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BEHAVIORAL SCIENCES - Universitatea de Medicină şi Farmacie

BEHAVIORAL SCIENCES - Universitatea de Medicină şi Farmacie

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conflict at the start. As pioneering self-help author Napoleon Hill said:<br />

“The most important job is that of learning how to negotiate with others<br />

without friction.”<br />

Duke Ellington had it right when he said, “A problem is a chance<br />

for you to do your best.” To <strong>de</strong>al with conflict successfully, be concerned<br />

about your own outcomes and also the outcomes for the other party.<br />

Processes of conflict resolution generally inclu<strong>de</strong> negotiation,<br />

mediation, collaborative law, and arbitration.<br />

The salient features of each type are as follows:<br />

1. In negotiation, participation is voluntary and there is no third<br />

party who facilitates the resolution process or imposes a<br />

resolution.<br />

2. In mediation, there is a third party, a mediator, who facilitates the<br />

resolution process (and may even suggest a resolution, typically<br />

known as a "mediator's proposal"), but does not impose a<br />

resolution on the parties.<br />

3. In collaborative law, each party has an attorney who facilitates<br />

the resolution process within specifically contracted terms. The<br />

parties reach agreement with support of the attorneys (who are<br />

trained in the process) and mutually-agreed experts. No one<br />

imposes a resolution on the parties.<br />

4. In arbitration, participation is typically voluntary, and there is a<br />

third party who, as a private judge, imposes a resolution.<br />

Arbitrations often occur because parties to contracts agree that any<br />

future dispute concerning the agreement will be resolved by<br />

arbitration.<br />

Beyond the peculiarities of each form of conflict resolution there<br />

are some common used strategies for conflict solving. Among success<br />

strategies for conflict resolution are following directives:<br />

Have a high concern for both your own and the other party’s<br />

outcomes, and attempt to i<strong>de</strong>ntify mutually beneficial solutions.<br />

Know and take care of yourself.<br />

o Un<strong>de</strong>rstand your perceptual filters, biases, and triggers.<br />

o Create a personally-affirming environment for yourself before<br />

addressing the conflict (sleep, eat, seek counsel, etc.).<br />

Clarify personal needs threatened by the conflict.<br />

o Know your substantive, procedural, and psychological needs.<br />

o Determine your “<strong>de</strong>sired outcomes” from a negotiated process.<br />

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