Conflict Management Resources

Interpersonal Conflict Reading List

1. Cloke, K. and Goldsmith, J. Resolving Conflicts at Work: A Complete Guide For Everyone On the Job. San Francisco: Jossey Bass, 2000.

2. Crum, T. The Magic of Conflict. New York: Simon and Schuster, 1978.

3. Dana, D. Conflict Resolution: Mediation Tools for Everyday Worklife. McGraw-Hill, 2001

4. Eisaguire, L. The Power of a Good Fight. Indianapolis: Alpha Books, 2002.

5. Fisher, R., Ury, W. and Patton, B. Getting to Yes, Negotiating Agreements Without Giving In. Penguin Books, 1991.

6. Levine, S. Getting to Resolution. New York: Berret Kohler, 1998

7. Mindell, A. Sitting in the Fire. Portland: Lao Tse Press, 1995

8. Rosenberg, M. Nonviolent Communication. Encinitas: Puddle Dancer Press, 1999

9. Ury, W. Getting Past No: Negotiating Your Way From Confrontation to Cooperation. Bantam Books, 1993.

10. Weeks, D. The Eight Essential Steps to Conflict Resolution. New York: Tarcher/Putnam, 1992

Workplace Conflict Management Reading List

1. Cloke, K. and Goldsmith, J. Resolving Conflicts at Work: A Complete Guide For Everyone On the Job. San Francisco: Jossey Bass, 2000.

2. Costantino, C. A., and Merchant, C. S. Designing Conflict Management Systems: A Guide to Creating Productive and Healthy Organizations. San Francisco: Jossey Bass, 1996.

3. Dana, D. Conflict Resolution: Mediation Tools for Everyday Worklife. McGraw-Hill, 2001

4. Fisher, R., Ury, W. and Patton, B. Getting to Yes, Negotiating Agreements Without Giving In. Penguin Books, 1991.

5. Mayer, B. The Dynamics of Conflict Resolution, A Practitioners Guide. San Francisco: Jossey Bass, 2000.

6. McDermott, E. P. with Berkeley, A. E. Alternative Dispute Resolution in the Workplace: Concepts and Techniques for Human Resource Executives and their Counsel. Westport: Quorum Books, 1996.

7. Slaikeu, K. A., and Hasson, R. H. Controlling the Costs of Conflict: How to Design a System for Your Organization. San Francisco: Jossey Bass, 1998.

8. Ury, W. L., Brett, J. M., and Goldberg, S. B. Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict. San Francisco: Jossey Bass, 1988.

9. Ury, W. Getting Past No: Negotiating Your Way From Confrontation to Cooperation. Bantam Books, 1993.

10. Weinstein, R. J. Mediation in the Workplace, A Guide for Training, Practice and Administration. Quorum Books, 2000.

Talking And Driving Don't Mix -- Employer Responsibility For Business Cell Phone Use

Talking And Driving Don't Mix -- Employer Responsibility For Business Cell Phone Use

The use of cell phones in the United States is at an all time high. More and more, employers are finding cell phones to be essential tools which help boost productivity and keep their employees connected to the office and to clients.

With this increased reliance on cell phones to conduct business outside the office comes an increase risk of liability for employers. This is especially true where employees use their cell phones to conduct work-related business while they are driving. When an employee gets into a vehicle accident while using a cell phone for work-related business, both the employer and the employee may be found liable. In fact, employers in several jurisdictions have already been hit with lawsuits allegedly caused by employees driving and talking on the phone.

A recent study found that drivers who maneuver through traffic while talking on the phone are more than 5 times more likely to get into an accident than non-distracted drivers. Surprisingly, the study also found that drivers engaging in cell phone conversations can be more dangerous than drunk drivers. Whereas drunk drivers tend to be more aggressive, drivers tend to be more sluggish and have a reduced reaction time when talking on the phone. The study also showed that driver performance remained the same whether the driver was holding the phone or using a hands-free device.

Tips for Employers

To reduce their risk of liability, employers should update their employee manuals and policies to include a specific policy limiting or prohibiting the use of cell phones while driving - as well as other hand-held devices (such as Blackberries, Treos, and Palm Pilots) - for work-related purposes. To afford the most protection, the policy should prohibit employees from talking on the phone or using hand-held devices for work-related purposes while driving. The policy should further state that employees who are in an auto accident or charged with traffic violations resulting from talking on the phone or using a hand-held device while driving will be solely responsible for any resulting liability.

Where it is not practical to completely prohibit employees from using cell phones or other hand-held devices while driving, employers should adopt a policy which provides specific parameters for such use. For example:

*as much as possible, pull over and safely stop the vehicle before using the phone
*keep calls short while driving
*always dial when the car is not moving
*use speed-dialing as much as possible
*avoid looking up phone numbers while driving
*use a hands-free options as much as possible
*avoid using the phone or hand-held device in heavy traffic or bad weather
*avoid stressful or emotional conversations while driving
*keep your eyes on the road

Source: Bullivant Houser Bailey PC

US Federal Interagency ADR Working Group Posts Final Guides

US Federal Interagency ADR Working Group Posts Final Guides

The Interagency ADR Working Group (see www.adr.gov), which assists federal agencies in the use of ADR, has incorporated public comments and finalized three guides relating to mediation and there forms of alternative dispute resolution:

(i) Protecting the Confidentiality of Dispute Resolution Proceedings (providing practical guidance on the application of the confidentiality provisions of the Administrative Dispute Resolution Act of 1996 to federal workplace dispute resolution programs);

(ii) A Guide for Federal Employee Mediators (providing practical ethical guidance and building on the September 2005 Model Standards of Conduct for Mediators); and

(iii) A Guide for Federal Employee Ombuds (building on the Standards for the establishment and Operation of Ombuds Offices issued by the ABA in February 2004).

These guides are designed for use by federal employee mediators within the government, but non-federal mediators may agree to follow the guides in federal mediations.

The guides are excellent representations of the ADR scholarship and expertise within the federal sector.

www.adr.gov

Beyond Reason: Using Emotions As You Negotiate

Beyond Reason: Using Emotions As You Negotiate
By Roger Fisher And Daniel Shapiro
246 Pp. The Penguin Group

Emotions matter. Whether negotiating with an angry boss or an outraged teenager, emotions can derail you. Properly treated, however, they can help you achieve the results you want. This book shows you how.

In Beyond Reason, you will discover five "core concerns" that motivate people: appreciation, affiliation, autonomy, status, and role. You will learn how to use these core concerns to generate helpful emotions in yourself and in others. Armed with this knowledge, you can gauge the needs of another negotiator, set the emotional tone of discussion, and reach a mutually acceptable agreement.

Beyond Reason clarifies the complicated, "fuzzy" world of emotions and offers straightforward, practical advice. It builds on previous work of the Harvard Negotiation Project, the group that brought you the groundbreaking book Getting to YES. Now, in Beyond Reason, world renowned negotiator Roger Fisher teams up with psychologist Daniel Shapiro, expert on the emotional dimension of negotiation. They show you how to employ emotions to turn a disagreement - big or small, professional or personal - into an opportunity for mutual gain.

Fresh, insightful, and relevant to any interaction, Beyond Reason is certain to become a lasting classic for dealing with anyone from family and friends to colleagues, customers, and employees.

http://www.beyond-reason.net/

Culture, Ethnicity and Conflict

A Selected Bibliography
Catherine Morris
http://www.peacemakers.ca/bibliography/bib3culture.html

Ombuds Offices: Classical and Organizational Models

A Selected Bibliography
Catherine Morris

http://www.peacemakers.ca/bibliography/bib19ombuds.html

Acknowledgement, Apology and Forgiveness

A Selected Bibliography
Catherine Morris

http://www.peacemakers.ca/bibliography/bib44forgivenessapology.html

Emotions and Conflict: Perspectives From Several Disciplines

A Selected Bibliography
Catherine Morris

http://www.peacemakers.ca/bibliography/bib14emotion.html

Managing Workplace and Labour Conflict

A Selected Bibliography
Catherine Morris

http://www.peacemakers.ca/bibliography/bib30workplace.html

Workplace Conflict Management Bibliography

This bibliography was compiled (May, 2002) by David Klegerman (dak@sympatico.ca) and Cinnie Noble (www.noblesolutions.net). It may be disseminated without permission, provided written acknowledgement to the above persons is given.

http://www.noblesolutions.net/pages/resources.html

101 Tools for Tolerance in the Workplace

101 Tools for Tolerance in the Workplace

http://www.tolerance.org/101_tools/work.html

Refusing To Carry Out Discriminatory Order Protected

A California appeals court says that an employer violates the Fair Employment and Housing Act (FEHA) when it penalizes a lower level manager for refusing to carry out a discriminatory order.

Elysa Yanowitz was a regional sales manager for L'Oreal USA, Inc. (L'Oreal). She was instructed by her boss, Wiswall, to replace a dark-skinned female salesperson who was not "good looking enough" with someone "hot." Wiswall discovered on a return visit to the store that Yanowitz had not carried out his order.

Passing by a young, attractive blond girl, he said, "God damn it, get me one that looks like that."

Despite repeated inquiries from Wiswall, Yanowitz refused to follow the order. While she repeatedly requested Wiswall to justify terminating the employee, who was a top performer, she did not complain to the Human Resources Department or to Wiswall that the order was discriminatory.

Over the following months, Wiswall engaged in an apparent campaign to fire Yanowitz, a satisfactory employee for more than 15 years. As Yanowitz became increasingly aware of this campaign, she went out on a disability leave due to stress, never returned to work, and was ultimately replaced. She filed

a FEHA claim alleging that she had suffered retaliation for refusing to follow Wiswall's order.

The appeals court agreed with L'Oreal that physical appearance is not a protected class, but said that a male executive's order to dismiss a female employee because he found her physically unattractive while not setting similar requirements for male employees is sex discrimination. Yanowitz's failure to follow what she believed to be a discriminatory order was a protected activity for which she suffered unlawful retaliation.

The court concluded that Wiswall's campaign to terminate Yanowitz was an adverse employment action because it would deter employees from engaging in protected activities. There was sufficient connection between his conduct and Yanowitz' protected activity to support a FEHA violation.

Yanowitz v. L'Oreal USA, Inc. (Cal. App. 1st Dist., March 7,2003) No.

A095474.

Source: California Chamber of Commerce

Culture Matters Workbook

Culture Matter's, Peace Corps' cross-cultural training workbook, was developed to train new Peace Corps Volunteers to enter new cultures with understanding and respect. While this Web-based version of Culture Matters is written as if addressed to a new Volunteer, we think teachers and students can easily adapt the language and activities to strengthen cultural understanding in their classrooms.

http://www.peacecorps.gov/wws/culturematters/

EEOC Launches New Mediation Pilot Program

Cari M. Dominguez, Chair of the U.S. Equal Employment Opportunity Commission (EEOC), announced the implementation of a voluntary mediation pilot program in which private sector discrimination charges filed with the EEOC will be referred back to a participating employer's internal dispute resolution program, as appropriate.

Under the new "referral back" mediation pilot, which will be carried out at the district office level, employers that have internal dispute resolution programs that meet specific criteria may participate in the pilot.

Under the EEOC pilot, an individual who has filed a discrimination charge against a participating employer may elect to have his or her charge held in suspense for a period not to exceed 60 days in order to provide the charging party and the employer an opportunity to resolve the dispute using the employer's existing dispute resolution program.

If the dispute is resolved through the employer-provided program, the charge will be closed pursuant to the Commission's procedures governing withdrawal and settlement of charges. If the dispute is not resolved, the Commission will recommence its processing of the charge.

In accordance with the provisions of the new pilot, the EEOC will refer charges back to those employer-provided internal ADR program mechanisms that meet the following criteria:

*Participation by its employees is voluntary;

*The employer has an established program;

*The program has clearly written procedures;

*It is free to the employee;

*The program addresses all claims and relief under EEOC-enforced

statutes; and

*Settlements obtained must be in writing and enforceable in court.

Chair Dominguez stressed that selection of an employer to participate in the pilot program does not constitute an endorsement or approval by the EEOC of an employer's internal dispute resolution program. In selecting an employer for the pilot, the Commission is simply acknowledging that the employer's internal program is the type of program that the EEOC is interested in evaluating, she said.

Tips for Dealing with Emotion in Mediation

Tips for Dealing with Emotion in Mediation

Eileen Barker

You don't have to be a mediator to know that emotional issues lie at the heart of conflict. Seasoned mediator, Eileen Barker provides practical suggestions to deal with the emotional dimension of conflict.

http://www.mediate.com/articles/ebarker2.cfm

Alternatives to ADA Mediation: An Organizational Ombuds Perspective

Alternatives to ADA Mediation: An Organizational Ombuds Perspective

Marsha Wagner

In my own experience as an organizational ombudsperson ­ an impartial, independent, confidential, off-the-record resource for conflict resolution --I have often noticed the frequency with which illness, injury or disability is a factor in workplace disputes.

Though there can be no dispute about the value of formal mediation of ADA workplace conflicts, in some situations there are other forms of conciliation or informal resolution that may be more appropriate.

http://www.mediate.com/articles/wagnerM.cfm

Organizational Conflict Management- What's a System?

John Ford

While conflict may be a constant, paradigms to explain conflict in organizations have changed. Systems thinking or chaos theory is the latest paradigm that has been used to understand organizational conflict. The demise of the mechanistic worldview allows us to contemplate how organizations deal with conflict through a fresh set of lenses.

http://www.mediate.com/articles/ford9.cfm

EPA's Conflict Prevention and Resolution Center

EPA Headquarters Workplace Mediation Program

In January 2000, EPA began a pilot program offering mediation as an alternative dispute resolution (ADR) technique for resolving headquarters workplace

grievances and discrimination complaints.  Mediation is a confidential, informal process for bringing disputing parties together with a neutral third party

to attempt to work out a mutually satisfying solution to their problem.   The experience of other federal agencies with workplace mediation programs is that

between 60% and 70% of disputes mediated are routinely settled through mediation.  This not only saves valuable human and financial resources, but also

encourages better working relationships and morale.  If an acceptable agreement is not reached, the aggrieved applicant or employee maintains any existing

rights to file a formal complaint or grievance.

Parties in mediation are able to have union, legal or other representation of their choice during the resolution process.  The Workplace Mediation Program

is administered by the Conflict Prevention and Resolution Center.

http://www.epa.gov/adr/cprc_workplace.html

Negotiating Difficult Labor Agreements Made Easier

Negotiating Difficult Labor Agreements Made Easier

Negotiating a labor-management agreement in the federal sector can be a daunting task for individuals who have not been involved in this process since the Civil Service Reform Act was passed in 1978. The extensive list of decisions by the Federal Labor Relations Authority is so numerous that the average

person working in this field has difficulty knowing all of them.

The Bargaining Book, FPMI's new publication that is based upon Title VII of the Civil Service Reform Act, gives readers the knowledge needed to make this task

easier. It is designed for all members of the negotiating team, whether experienced, newly appointed, labor, management, or observer. The

Bargaining Book is written in a unique style with explanatory material, multiple choice questions, and answers that provide a thorough explanation of the

reasons the designated answer is correct and the others choices are wrong.

The author, Philip A. Varnak, spent 32 years in the federal sector and negotiated his first labor-management agreement in 1967. As he notes, "Good negotiators are made - not born." Varnak retired from the federal service in 1997 and continues to be involved in federal labor relations through his consulting business and by presenting training courses for FPMI.

The Bargaining Book provides in-depth coverage of the following topics:

* Statutory requirements to establish union bargaining

rights

* Effective planning and organization of bargaining

teams

* Anticipating proposals

* Ground rules, permitted topics, prohibited topics

and permissive topics

* Negotiability determinations, official time and

grievance procedures

* Arbitration and unfair labor practices

* Partnerships and other cooperative labor management

situations

* Use of Interest-Based Bargaining

* Impasse procedures and Federal Mediation and

Conciliation Service

* Post-negotiations and contract implementation

The Bargaining Book, which sells for $15.95 per copy (shipping and handling already included), is a MUSTfor each negotiating team member, both union and

management alike. It can be ordered directly online from FPMI at https://www.fpmi.com/bargaining_book

Religion, Age And National Origin

Charge filings with the Equal Employment Opportunity Commission alleging employment discrimination in the private sector increased to 84,442 in fiscal year 2002, up 4.5 percent from the previous year, according to new data issued by the agency. The statistics also show that the average time for EEOC to process a private sector charge declined to 171 days (down 6 percent from FY2001) and the pending inventory of private sector charges awaiting investigation decreased to 29,041 (down 11 percent from FY2001). The EEOC resolved 95,222 private sector charge filings in FY2002 - up 6 percent from the previous year - and recovered $310.5 million in monetary benefits for charging parties through settlements, conciliation, mediation and litigation. One out of every five charges filed with the agency resulted in a "merit resolution" with a favorable outcome for the charging party. The industries that generated the most charge activity are retail, food services and manufacturing. EEOC Chair Cari Dominguez said expanded outreach and mediation were key priorities that contributed to the agency's success. During FY2002, EEOC offices conducted more than 4,000 outreach, education and technical assistance events nationwide to promote voluntary compliance - up 24 percent from FY2001. Under the voluntary mediation program, the EEOC resolved 7,858 charges in an average time of 82 days - less than half the time it takes through the administrative process. Of the 84,442 charge filings with the EEOC in the biggest increases from the prior year were in allegations of religious discrimination (up 21 percent), age bias (14.5 percent), and national origin discrimination (up 13 percent). The total charge filings breakdown as follows:

* 29,910 alleged race discrimination (up 3.5 percent from FY2001)

* 25,536 alleged sex/gender discrimination (up 1.6 percent from FY2001)

* 22,768 alleged retaliation (up 2 percent from FY2001)

* 19,921 alleged age discrimination (up 14.5 percent from FY2001).

* 15,964 alleged disability discrimination (down 3 percent from FY2001)

* 9,046 alleged national origin discrimination (up 13 percent from FY2001)

* 2,572 alleged religious discrimination (up 21 percent from FY2001)

* 1,256 alleged Equal Pay Act violations (unchanged from FY2001) The new statistics are available on the EEOC's web site at www.eeoc.gov.

The Book Of Agreement

The Book Of Agreement

By Stewart Levine

For years, when asked about the difference between my work, and the classic "Getting to Yes" I would say that although "Getting to Yes" is a wonderful book that expounds on many very important principles it does not give you the conversational steps that lead to agreement, and my work is about giving people "conversational competence."  As you might imagine I am very pleased to report that in the first review of "The Book of Agreement" it was call more

practical than the classic. Specifically it was said that: "With less focus on the purely psychological aspects of reaching agreement than 'Getting to Yes' Levine's becomes a much more pragmatic approach."  Perdido, Leadership With A Conscience, Fall 2002 Review of "The Book of Agreement"

For more information and to order "The Book of Agreement" please go to www.ResolutionWorks.org 

Time to tame your most destructive emotions?

Like to discover a scientifically proven approach to turning your attention away from anger and envy and toward congeniality and equanimity? Surely that's the straightest path to cultivating calm, establishing satisfying friendships and becoming more productive. Right?

Sound like an infomercial? In fact it's the good news of a groundbreaking set of experiments and resultant book due out in January 2003 by _Emotional Intelligence_ author Daniel Goleman. The book is called _Destructive Emotions: A Scientific Dialogue with the Dalai Lama_.

Goleman's book came out of an ongoing collaboration with several neuroscientists, other researchers, and Buddhists under the sponsorship of The Mind and Life Institute.

http://www.mindandlife.org/

The ambitious goal of their experiments? As an alternative to Western medicine's reliance on mood-altering pills, Goleman and his colleagues tested meditative and other mental training techniques for "emotional self-management training" for people who are not necessarily spiritual seekers. Wrote Goleman:

"Our purpose is to learn how to dwell in a constructive range: contentment instead of craving, calm rather than agitation, compassion in place of hatred."

Source: http://www.sayitbetter.com

My team's most significant problem is...

Survey: My team's most significant problem is...

Team members in conflict   21%

Lack of team member cooperation   14%

Lack of trust   7%

Unclear direction   11%

Ineffective meetings   2%

No fun   5%

Low morale   13%

Poor work performance   7%

Poor work habits   3%

Lack of management support   2%

Time for brainstorming and process improvement   7%

None... we have a great team!   3%

Other   3%

http://www.teambuildinginc.com/

EEOC Updates Guidance On National Origin Bias

EEOC Updates Guidance On National Origin Bias

Equal Employment Opportunity Commission Chair Cari M. Dominguez announced Dec. 2 the issuance of updated guidance, in the form of a new compliance manual section, on the prohibition against national origin discrimination under Title VII of the Civil Rights Act of 1964. The guidance, along with a new web page and Q&A fact sheet, is part of the EEOC's proactive efforts to prevent workplace discrimination through education, outreach and technical assistance to the employer and labor communities.

The new guidance explains the prohibition against national origin bias and emphasizes "best practices" aimed at fostering work environments that are free of such discrimination. It addresses a wide range of issues that arise in claims of

national origin discrimination, including hiring decisions, harassment, and language issues.

The EEOC has also created a special fact sheet providing questions and answers to some of the most common national origin matters faced by small employers today. While specifically developed for small businesses, the new fact sheet will be valuable to anyone interested in Title VII's prohibitions against discrimination based on ethnicity or country of origin.

To complement these materials, the EEOC is posting a national origin web page containing the new compliance manual section and the Q&A fact sheet, as well as basic information about national origin discrimination, charge statistics, and links

to documents and resources that provide further information on the topic and related issues. The web page can be accessed from the EEOC 's home page at www.eeoc.gov. The new compliance manual section is also available through the EEOC's publications distribution center at 800-669-3362 voice or 800- 800-3302 TTY.

Taking a Positive Approach to Change—Appreciative Inquiry

Taking a Positive Approach to Change—Appreciative Inquiry:

An Interview with Jane Magruder Watkins

The expression "You find what you look for" often describes those naysayers with an unerring capacity to identify what's wrong with a situation. Negative

energy usually bogs everyone down and impedes the search for a solution. But what happens when people champion the positive? In most cases, tremendous

forward momentum and enthusiasm emerge.

http://www.pegasuscom.com/levpoints/watkinsint.html

Difficult Communications: Going Beyond "I" Statements

Difficult Communications: Going Beyond "I" Statements

By Sterling Newberry

Dealing with difficult people can be unpleasant; it is also easier than you think. Being willing to learn, and asking the right kinds of questions helps, as does being

aware of your demeanor and intent. More honest and open communication on your part makes it more likely the other party will react non-defensively.   

http://www.mediate.com/articles/redwing9.cfm

Contributions of Caucusing and Pre-Caucusing to Mediation

Contributions of Caucusing and Pre-Caucusing to Mediation

By Gregorio Billikopf Encina

The author argues that pre-caucusing—a separate meeting between the mediator and each of the stakeholders before they are ever brought together into a joint session—can not only overcome many of the negatives often associated with caucusing, but has the potential of becoming a pillar of conflict management. Pre-caucusing affords stakeholders the opportunity to vent and be heard at a critical time in the mediation process, when it can reduce defensiveness

and increase creativity. Once in the joint session, stakeholders communicate with each other with less mediator interference.

http://www.mediate.com/articles/encina1.cfm

Are your organization's conflict management practices an Integrated Conflict Management System?

Are your organization's conflict management practices an Integrated Conflict Management System?

By Jennifer Lynch and Peter German

In this article we will provide a checklist that will help you assess the gaps between your organization's conflict management practices and an Integrated

Conflict Management System.

http://www.mediate.com/articles/systemsedit3.cfm

Risky Conflict Resolution

Risky Conflict Resolution

By Kenneth Cloke and Joan Goldsmith

Taking a risky approach to conflict resolution allows both

sides to discover newer and deeper levels of understanding,

improve their skills and relationships and find better

solutions than either side thought possible. For these reasons,

conflict is a valuable personal and organizational resource

and a powerful source of learning, development and growth.

http://www.mediate.com/articles/cloke2.cfm