Elsa Torres
MGT 292 Conflict Management
Term Paper Project
Humphreys College Resolution Program for Faculty, Staff and Students
Prepared for
Professor Jim DeCosta
ABSTRACT Arriving at a positive resolution of conflict is always the ultimate goal. Conflict Resolution Programs gives anyone the opportunity to find resolutions such as mediation and other alternative dispute resolution procedures than can enhance conflict outcomes. These programs have become more common in educational and business institutions.
Humphreys College lacks a conflict resolution program where students and faculty can turn to if there are disagreements or oppositions of interests and ideas between them. This paper gives a description of conflict, different methods of conflict resolution, and gives my idea of how the school can benefit from having a conflict resolution program
INTRODUCTION This paper will define conflict, give methods of conflict resolution, and list the short term and long term benefits of my proposed conflict resolution program in the school. I will try to convince the reader that having a conflict resolution program for students and faculty can give the school a better reputation with having better ways to communicate and dispute differences …show more content…
among each other within the college.
Humphreys College is a prestigious independent California institution of higher education with over 117 years of educational dedication. They serve motivated, determined students who thrive in an extraordinarily personal, welcoming, and approachable environment where the students can see constant progression. They claim they are skilled and have professional faculty-practitioners who build bridges between a solid education foundation in the liberal arts and practical life. The school also offers a variety of different ways of learning. They offer team projects, individual presentations, hands-on practice, and online learning (Humphreys College). While this school provides day and night classes to fit every ones busy schedule, the school lacks a third party for students to turn to when they feel a disagreement has come across between themselves and faculty.
You can find a general catalog inside the schools’ website where all their policies are listed. In those policies, there is zero tolerance for drug/alcohol use, sexual harassment, and assault. Although these policies are very much respected, the catalog does not list anything about resolution of grievance other than taking complaints to the immediate supervisor. At Humphreys College there is only one supervisor and students feel like the supervisor is one sided (faculty). The frustration of the students grows as they walk away feeling like nothing was resolved. CONFLICT Conflict is defined as a sharp disagreement or opposition of interests or ideas. Anytime people work together, conflict is a part of ‘doing business’. Conflict is a normal and natural part of any workplace. When it occurs, there is a tendency for morale to be lowered, an increase in absenteeism and decreased productivity (Human Resources University of Colorado Boulder). Handling and resolving conflicts that arise in the workplace is one of the biggest challenges students, faculty, staff, managers, employees, customers face. Typically there are two responses to conflict: avoid it or confront it (Human Resources University of Colorado Boulder). There are two major types of conflict. The first type of conflict is known as “personalized”. This type of conflict is motivated primarily by emotion and perceptions about someone else 's personality, character and motives. Because personalized conflict concentrates on emotion and not issues, problem solving seldom works, as neither party is really interested in solving a problem. The second type of conflict is known as “substantive”. This type of conflict occurs when two parties disagree about an issue. Handled in the right manner, the parties in conflict can create a resolution or outcome, which is better than both party’s original position and that, will suit both interests (M. Shachar, 2002).
METHODS OF CONFLICT RESOLUTION Unilateral
The word “uni” in unilateral stands for “one”. One side of the issue decides upon how the conflict will be ended. There are three methods you can use in unilateral. You can either (1) Avoid it, where you can avoid the issue and walk away altogether. (2) Accommodate, where you can give-in to the other side’s demands. (3) Be competitive, where you attempt to bring the solution to coincide with your version or your opinion (M. Shachar, 2002).
Bilateral
The word “bi” in bilateral stands for “two”. This is where both sides meet in an attempt to come to some agreement. There are two approaches in bilateral strategies. (1) Positional Negotiation or Bargaining. This is where both sides attempt to move the outcome as close as possible to their own best solution, and to maximize their own benefits, at the expense of the other side. (2) Collaborative or Principled Negotiation (win/win) - the two sides, are not searching to optimize their personal gains, but to optimize their mutual gains (M. Shachar, 2002).
Third Party and ADR Methods
When unilateral or bilateral methods do not suffice, and the parties wish solve their differences outside the Legal Courts of the land, they can utilize the good services of a third party, or seek Alternative Dispute Resolution (ADR) options. ADR are alternatives to traditional court litigation and trial by judge or jury. The two most popular forms are: Mediation and Arbitration (M. Shachar, 2002).
CONFLICT RESOLUTION WITHIN HIGHER EDUCATION Conflict happens at any time. We experience conflict anywhere and everywhere we go. There are times where resolving the conflict may seem easy, but there are also times where the conflict is so big that none of the previous methods I mentioned before such as unilateral, bilateral, and the ADR method are going to resolve the conflict.
There are conflicts where in Humphreys College’s case, a third party is going to be needed to assist in the dispute. In this case, mediation would be ideal for this type of conflict. Mediation is a process for resolving disputes by which an independent mediator assists the parties in reaching a mutually satisfactory settlement. A mediation session involves a discussion of the dispute by the parties, as opposed to the formal presentation of witnesses and evidence such as takes place in a trial or arbitration. The session will normally be attended only by the mediator, the parties and if necessary, their attorneys. Because of the informality of the process, mediation can usually be completed in a day or less (Roberts).
The mediation process is entirely voluntary and non-binding. The mediator has no power to render a decision or to force the parties to accept a settlement. Rather, the mediator 's role is to assist the parties in their negotiations by identifying obstacles to settlement and developing strategies for overcoming them. A mediation session is private and confidential. It is normally held in a private office or meeting room and no public record is made of the proceedings. If no settlement is reached any statements during the proceedings are inadmissible as evidence in any subsequent litigation (Roberts). Mediation works best when all the parties involved are present to discuss the issues that are the source of conflict. The neutral mediator helps create an environment where all participants have equal and full voice. Such open communication helps people in conflict listen to one another 's viewpoints and identify the underlying issues and interests. In this way, the mediation process allows participants to find meaningful resolutions to their disputes. Often participants leave mediation better able to communicate and resolve conflicts in the future (University).
Resolving the conflict through mediation gives each party the time to prepare for what they want resolved and also give them time to think of what the other party will say. While at the mediation, they can each actually listen to each other rather than being angry at the moment of the conflict. They each know that they are going to be heard and a third party will assist them to control their feelings. The mediation process should only proceed if all conflict resolutions were tried and none seemed to resolve the issue.
Diversity
Culture affects the way that people understand conflict and shapes their views about how best to intervene. Answers to questions surrounding how parties name and identify conflict, how to approach conflict, and whether members of the community or parties ' extended families should be involved in conflict resolution are rooted in culture and shaped by context and experience. There are also deeply shared meanings about how to understand and interpret the way in which conflict emerges, escalates, and is resolved. Beyond the knowledge gleaned from books and articles, there is also the knowledge that people have in their heads already, as a result of being situated in a particular society and culture. What Le Baron calls "cultural messages" are what everyone in a group knows that outsiders do not know. These lenses orient people to the world in a particular way and govern how they perceive and interpret the world. Thus, understandings about conflict should be understood partly in terms of culture (Maiese).
DESIRED OUTCOMES OF CONFLICT RESOLUTION Students, staff, and faculty only want fairness and honesty as their resolution when coming in contact with conflict. In reality only one party is going to feel as if the resolution is fair and the other party is going to feel like it is not fair and they are still going to be left with a side of anger. It would be safe to say that in order for the conflict resolution to be fair, both parties would have to negotiate. There are two types of negotiations. The first type of negotiation is called “Dispute Negotiation”. This negotiation is focused on resolving past facts. The second type of negotiation is Transactional Negotiation. This type of negotiation is focused on reaching agreement for the future. While it is often helpful to appreciate this difference between dispute negotiation and transaction negotiation, it is also beneficial to appreciate that many negotiation situations involve the resolution of both past issues as well as planning future relations (James C. Melamed). Before seeking to reach agreement on solutions for the future, Fisher and Ury suggest that multiple solution options be developed prior to evaluation of those options. The typical way of doing this is called brainstorming. In brainstorming, the parties, with or without the mediator 's participation, generate many possible solution before deciding which of those best fulfill the parties ' joint interests. In developing options, parties look for mutual gains (James C. Melamed). Fairness and honesty can be both achieved when both parties are working together to resolve their conflict and come up with a resolution. In the perfect world, both parties are willing to work together and be open-minded to want to resolve their conflict in a peaceful way instead of getting angry. If one party shows the other that they are calm and use a friendly tone of voice, the other party can absorb the good energy and give it back in return. Working with people who are willing to negotiate with you, when the two are in conflict, can assure you that working with them in a future conflict will be an easy task.
COMPONENTS OF A CONFLICT RESOLUTION PLAN In order to come up with a plan, all parties must be willing to want to come up with a resolution for their conflict.
Everyone should have the ability to reframe conflicting interests into a joint problem to be solved cooperatively. They must have the desire to reach a mutually beneficial solution, Awareness of one 's own motives, needs, wants, cognitions and feelings, Respect for oneself and one 's own interests as well as respect for another and his/her interests, Ability to perceive another 's point of view, Ability to listen attentively and communicate in order to be understood, Exploration of possible common/compatible interests, and the ability to manage/diffuse anger
(Scott).
HUMPHREYS COLLEGE CONFLICT RESOLUTION PLAN Since Humphreys College is a small private school, the owner Bob Humphreys relies on a professional, educated, and trustworthy director of administration professional. This director has listened to the students complaints they have about faculty and has stepped in when necessary to make the decision to dismiss the faculty members who are not doing their job. This director has also paid attention to student’s attendance and grades and has also stepped in when necessary to make the decision to dismiss the students who are doing poor at the school. However, when it comes to students complaining about an unfair grade or an unfair teacher, students feel as if they are being ignored. Students would like for the director to randomly sit in on classes so that they can see how the instructor is acting in a class. The desire of the assessment process is to get the director to do random visits and instead of written evaluation forms, a interpersonal evaluation can be done with each student after the end of the quarter. Assessment In order to determine who is being unfair, the director shall sit in each class on random visits. The instructor should never know when this random visit will be held so that the instructor can teach the class professionally each day. Each student shall receive an email with a calendar for the month in which the quarter ends and can schedule their own appointment to come and do an interpersonal course evaluation. In this meeting, everything shall be discussed including what was fair and what was not fair. The director shall collect all the information given and this will serve as the baseline to know who will need to meet with each other to discuss their differences and can be a part of the conflict resolution plan. Professional Development The college will conduct six mandatory workshops for each member of the staff and faculty. The workshops will be broken down and consist of the following curriculums. Four staff, four faculty, and one administrator will be chosen to undergo Mediator training in order to serve as College Mediators. 1st Workshop:
Introductory concepts of conflict resolution
Collaborative conflict resolution
2nd Workshop:
Analyzing Conflict
Questions that aid in determination of conflict type
3rd Workshop:
Managing Conflict
Determining Conflict Strategies
4th Workshop:
Roll playing
Participants elect those to undergo Mediator training
5th Workshop:
Mediator training
Conflict Analysis
Pre-negotiation
6th Workshop:
Mediator training
Negotiation
Post-negotiation
Training
Upon completion, there will be an on going training program that will still be needed to maintain and develop new discoveries of conflict resolution. Training will concentrate on:
Conflict
Needs
Perceptions
Values
Feelings and emotions
How public and private conflicts differ
Perceptions of problems
Managing Conflict
Analyzing the conflict
Pre-negotiation
Negotiation
Conflict Management Strategies
Collaboration
Compromise
Competition
Accommodation
Avoidance
Assessment
Mandatory quarterly interpersonal meetings will be distributed for all students to discuss director of Humphreys College so that information of all staff and faculty can be recorded and future mediations can be assigned for anyone who feels they are being treated unfair in their grading, attendance, and participation. These reports will also be given to the owner of the school who will get to know the staff and faculty of his school without himself being present.
Bibliography
Human Resources University of Colorado Boulder. n.d.
Humphreys College. 2013.
James C. Melamed, Esq. Mediate. 2000-2013.
M. Shachar, 2002. Introduction to Conflict Resolution Management (CRM), DEL616 Conflict Resolution in Education, TUI, 2002
Maiese, Michelle. Beyond Intractability. September 2005.
Roberts, Michael. Mediate. August 2000.
Scott, Dawn. Evaluating the National Outcomes. n.d.
University, The Trustees of Columbia. Colombia Law School. 2013.