Alternative Dispute Resolution with Emphasis

According to the Cambridge dictionary, a basic definition of conflict is: "an

active disagreement between people with opposing opinions or
principles."[30] Conflicts such as disagreements may occur at any moment,
being a normal part of human interactions. The type of conflict and its
severity may vary both in content and degree of seriousness; however, it is
impossible to completely avoid it. Actually, conflict in itself is not necessarily
a negative thing. When handled constructively it can help people to stand
up for themselves and others, to evolve and learn how to work together to
achieve a mutually satisfactory solution. But if conflict is handled poorly it
can cause anger, hurt, divisiveness and more serious problems.

If it is impossible to completely avoid conflict as it was said, the possibilities

to experience it are usually higher particularly in complex social contexts in
which important diversities are at stake. Specially because of this reason,
speaking about conflict resolution becomes fundamental in ethnically
diverse and multicultural work environments, in which not only "regular"
work disagreements may occur but in which also different languages,
worldviews, lifestyles and ultimately value differences may diverge.

Conflict resolution is the process by which two or more parties engaged in

a disagreement, dispute or debate reach an agreement resolving it. It
involves a series of stages, involved actors, models and approaches that
may depend on the kind of confrontation at stake and the surrounded social
and cultural context. However, there are some general actions and
personal skills that may be very useful when facing a conflict to solve
(independently of its nature), e.g. an open minded orientation able to
analyze the different point of views and perspectives involved, as well as
an ability to empathize, carefully listen and clearly communicate with all the
parts involved. Sources of conflict may be so many, depending on the
particular situation and the specific context, but some of the most common
include:

Personal differences such as values, ethics, personalities, age, education,

gender, socioeconomic status, cultural background, temperament, health,
religion, political beliefs, etc. Thus, almost any social category that serves
to differentiate people may become an object of conflict when it does
negatively diverge with people who do not share it. [31] Clashes of ideas,
choices or actions. Conflict occurs when people does not share common
goals, or common ways to reach a particular objective (e.g. different work
styles). Conflict occurs also when there is direct or indirect competition
between people or when someone may feel excluded from a particular
activity or by some people within the company. Lack of communication or
poor communication are also significant reasons to start a conflict, to
misunderstand a particular situation and to create potentially explosive
interactions.

Conflict Management

Conflict management is the process by which disputes are resolved,

where negative results are minimized and positive results are prioritized.

This key management skill involves using different tactics depending on the
situation, negotiation, and creative thinking. With properly managed
conflict, an organization is able to minimize interpersonal issues, enhance
client satisfaction, and produce better business outcomes.
Workplace conflict does not automatically mean that there are specific
employees at fault, although in some cases that will be the issue. If you
have employees who question the status quo and are pushing to make
changes that they feel would be positive for the organization, that can
indicate that your organization has a high level of employee engagement.

Conflict can also mean that employees are comfortable enough to

challenge each other and that they feel as though their conflicts will be
fairly resolved by the organization.

Conflict management, when done properly, can even increase

the organizational learning of an organization through the questions asked
during the process.

Conflict resolution and the flow of power in conflict

Conflict resolution as both a professional practice and academic field is

highly sensitive to cultural practices. In Western cultural contexts, such
as Canada and the United States, successful conflict resolution usually
involves fostering communication among disputants, problem solving, and
drafting agreements that meet underlying needs. In these situations,
conflict resolvers often talk about finding a mutually satisfying ("win-win")
solution for everyone involved.[47]
In many non-Western cultural contexts, such as Afghanistan, Vietnam,
and China, it is also important to find "win-win" solutions; however, the
routes taken to find them may be very different. In these contexts, direct
communication between disputants that explicitly addresses the issues at
stake in the conflict can be perceived as very rude, making the conflict
worse and delaying resolution. It can make sense to involve religious, tribal,
or community leaders; communicate difficult truths through a third party; or
make suggestions through stories.[48] Intercultural conflicts are often the
most difficult to resolve because the expectations of the disputants can be
very different, and there is much occasion for misunderstanding. [49]

In a 2017 blog post on "the ocean model of civilization" for the British

Academy, Nayef Al-Rodhan argued that greater transcultural
understanding is critical for global security because it diminishes
'hierarchies' and alienation, and avoids dehumanization of the 'other'

Types of Power
There are two broad categories of power: structural and personal. Structural power is derived from the legal,
political, or formal authority that exists in a particular situation or position. Personal power consists of the
personal characteristics and traits which are inherent in the individual, such as determination, knowledge, and
perseverance.
Personal power and structural power may support each other for one individual but may create difficulties for
others; an insecure manager, for instance, may not have the personal power at that time to support their
structural power position, and vice versa.
Which people in your organization have both? What problems or conflicts arise when a leader has structural
power but not personal power or vice versa?
Power Types in the Workplace
I am often asked to provide conflict resolution services due to power problems. Before we settle on which
approach will be the most helpful, we analyze and determine which type of power is in play.
Legitimate power is the power granted by holding a position or role. It is found in virtually all businesses and
is the power associated with CEOs, managers, and other authority figures. Legitimate power isn’t always
associated with a specific role.  It can also arise from a code or standard which influences behavior and
choices. Acceptance of social structure and cultural values also give rise to legitimate power. We often
see  how those with certain age, personal, intelligence, or caste characteristics are granted legitimate power to
influence others. This type of power may also be considered formal authority. Problems arise when authority
figures abuse their power by demonstrating threatening behavior.
Informational power is when someone possesses necessary information or insight that others may not have.
It’s short-lived power, and while it may help establish someone as an expert, it doesn’t necessarily lead to
influence or credibility in the long-term. An example of this type of power is when an employee has needed
information about a specific project that a manager requires. Problems arise when someone with informational
power withholds information in order to gain influence.
Expert power has a longer life span. This power arises when a person has a particular expertise or skill that
others may not have. This makes them valuable to the organization and to the team, as their expertise is in
limited supply. This type of power is also generally considered to be positive. Expert power is considered one
of the most effective types, as these people tend to create trust and respect by sharing their expertise for the
good of a team or company. Problems arise when an expert hoards their knowledge.
Referent power is largely about personality but is often found in people who are at higher levels of a
company. Their charisma or integrity attract people to them and may create a level of trust and
respect. Problems arise when that trust is abused or the charm is used inappropriately, such as has been
reported in the #MeToo movement.
Reward power occurs when a reward is promised in exchange for some action. This type of power is only
useful, however, if the reward is perceived as valuable. While rewards can be used to increase morale or
motivation, the problem arises when reward power is overused.
Coercive power is the dark side of reward power. While reward power tends to have a positive impact on
others, coercive power is one of the most negative and abusive forms. In this type of power, a requested action
is tied to a threat or punishment. Problems arise when managers who are insecure or feel weak in their position
attempt to utilize coercive power to prove their authority over others. These people may think they’re
motivating their employees when in reality, they’re bullying them.
How to Use Power in Conflict
We helped a team lead who was using legitimate and informational power to restrict growth opportunities for
staff.  By helping develop trust among the team, she was able to let go of some of her power and allow staff to
blossom.

Power is the ability to influence an outcome or get a task completed. To understand power it is vital to know
the context in which it is being exerted and the other forces and influences in play. In the context of conflict
power is defined as the ability to get one’s needs met. For a conflict to exist each of those involved must have
some degree of power and the ability to influence the outcome of the conflict. This month’s newsletter dissects
some concepts about power.

Understanding Power and Conflict

Power is an elusive concept because it has so many manifestations. Everyone has many potential sources of
power, most of which he or she is often unaware. Some are independent of the conflict while others can be
enhanced or diminished by the process of conflict (Bernard Mayer, The Dynamics of Conflict Resolution: A
Practitioner’s Guide, CA: Jossey Bass, 2000, p. 54).

Structural v. Personal Power

Structural power is derived from the situation, the resources people bring to a conflict, the legal and political
realities within which the conflict occurs, the existence of formal authority, if any, and the real choices that
exist. One form of structural power is formal authority as discussed below. On the other hand, personal power
is inherent in the individual, their personal characteristics and traits such as determination, communication
skills, knowledge and perseverance. Id. Mediators can influence personal power by creating safe environments
so that disparities in personal power can be equalized. Changes in structural power usually require systemic
fixes.

Key Types of Power

Formal Authority: The authority given by an institution, by a set of laws or policies or by virtue of one’s
position, such as school principal, board president or city council member. One’s effectiveness using formal
authority depends on their personal power.

Legal Prerogative: Rights and choices defined by law or policy. A related source of power is the resources a
person has to pursue legal action. Id at 55.

Information: Data and knowledge. If one party to a conflict has information that the other doesn’t they have
power in a conflict based on their decision to share or conceal that knowledge.

Association: This kind of power comes from the connection with other people or groups, such as political
entities, trade associations or any other organization. Some of a mediator’s power comes from the ability to
maintain a connection with the parties in the dispute. Id at 56.

Resources: The ability to control resources whether tangible in the form of money, labor or time, or intangible,
such as reputation and stamina, is a significant source of power
Rewards and sanctions: The ability to confer benefits or rewards and impose sanctions or penalties are
opposite sides of the same coin. A parent withholding a treat or fun trip or imposing a time out and a child
throwing tantrum in a crowded store are examples of the use of this type of power.

Morals: Power can flow from an appeal to the values, beliefs and ethics or from an attack on the values of
those with whom you are in conflict. Id at 57. “Mahatma Gandhi referred to this as the force of truth.” Id at 57

Personal characteristics: This kind of power derives from an individual’s inherent make up, such as their
perseverance, endurance, intelligence, communication skills, determination, and emotional and physical
strength.
Some of these types of power are compatible with each other while others are not. For example, a person with
tangible resources may be effectively able to use the threat of a lawsuit to negotiate a settlement. The use of an
appeal to morals may not be effective if one doesn’t have personal characteristics to evoke this use of power.
In the workplace context a manager may have formal authority based on her position which was obtained by
virtue of her intellect but her power may be diminished if she doesn’t have the skills to manage people on her
team.

These types of power mix together in complex ways. The amount of power an individual has is less important
than how effectively it is marshaled. “Sometimes it is important to use power to change a situation, and
sometimes it is necessary to show a willingness to use power.” Id at 60. This dynamic is often seen in
unionized workplaces. Threats to strike need to be credible in order for a negotiation to be effective. In civil
litigation the threat of a pending motion or court decision may be effective use of legal prerogative that may
result in a settlement.

In the conflict resolution field mediators are often working with parties who are attempting to use collaborative
processes while at the same time preparing for a rights-based court process. A mediator’s effectiveness
depends in part on how they help parties use their respective power.

How Power is Used

Regardless of the source and type of power there are three ways in which it can be used to influence others.
First, is the normative or persuasive approach which appeals to people’s values or beliefs. For example, a
parent asks their teenager to do the dishes after dinner because he’s part of the family and everyone pitches in.
Second is the utilitarian approach which is based on the use of rewards. In the example above the parent would
bestow a benefit on the teen for doing the dishes before breakfast tomorrow. The third use of power is coercive
where power is employed as a method of punishment. In this case the teen could lose driving privileges if the
dishes aren’t done.

Indigenous conflict management and resolution of the Ethno linguistic

groups of Mindanao.