Related Research Articles
Conciliation is an dispute resolution process whereby the parties to a dispute rely on a third-party neutral, the conciliator, to assist them in solving their dispute. The conciliator, who may meet with the parties both separately and together, does this by lowering tensions, improving communication, interpreting issues, encouraging parties to explore potential solvents and assisting parties in finding a mutually acceptable outcome.
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution.
Mediation is a negotiation facilitated by a third-party neutral. It is a structured, interactive process where an impartial third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties. Due to its voluntary nature, a person cannot be compelled to use mediation to resolve their dispute. However, a suggestion from the Court may be difficult to resist.
Negotiation is a dialogue between two or more parties to resolve points of difference, gain an advantage for an individual or collective, or craft outcomes to satisfy various interests. The parties aspire to agree on matters of mutual interest. The agreement can be beneficial for all or some of the parties involved. The negotiators should establish their own needs and wants while also seeking to understand the wants and needs of others involved to increase their chances of closing deals, avoiding conflicts, forming relationships with other parties, or maximizing mutual gains. Distributive negotiations, or compromises, are conducted by putting forward a position and making concessions to achieve an agreement. The degree to which the negotiating parties trust each other to implement the negotiated solution is a major factor in determining the success of a negotiation.
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution. Committed group members attempt to resolve group conflicts by actively communicating information about their conflicting motives or ideologies to the rest of group and by engaging in collective negotiation. Dimensions of resolution typically parallel the dimensions of conflict in the way the conflict is processed. Cognitive resolution is the way disputants understand and view the conflict, with beliefs, perspectives, understandings and attitudes. Emotional resolution is in the way disputants feel about a conflict, the emotional energy. Behavioral resolution is reflective of how the disputants act, their behavior. Ultimately a wide range of methods and procedures for addressing conflict exist, including negotiation, mediation, mediation-arbitration, diplomacy, and creative peacebuilding.
Nonviolent Communication (NVC) is an approach to enhanced communication, understanding, and connection based on the principles of nonviolence and humanistic psychology. It is not an attempt to end disagreements, but rather a way that aims to increase empathy and understanding to improve the overall quality of life. It seeks empathic dialogue and understanding among all parties. Nonviolent Communication evolved from concepts used in person-centered therapy, and was developed by clinical psychologist Marshall Rosenberg beginning in the 1960s and 1970s. There are a large number of workshops and clinical materials about NVC, including Rosenberg's book Nonviolent Communication: A Language of Life. Marshall Rosenberg also taught NVC in a number of video lectures available online; the workshop recorded in San Francisco is the most well-known.
Online dispute resolution (ODR) is a form of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
The foundations of negotiation theory are decision analysis, behavioral decision-making, game theory, and negotiation analysis. Another classification of theories distinguishes between Structural Analysis, Strategic Analysis, Process Analysis, Integrative Analysis and behavioral analysis of negotiations.
Couples therapy attempts to improve romantic relationships and resolve interpersonal conflicts.
Conflict management is the process of limiting the negative aspects of conflict while increasing the positive aspects of conflict. The aim of conflict management is to enhance learning and group outcomes, including effectiveness or performance in an organizational setting. Properly managed conflict can improve group outcomes.
Gregorio Billikopf is a mediator, author, and since 1981, a farm advisor specializing in labor management for the University of California, Davis. Gregorio is survived by his four children, most infamously his son Michael Marsing Billikopf, registered sex offender of underage children. In May 2005, Billikopf accepted a visiting faculty appointment as an honorary professor of agricultural labor management at the University of Chile in Santiago. Billikopf is a frequent national and international speaker in his field.
Motivational interviewing (MI) is a counseling approach developed in part by clinical psychologists William R. Miller and Stephen Rollnick. It is a directive, client-centered counseling style for eliciting behavior change by helping clients to explore and resolve ambivalence. Compared with non-directive counseling, it is more focused and goal-directed, and departs from traditional Rogerian client-centered therapy through this use of direction, in which therapists attempt to influence clients to consider making changes, rather than engaging in non-directive therapeutic exploration. The examination and resolution of ambivalence is a central purpose, and the counselor is intentionally directive in pursuing this goal. MI is most centrally defined not by technique but by its spirit as a facilitative style for interpersonal relationship.
Conflict resolution is any reduction in the severity of a conflict. It may involve conflict management, in which the parties continue the conflict but adopt less extreme tactics; settlement, in which they reach agreement on enough issues that the conflict stops; or removal of the underlying causes of the conflict. The latter is sometimes called "resolution", in a narrower sense of the term that will not be used in this article. Settlements sometimes end a conflict for good, but when there are deeper issues – such as value clashes among people who must work together, distressed relationships, or mistreated members of one's ethnic group across a border – settlements are often temporary.
Rogerian argument is a rhetorical and conflict resolution strategy based on empathizing with others, seeking common ground and mutual understanding and learning, while avoiding the negative effects of extreme attitude polarization. The term Rogerian refers to the psychologist Carl Rogers, whose client-centered therapy has also been called Rogerian therapy. Since 1970, rhetoricians have applied the ideas of Rogers—with contributions by Anatol Rapoport—to rhetoric and argumentation, producing Rogerian argument.
Organizational conflict, or workplace conflict, is a state of discord caused by the actual or perceived opposition of needs, values and interests between people working together. Conflict takes many forms in organizations. There is the inevitable clash between formal authority and power and those individuals and groups affected. There are disputes over how revenues should be divided, how the work should be done, and how long and hard people should work. There are jurisdictional disagreements among individuals, departments, and between unions and management. There are subtler forms of conflict involving rivalries, jealousies, personality clashes, role definitions, and struggles for power and favor. There is also conflict within individuals – between competing needs and demands – to which individuals respond in different ways.
Face negotiation theory is a theory conceived by Stella Ting-Toomey in 1985, to understand how people from different cultures manage rapport and disagreements. The theory posited "face", or self-image when communicating with others, as a universal phenomenon that pervades across cultures. In conflicts, one's face is threatened; and thus the person tends to save or restore his or her face. This set of communicative behaviors, according to the theory, is called "facework". Since people frame the situated meaning of "face" and enact "facework" differently from one culture to the next, the theory poses a cross-cultural framework to examine facework negotiation. It is important to note that the definition of face varies depending on the people and their culture and the same can be said for the proficiency of facework. According to Ting-Toomey's theory, most cultural differences can be divided by Eastern and Western cultures, and her theory accounts for these differences.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
Transformative mediation describes a unique approach to conflict intervention that was first articulated by Robert A. Baruch Bush and Joseph P. Folger in 1994 in The Promise of Mediation. It has been the subject of much study, research and development ever since.
People skills are patterns of behavior and behavioral interactions. Among people, it is an umbrella term for skills under three related set of abilities: personal effectiveness, interaction skills, and intercession skills. This is an area of exploration about how a person behaves and how they are perceived irrespective of their thinking and feeling. It is further elaborated as dynamics between personal ecology and its function with other people's personality styles in numerous environments. British dictionary definition is "the ability to communicate effectively with people in a friendly way, especially in business" or personal effectiveness skills. In business it is a connection among people in a humane level to achieve productivity.
A conflict is a situation, in which inacceptable differences in interests, values, expectations and opinions occur in or between individuals or groups.
References
- ↑ "Home". themediator.co.uk.
- ↑ "Party-Directed Mediation: Pre-Caucus Empowers Party-Directed Joint Session". 29 November 2004.