (closeness and
distance)
 Change time constrains
(more or less time)

17. CONFLICTS ARE CAUSED BY
 Different criteria for
evaluating ideas or
behavior
 Different ways of life,
(ideology or religion)
POSSIBLE INTERVENTIONS
 Avoid defining problem in
terms of value
 Search for super ordinate
goal that all parties share

18.  Managing initial contacts with the disputing parties
(establishing relationship, educate about the process,
increase commitment to the procedure)
 Selecting a strategy to guide mediation (Assist the
parties to assess various approaches to manage the
conflict)
 Collecting and analyzing background information
(collect and analyze relevant data about the people)
 Designing a detailed plan for mediation (participants,
location, physical arrangement, issues interests,
settlement options, psychological conditions of the
parties, ground rules and behavioral guidelines, plan
for first joint negotiation)

19.  Building trust and cooperation (the mediator
should be sensitive about the strong
emotion, misperception, legitimacy problem,
lack of trust, poor communication)
 Beginning the mediation session (opening
statement by mediator, parties)
 Defining issues and setting an agenda

20.  Uncovering hidden interests of the disputing
parties
 Generating options for settlement
 Assessing options for settlement (review the
interests of the parties, asses how interests can
be met by available options and asses the cost
and benefits of selecting options)
 Final bargaining (development of a consensual
formula, final leaps to package settlement)
 Reaching a settlement (options for settlement,
conducting final bargaining, achieving formal
agreement/settlement)

21. Good evening and welcome to this mediation session. My name is
…….I have been working past 10 years as an independent
mediator (formal introduction with both parties).
Please accept my congratulation.We are here to explore our
differences and share each other's perspectives so we can produce
the better outcome of the mediation process. I strongly believe
that different opinions, viewpoints, functional interests and
expertise will definitely help for the solutions of our common
problems. It is the all of our job to create a safe atmosphere so we
will have an opportunity to express our ideas to provide different
points of view to assist in defining basic issues and interests, and
look forward for mutually satisfactory options. I fully trust and
respect both of you/all of you that we will be able to reach to
constructive agreement.

22. As I mentioned before that I am an independent mediator
therefore neutral, impartial regarding relationships and specific
outcomes are the fundamental principles. I do not judge, will not
take sides nor decide who is right or wrong. I am here to assist
both of you to reach yours own decision-one that satisfy both of
you.
We will start with each of your story than I will ask questions and
summarize so I can have better understanding about the issues. I
will also help both of you to identify the issues that are important
to you so I can help you to develop some solutions. Additionally I
will meet with both of you together but there may also be a caucus
when I meet with you individually.You can also request a separate
meeting. Meanwhile all of us can also request a break if we feel
like it.

23. Now I would like to talk about the ground rules. Please find the
pencil and paper on the table, which is next to you. So you can
write down your thoughts until it is your turn to speak. Please let
us avoid personal attacks in order to maintain a respectful
atmosphere and let us agree to try to solve problem. (Question
about agreeing and disagreeing ground rules and likes to know are
there any you like to add as a ground rules).
I would like to assure that I will keep all information confidential,
unless if it is against the law, like such as child abuse and I will
destroy my notes at the end of the mediation. Finally I would like
to clarify that participation in meditation is voluntary. So please
say yes if each of you wishes to proceed with mediation.
Thank you for your cooperation.

24.  Negotiation is one of the method (out of four;
negotiation, mediation, collaborative law and
arbitration) of alternative dispute resolution (ADR).
 Negotiation is a process involving two or more people
meeting to discuss shared or opposed interests in a
particular area of mutual concern.
 Negotiation is an educational process, which provides
the opportunities to understand each others
concerns, perceptions and aspirations.
 Note: ADR is important techniques that are outside of
government judicial process and it is usually considered
to be alternative to litigation.

25.  Negotiation is problem-solving processes, which
include diplomacy, discussion and consultation,
and it encourages adapting peaceable producer
for compromising differences of disputant
parties.
 In mediation and facilitation, there is a third
party, a mediator or facilitator, who facilitates
the resolution process and may even suggest a
resolution. But in negotiation, participation is
also voluntary and there is no third party who
facilitates the resolution process or imposes a
resolution.

26.  Good faith (honest desire to reach an
agreement and be fair and reasonable for
both sides)
 Flexibility

27.  Are there other criticisms you can make to the “problem-
solving approach “ for negotiations?
 Are these conflicts amenable to solution through
negotiation?
 What are the stages that a negotiation process tends to go
through?
 How do you determine a party’s interests? Why is it
important to do so?

28.  Might there be resistance to negotiation which needs to be
overcome?
 Are there reasons why parties might choose not to
negotiate?
 Will the importance of preparation in negotiation be
recognized?
 How did the two sides use their power? What strategies and
tactics did they employ?
 How specifically does culture influence negotiation?

29.  Background and Introduction, Positions, Issues
 Interests and Alternatives for each of the Parties Involved
 Primary Parties to the Negotiation
 Secondary parties to the Negotiation
 Legitimacy and Standers for Negotiations

30.  Preparing for negotiation
 Communicating what is to be accomplished (identify
the problem)
 Reviewing why negotiation is required
 Redefining the issue or issues (brainstorm ideas for
solution)
 Selecting when issues will be addressed
 Encouraging discussion throughout
 Addressing the fall-back compromise on each issue
 Agreeing in principle
 Recapping and summarizing
 Monitoring compliance with agreement after
settlement

31.  Clear sense of knowing that you want or don’t
want
 A detail research about what your counterpart
wants and doesn’t want
 Identify possible concessions (knowing what is
absolutely necessary to achieve in
consummating a successful bargain)
 Know the alternatives
 Know the counterpart and subject matter
(about personality styles, body language/ people
view the same facts and appeals differently)
 Last is rehearse (practice, practice, practice)

32.  Facilitation is the process of enabling groups
to work cooperatively and effectively (it is
important in circumstances where people of
diverse backgrounds, interests and
capabilities work together)
 This is the design and management of
structures and processes that help a group do
its work and minimize the common problems
p eople have working together

33.  Conflict resolution skills and understanding the foundation
and skills for constructive conflict
 Transformative responses to conflict through empowerment
and recognition as well resolving environment disputes.
 Building consensus for a sustainable future, the vision to
reconcile, and building bridges.
 Putting principles into practice and removing barriers to the
negotiated resolution of conflict

34.  Further more facilitator should be clear about
“a propose and an agenda, introduce people,
look after physical need, ground rules, open
environment, involving all participants, pay
attention to the situation, lead by example
and relax”

35.  Reshaping the cooperation for the future and
strategic planning skills
 Good knowledge of open space and clear idea
about consulting
 Sense of scenario design and creative
thinking/ innovative thinking
 Focusing on people and personal growth and
development

36.  Helping to create self sufficient teams and team building for
the future, winning work team, capturing the power of team
 Group techniques for idea building learned within a
organization
 Participative designing skills, how to start a participative
management program with methods for active participation
and process improvement and reengineering, continuous
process improving
 Understanding the feeling of the people's satisfaction in the
process of ongoing improvement

37. PREPARATION
 Group organized, purposes made clear, roles
clarified, logistics planned, group, work,
participants and context understood, agenda
determined and communicated

38. PREPARATION (primary tasks)
 Collecting information on context, work and participants
 Clarifying the group charter and analyzing stakeholders
 Selecting group members and group leaders
 Building agendas for meetings and publishing
 Attending to meeting

39. GROUPWORK OUTCOMES
 Purposes and outcomes achieved
 Participants worked well together and satisfied with
progress
 Meeting design effectively implemented
 Facilitation capacity of group enhanced and next steps clear
 Effective group task and maintenance behaviors observed

40. GROUPWORK OUTCOMES
 Creating a foundation for working together
 Managing data generation and managing
analysis and interpretation of the data
 Managing decision making and group
dynamics
 Evaluating group process and progress
 Closing group sessions

41. FOLLOW-UP
 Meeting record/outputs produced and
distributed
 Results of group work communicated to
members and stakeholders
 Approvals of results obtained and announced
 Next steps carried out and further group work
determined

42. A couple who had been married for fifteen years
decided to divorce, and they wanted to employ
mediation.They have two children ages fourteen and
twelve.They owned a home, some stocks and have a
joint saving accounts.They also have joint ownership
in a small business, this is the major sources of their
income.The wife is responsible for the finances and
planning of the business.The husband is also
employee there in a service capacity.The husband
had never completed high school and functionally
illiterate. He is also shy man who believe that he have
great difficulty finding work on his own and has not
confident of his ability to manage money.

43. Situation Outline
IT specialist GlobalSoft/Colombo has been growing rapidly over
the past five years, and is constantly increasing its customer base.
Now GlobalSoft also wants to move into international markets-
Nepal and has appointed a team that specializes in dealing with
international business and established relation with one of the
leading company of Nepal.
IT Colombo is making a US$ fifteen million profit every year and,
there is demand for US$ fifty four millions worth of software by
2009. In order to complete those demand IT Colombo decided to
expand its network in Nepal for making a joint-venture with
Nepalese company

44. Character Profiles and your task
Khalizia bandaranike, ITGSC
you are a 35-year-old marketing specialist with a MA from Harvard business school. You have
been working forGlobalSoft for five years.You joined the international market team one year
ago.Your strengths are negotiating with difficult partners and generating new key cooperation.
Your job is identifying potential partner and sign joint-venture agreement with EIT, Nepal.
Because of your company’s Market Excellency and your demand within the international markets
you are not supposed to pay more than 25% of total profit to EIT, Nepal.
Character profile and your task
Mahanta Aatma, EIT
you are 55 and the ExecutiveVice President and General Manager of EIT, Nepal, a reputed IT
company (Everest InternationalTechnology of Nepal has been working past ten years in local
business and have extensive logistic and skill labor support).You are married and have two adult
children.You have a Master of Business Administration from University of Colombo/Srilanka.You
pay great attention to detail and you are always looking for ways of increasing your revenue and
reducing operating costs and increasing business efficiency.You then followed up by contacting
MS. Bandarnike on the phone, arranging a face-to-face meeting with her.Your goal in this
dialogue is to sell your reputation logistic support and skilled labors to ITGST.

45.  The eleven staff members of international organization (four female and
seven man and two of them are patient of blood pressure) were
abducted by an armed group onThursday 1-2007 in the province of dead
hill, south west ofTitinic.They were making their way back to the
International delegation inTitnic following a humanitarian mission.They
are being held in an undisclosed location, but the revel-group’s army just
announces that he is ready to negotiate if international organization is
ready to give a pressure to the government to release their party carders.
The International organization is not in a position to say more at this
stage about the process involved in seeking the release of its eleven
employees or about confidential discussions with the different parties
concerned.
You are senior officer of the International organization and assigned to
negotiate with a revels group.

46.  Strategies for Resolving Conflicts (3rd ed.)
 San Francisco: Jossey-Bass, 2003 Bush, Robert A.
Brauch & Folger, J.P.,The Promise of Mediation, San
Francisco: Jossey-Bass, 1994Broom, Benjamin J.
(2003). Responding to the challenges of third-party
facilitation:Broom, Benjamin J. (1997). Designing a
collective approach to peace:Interactive design and
problem-solving workshops with Greek-Cypriot
communities in Cyprus. Schwarz, R M. (2002).The
Skilled Facilitator. Jossey-Bass.
 Justice,T& Jamieson, D.W. (1999).The Facilitator’s
Fieldbook. NewYork : amacom.