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Working 
with 
and 
Learning 
from 
Conflicts 
Tales from the Field 
Bill 
Warters, 
Ph.D. 
Academic 
Director, 
MA 
in 
Dispute 
Resolu:on, 
Dept. 
of 
Communica:on, 
Wayne 
State 
University
The 
Plan 
• Share 
Some 
Stories 
about 
my 
journey 
to 
current 
job 
as 
MADR 
Director 
• Review 
Some 
Theories 
related 
to 
conflict 
interven:on 
• Try 
an 
Interac=ve 
“Experiment” 
with 
willing 
nerds 
In 
honor 
of 
Back 
to 
School 
Theme, 
I’ll 
acknowledge 
some 
teachers 
who 
rocked!
I 
was 
warmed 
by 
a 
Cauldron 
of 
Conflict 
MY 
DAD 
WORKED 
AT 
U.S. 
STEEL 
HOMESTEAD 
WORKS 
PITTSBURGH, 
PA
1892 
On 
the 
bank 
of 
the 
Monongahela 
River, 
locked-­‐out 
steelworkers 
confronted 
a 
private 
army 
of 
Pinkerton 
agents 
hired 
by 
CEO 
Henry 
Frick 
as 
they 
aMempted 
to 
land 
and 
secure 
the 
mill. 
The 
baMle 
was 
soon 
joined, 
and 
raged 
throughout 
the 
day 
with 
gunfire, 
burning 
oil, 
and 
cannon. 
At 
day's 
end, 
the 
Pinkertons 
surrendered. 
Seven 
workers 
and 
three 
Pinkerton 
"detec=ves" 
lay 
dead, 
with 
others 
wounded. 
Effigy 
of 
a 
Manager
Me 
My 
Big 
Brother 
At 
Home, 
Family 
Harmony, 
more 
or 
less
Me 
The 
Amazing 
Mutable 
Dad
Three 
Inves=gators 
Club! 
“No 
Case 
Too 
Small”
Listening 
to 
the 
Neighbors 
• “This 
is 
what 
I 
think 
of 
your 
goddamn 
dinner!”
I 
was 
a 
Boy 
Scout, 
literally 
Me, 
First 
Hipster 
Scout?
The 
Summer 
Camp 
from 
Hell 
Senior 
Patrol 
Leader 
Training 
with 
an 
ex-­‐Marine 
Push-­‐ups 
in 
the 
Mud 
Forced 
March 
with 
Packs 
“Lifesaving” 
with 
a 
Slippery 
Bully 
Silent 
ORDEAL
There 
Has 
Got 
to 
Be 
Something 
BeMer… 
Lis:ng 
in 
back 
for 
Social 
Ecology 
Ins:tute 
in 
Vermont
The 
Summer 
Camp 
from 
Heaven 
The 
Social 
Ecology 
Ins=tute 
at 
Goddard 
College 
Urban 
Anthropologist 
Dan 
Chodorkoff 
My 
First 
College 
Professor! 
Great 
Young 
Adult 
Novel
Utopia 
Class 
My 
First 
College 
Class! 
What 
About 
When 
Conflicts 
Happen? 
Illustra=on 
from 
Sir 
Thomas 
More’s 
book 
Utopia 
(1516)
Murry 
Bookchin, 
Social 
Anarchist 
Source 
of 
a 
Conflict
Solar 
House 
Model 
Girl 
Who 
Wants 
a 
Dollhouse
Theorist 
– 
Jerold 
S. 
Auerbach 
Historical 
study 
of 
Conflict 
Resolu:on 
Prac:ces 
in 
Colonial 
North 
America 
“Law 
Begins 
Where 
Community 
Ends” 
Auerbach 
says 
that 
the 
community 
is 
usually 
based 
on 
the 
following 
shared 
elements 
• geography 
• ideology 
• piety 
• ethnicity 
• commercial 
pursuits 
There 
has 
been 
a 
LONG 
tradi8on 
of 
an8-­‐lawyer 
sen8ment 
in 
U.S.
Go 
West 
Young 
Man! 
Sam 
had 
a 
Volkswagen 
Camper 
Bus 
and 
Wanted 
to 
Travel
Berkeley, 
California 
• Needed 
to 
establish 
residency 
for 
in-­‐state 
tui:on 
at 
University 
of 
California, 
Santa 
Cruz 
• Moved 
into 
a 
Household 
in 
Berkeley 
populated 
by 
street 
ar:sts 
• Dream 
Story 
tells 
amazing 
tales 
of 
the 
mysterious 
Rainbow 
Gathering 
• Clashes 
and 
Conflicts 
Among 
Street 
Ar:sts 
and 
the 
People’s 
Park 
LoMery 
System
Rainbow 
Gathering!
Onward 
to 
Kresge 
College, 
UCSC 
As 
West 
as 
You 
Can 
Get!
UCSC 
Learning 
Opportuni=es 
• Introduc=on 
to 
Feminism 
with 
Be_na 
Aptheker 
• Women 
Against 
Rape 
and 
confronta:ons 
(note 
re 
Nils 
Chris:e, 
Conflicts 
as 
Property) 
• Men 
Against 
Rape 
• Resource 
Center 
for 
Nonviolence 
(my 
survey) 
• Michael 
Lowy 
– 
Anthropologist 
turned 
Lawyer 
(worked 
in 
Ghana 
-­‐ 
Moots 
compared 
with 
Colonial 
Courts) 
• Community 
Boards 
Program
Raymond 
Shonholtz
Community 
Boards 
in 
Ac=on
UCSC 
Family 
Student 
Housing 
Media:on 
Project 
Bill 
Future 
director 
of 
county-­‐ 
wide 
CRC
Conflict 
Theory 
Time 
Educators 
for 
Social 
Responsibility
Some 
Theories 
About 
Conflict 
Interven:on 
Roles 
A 
Con=nuum 
of 
“=ons”
Ron 
and 
Roxanne 
Claassen’s 
Model 
from 
A 
Discipline 
that 
Restores 
Circled 
element 
indicates 
who 
has 
the 
power 
to 
decide 
in 
this 
Context 
X 
= 
outsider 
to 
conflict, 
maybe 
teacher 
or 
mediator
Dispute 
Systems 
Design
DS 
Design 
Principles 
• 1. 
Put 
the 
focus 
on 
interests. 
• 2. 
Provide 
low-­‐cost 
rights 
and 
power 
backups. 
• 3. 
Build 
in 
"loop-­‐backs" 
to 
nego:a:on. 
• 4. 
Build 
in 
consulta:on 
before, 
feedback 
ajer. 
• 5. 
Arrange 
procedures 
in 
a 
low-­‐to-­‐high-­‐cost 
sequence. 
• 6. 
Provide 
the 
necessary 
mo:va:on, 
skills, 
and 
resources.
Jennifer 
Lynch’s 
elaborated 
example 
Uses 
different 
shapes 
to 
indicate 
primary 
focus 
of 
approach
33 
Lynch 
Spectrum 
of 
Conflict 
Management 
Op:ons™ 
No outcome 
prediction 
Outcome 
prediction 
• Complaint 
investigation 
• Fact-finding 
Joint Stakeholder 
decision 
• peer panel 
© 1998+2002 Jennifer Lynch, Q.C. (adapted from Costantino/Merchant) 
Prevention 
Problem-solving Facilitation 
Fact-finding 
Advisory 
Hybrids 
Med/Arb 
Power decisions 
• Manager 
• Enforcement officer 
• Arbitration 
• Peer/stakeholder 
adjudication 
• Tribunal/Agency 
• Court 
• Conflict coaching 
• Interest based negotiation 
• Ombudsperson/internal neutral 
• Options development 
• Conciliation 
• Facilitation 
(ex: partnering, 
workshops for key 
decision-makers; 
group processes) 
• Mediation 
• Process 
convening 
• Process mediation 
• ADR/CM practice manual 
• ADR/CM pledges 
• Alignment initiatives 
• Central co-ordination of conflict management 
• Communication strategy organization-wide 
• Communications tools, web 
• Conflict assessment at commencement of project/contract 
• Conflict behavior assessment and coaching 
• Contract co-development 
• Conflict management core competency 
• Conflict management system governance 
• Contract clauses re: CM or DR 
• Data base tracking system 
• Flexible iterative system 
• Industry/customer communications/interface 
• Listening 
• Management style: relationship management 
• Mission / vision / values consistent with CM philosophy 
• Ombudsperson / internal neutral 
• Open door practice 
• Organization-wide CM policy 
• Partnering / team-building workshops 
• Performance measurement of conflict competence 
• Project/contract governance 
• Referring 
• Rewards 
• Senior level championship 
• Support: centres; individuals 
• System monitoring and evaluation 
• Training - interest based / critical mass / just in time 
• Early neutral 
evaluation 
• Mini-trial 
• Neutral evaluation 
• Non-binding 
arbitration 
• Ombudsperson 
Rights based
Donald 
Black 
on 
3rd 
Par=es 
in 
Conflict 
Power 
of 
Law 
tends 
to 
flow 
downhill, 
power 
and 
status 
maMers 
in 
dispute 
resolu:on 
Typology of Third Parties!
Social 
Conflict 
Roles 
-­‐ 
James 
Laue
James 
Laue’s 
3rd 
Party 
Roles 
• Activist (:ed 
to 
dispute)! 
• Advocate (lawyer 
or 
manager)! 
• Mediator (concerned 
with 
par:es)! 
• Researcher (journalist 
or 
social 
scien:st)! 
• Enforcer (Arbitrator/Judge/Police) 
Laue, J. H. (1982), Ethical Considerations in Choosing Intervention Roles. Peace & Change, 8: 29–41
The 
Third 
Side 
– 
Bill 
Ury 
Third Side! 
• as per William Ury in The Third Side: Why We Fight and How 
We Can Stop 
see 
hMp://www.thirdside.org
3rd 
Side 
Roles 
• Provider - Enabling People to Meet Their Needs 
• Teacher - Giving People Skills to Handle Conflict 
• Bridge-Builder - Forging Relationships Across Lines of 
Conflict 
• Mediator - Reconciling Conflicting Interests 
• Arbiter - Determining Disputed Rights  
• Equalizer - Democratizing Power 
• Healer - Repairing Injured Relationships 
• Witness - Paying Attention to Escalation 
• Referee - Setting Limits to Fighting  
• Peacekeeper - Providing Protection
ESCRO 
Project 
• East 
Side 
Conflict 
Resolu:on 
Outreach 
project 
• Unity 
in 
the 
Community 
Resource 
Fair 
– Saturday, 
October 
4th, 
1-­‐3:30 
pm 
at 
Harper 
Woods 
High 
School
Stages 
of 
Change 
-­‐ 
Adam 
Curle
hdp://madr.comm.wayne.edu
Interac:ve 
Ac:vity 
Untangling 
the 
Human 
Knot
w.warters@wayne.edu 
@bwarters 
Thank 
You!

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Working with Conflict - Tales from the Field (Nerd Nite Detroit)

  • 1. Working with and Learning from Conflicts Tales from the Field Bill Warters, Ph.D. Academic Director, MA in Dispute Resolu:on, Dept. of Communica:on, Wayne State University
  • 2. The Plan • Share Some Stories about my journey to current job as MADR Director • Review Some Theories related to conflict interven:on • Try an Interac=ve “Experiment” with willing nerds In honor of Back to School Theme, I’ll acknowledge some teachers who rocked!
  • 3. I was warmed by a Cauldron of Conflict MY DAD WORKED AT U.S. STEEL HOMESTEAD WORKS PITTSBURGH, PA
  • 4. 1892 On the bank of the Monongahela River, locked-­‐out steelworkers confronted a private army of Pinkerton agents hired by CEO Henry Frick as they aMempted to land and secure the mill. The baMle was soon joined, and raged throughout the day with gunfire, burning oil, and cannon. At day's end, the Pinkertons surrendered. Seven workers and three Pinkerton "detec=ves" lay dead, with others wounded. Effigy of a Manager
  • 5. Me My Big Brother At Home, Family Harmony, more or less
  • 6. Me The Amazing Mutable Dad
  • 7. Three Inves=gators Club! “No Case Too Small”
  • 8. Listening to the Neighbors • “This is what I think of your goddamn dinner!”
  • 9. I was a Boy Scout, literally Me, First Hipster Scout?
  • 10. The Summer Camp from Hell Senior Patrol Leader Training with an ex-­‐Marine Push-­‐ups in the Mud Forced March with Packs “Lifesaving” with a Slippery Bully Silent ORDEAL
  • 11. There Has Got to Be Something BeMer… Lis:ng in back for Social Ecology Ins:tute in Vermont
  • 12. The Summer Camp from Heaven The Social Ecology Ins=tute at Goddard College Urban Anthropologist Dan Chodorkoff My First College Professor! Great Young Adult Novel
  • 13. Utopia Class My First College Class! What About When Conflicts Happen? Illustra=on from Sir Thomas More’s book Utopia (1516)
  • 14. Murry Bookchin, Social Anarchist Source of a Conflict
  • 15. Solar House Model Girl Who Wants a Dollhouse
  • 16. Theorist – Jerold S. Auerbach Historical study of Conflict Resolu:on Prac:ces in Colonial North America “Law Begins Where Community Ends” Auerbach says that the community is usually based on the following shared elements • geography • ideology • piety • ethnicity • commercial pursuits There has been a LONG tradi8on of an8-­‐lawyer sen8ment in U.S.
  • 17. Go West Young Man! Sam had a Volkswagen Camper Bus and Wanted to Travel
  • 18.
  • 19. Berkeley, California • Needed to establish residency for in-­‐state tui:on at University of California, Santa Cruz • Moved into a Household in Berkeley populated by street ar:sts • Dream Story tells amazing tales of the mysterious Rainbow Gathering • Clashes and Conflicts Among Street Ar:sts and the People’s Park LoMery System
  • 21. Onward to Kresge College, UCSC As West as You Can Get!
  • 22. UCSC Learning Opportuni=es • Introduc=on to Feminism with Be_na Aptheker • Women Against Rape and confronta:ons (note re Nils Chris:e, Conflicts as Property) • Men Against Rape • Resource Center for Nonviolence (my survey) • Michael Lowy – Anthropologist turned Lawyer (worked in Ghana -­‐ Moots compared with Colonial Courts) • Community Boards Program
  • 25. UCSC Family Student Housing Media:on Project Bill Future director of county-­‐ wide CRC
  • 26. Conflict Theory Time Educators for Social Responsibility
  • 27. Some Theories About Conflict Interven:on Roles A Con=nuum of “=ons”
  • 28. Ron and Roxanne Claassen’s Model from A Discipline that Restores Circled element indicates who has the power to decide in this Context X = outsider to conflict, maybe teacher or mediator
  • 30. DS Design Principles • 1. Put the focus on interests. • 2. Provide low-­‐cost rights and power backups. • 3. Build in "loop-­‐backs" to nego:a:on. • 4. Build in consulta:on before, feedback ajer. • 5. Arrange procedures in a low-­‐to-­‐high-­‐cost sequence. • 6. Provide the necessary mo:va:on, skills, and resources.
  • 31. Jennifer Lynch’s elaborated example Uses different shapes to indicate primary focus of approach
  • 32. 33 Lynch Spectrum of Conflict Management Op:ons™ No outcome prediction Outcome prediction • Complaint investigation • Fact-finding Joint Stakeholder decision • peer panel © 1998+2002 Jennifer Lynch, Q.C. (adapted from Costantino/Merchant) Prevention Problem-solving Facilitation Fact-finding Advisory Hybrids Med/Arb Power decisions • Manager • Enforcement officer • Arbitration • Peer/stakeholder adjudication • Tribunal/Agency • Court • Conflict coaching • Interest based negotiation • Ombudsperson/internal neutral • Options development • Conciliation • Facilitation (ex: partnering, workshops for key decision-makers; group processes) • Mediation • Process convening • Process mediation • ADR/CM practice manual • ADR/CM pledges • Alignment initiatives • Central co-ordination of conflict management • Communication strategy organization-wide • Communications tools, web • Conflict assessment at commencement of project/contract • Conflict behavior assessment and coaching • Contract co-development • Conflict management core competency • Conflict management system governance • Contract clauses re: CM or DR • Data base tracking system • Flexible iterative system • Industry/customer communications/interface • Listening • Management style: relationship management • Mission / vision / values consistent with CM philosophy • Ombudsperson / internal neutral • Open door practice • Organization-wide CM policy • Partnering / team-building workshops • Performance measurement of conflict competence • Project/contract governance • Referring • Rewards • Senior level championship • Support: centres; individuals • System monitoring and evaluation • Training - interest based / critical mass / just in time • Early neutral evaluation • Mini-trial • Neutral evaluation • Non-binding arbitration • Ombudsperson Rights based
  • 33. Donald Black on 3rd Par=es in Conflict Power of Law tends to flow downhill, power and status maMers in dispute resolu:on Typology of Third Parties!
  • 34. Social Conflict Roles -­‐ James Laue
  • 35. James Laue’s 3rd Party Roles • Activist (:ed to dispute)! • Advocate (lawyer or manager)! • Mediator (concerned with par:es)! • Researcher (journalist or social scien:st)! • Enforcer (Arbitrator/Judge/Police) Laue, J. H. (1982), Ethical Considerations in Choosing Intervention Roles. Peace & Change, 8: 29–41
  • 36. The Third Side – Bill Ury Third Side! • as per William Ury in The Third Side: Why We Fight and How We Can Stop see hMp://www.thirdside.org
  • 37. 3rd Side Roles • Provider - Enabling People to Meet Their Needs • Teacher - Giving People Skills to Handle Conflict • Bridge-Builder - Forging Relationships Across Lines of Conflict • Mediator - Reconciling Conflicting Interests • Arbiter - Determining Disputed Rights • Equalizer - Democratizing Power • Healer - Repairing Injured Relationships • Witness - Paying Attention to Escalation • Referee - Setting Limits to Fighting • Peacekeeper - Providing Protection
  • 38. ESCRO Project • East Side Conflict Resolu:on Outreach project • Unity in the Community Resource Fair – Saturday, October 4th, 1-­‐3:30 pm at Harper Woods High School
  • 39. Stages of Change -­‐ Adam Curle
  • 40.