Dedication
Full Title
Copyright
Foreword
Foreword to the Second Edition
Preface: A Multidisciplinary Approach
Acknowledgments
Table of Contents
Chapter 1 Understanding Conflict
Introduction: The Aims of this Book
Why conflict management?
A definition of conflict
Conflict and dispute
Models of Conflict
The Dollard/Miller model
Rummel’s structural model
The Deutsch model
Sources of conflict
Three vital ‘intangible’ components of conflict
Social change and conflict
Culture and conflict
The process of conflict
Conflict and storytelling
Entrapment and conflict
Equilibrium in Conflict
The ‘Good’ and ‘Bad’ Outcomes of Conflict
Conclusion
Exercises
Chapter 2 Responding to Conflict: Dispute Management Preferences
Introduction
Alternative ways of responding to conflict
Rights, Power and Interests
The Role of the Third Party
Generating and Confronting Conflict
Guerrilla warfare: Conflict management by covert means
Five Ways of Responding: The Manager and Conflict
Party Preferences
Preferences and fairness
Control and fairness in making choices: The instrumental model of justice
Conflict in the ‘compact city’ (high-density housing)
Role, Status and Timing as Predictors of Disputant Preference
Conclusion
Exercises
Chapter 3 Communication: Managing Emotions, Difficult Conversations and Complaints
Introduction: Reading the Room
Communication Ideals
Barriers to Effective Communication
Active Listening: The Elemental Skill of the Conflict Manager
Questions: Swords that Cut Both Ways
Being directive
Managing Anger and Other Emotions in Conflict
The role of anger
Affect theory and the role of shame
Emotional Intelligence
Managing our own emotions
Managing emotions in others
The ABCs: Affect, Behaviour and Cognition
Assertiveness Skills
Characteristics of submissive, avoiding, aggressive and assertive responses
An assertiveness process
Expanded assertiveness
The ‘reinforcement sandwich’
Complaints Management
Describing complainants
Managing complainants in groups and organisations
Verbal Jujitsu: Managing Difficult People
The three levels of conflict
Common reaction to these tactics
The ‘Stop-Attend-Reframe’ (STAR) Approach
Using Verbal Jujitsu
The direct attack: Crocodiles and land mines
Circular attack: Magpies
Multiple attacks
Silence: The submarine
The Procrastinator
Negativity: Complainants and ‘black holes’
Expert overkill: The know-it-all
The nice pill: Marshmallows
Self-attack
Conclusion
Exercises
Chapter 4 The Rise of Alternative Dispute Resolution
Introduction
The Modern ADR Movement
The Accreditation of Mediators
Why ADR?
Efficiency, Proportionality and Dispute System Design
Combining justice with efficiency
Continuing and Future Issues
ADR Clauses in Contracts: A Short Legal History
Possible conditions precedent to maintain a viable dispute resolution clause
Severability, compliance and remedies
The power to order mediation
How to Draft a Dispute Resolution Clause
Arbitration: The Forgotten Process?
Reform of Australian arbitration law
Conclusion
Exercises
Chapter 5 Collaborative Practice
Introduction
The Collaborative vs the Coercive Approach
Five-phase Structure for Collaborative Conflict Management
Phase 1: Define the issues/problems
Phase 2: Concentrate on interests, not on outcomes
Phase 3: Generate options
Phase 4: Select an option or options, and implement
Phase 5: Evaluate
Other Collaborative Techniques
Using creative metaphor — a root-cause analysis
Persuasion and audience
Collaborative Legal Practice
Collaborative family lawyering
Contrasting mediation with collaborative law
Conclusion
Exercises
Chapter 6 Negotiation: Models, Strategies and Tactics
Introduction
Negotiation ‘tightropes’ and the cost–benefit relationship
Stabilising reference points for negotiators: managing interdependency
The Zone of Possible Agreement
The Role of Persuasion
Models of Negotiation
Structural approach
Strategic approach
Behavioural approach
Concessional exchange theory
Integrative models
Distributive Negotiation
Some important tactics in distributive negotiation
Integrative Negotiation
Essential elements of the principled approach
Criticisms and limitations of the Getting to Yes model
Advantages of the integrative approach
Combining the Two Models: Creating and Claiming Value
Threats
Tit-for-Tat
Gender and Negotiation
The Cultural Factor
Conflict management in Aboriginal and Torres Strait Islander communities
Other analyses of the cultural factor
The Process of Negotiation
Phase 1: Preparation — choosing the dance floor and the music
Phase 2: Process and agenda construction — choosing the dance
Phase 3: Exploring needs and discovering interests — dancing
Phase 4: Intensive negotiation — the tango beat
Phase 5: Agreement-making — the curtsy and the music break
A summary of the negotiation process
Conclusion
Exercises
Chapter 7 Mediation
Introduction
The National Mediator Accreditation System
The Evolution of Modern Mediation
Facilitative mediation
Evaluative mediation
Transformative mediation
Narrative mediation
The Advantages of Mediation
Disadvantages and Criticisms of Mediation
Knowledge, Skills, Values and Artistry
The Mediation Process
Phase 1: Preparation
Phase 2: Introduction — outlining the process and creating trust
Phase 3: Statements
Phase 4: Agenda construction
Phase 5: Exploration
Phase 6: Private sessions
Phase 7: Negotiation
Phase 8: Agreement
Phase 9: Implementation, review and revision
A summary of the mediation process
Some Particular Issues for Lawyer Mediators
Ethics
Confidentiality and admissibility
Good faith requirements
Managing lawyers and other third party experts
Conclusion
Exercises
Chapter 8 Restorative Justice and Conferencing
Introduction
Defining Restorative Justice
The Beginnings of Restorative Justice
Implementation issues
Bureaucracy
Social Control
The Theft of Crime
Public Sentiment
Theoretical Underpinnings
Neutralisation theory
Affect theory
Reintegrative shaming
Tyler’s theory of procedural justice
Sherman’s defiance theory
Collins’ theory of interaction ritual chains
Restorative justice and responsive regulation
Evaluation of Restorative Justice Processes
Standards and the Regulation of Restorative Justice
The Conference Process
Mediation and Conferencing
Stages of the conferencing process
Stage 1: Pre-conference
Stage 2: Introductions and ground rules
Stage 3: Narratives
Stage 4: Exploration and transition
Stage 5: Agreement/outcome plan
Stage 6: Conclusion
Conclusion
Exercises
Chapter 9 Conflict, Justice and System Design
Introduction
The Maintenance of Group Conflict
Diabolical solutions
Group Change in Conflict
Power
Important sources of power
Unitary, pluralist and radical organisations
Decision-Making, Thinking and Bias
Typical decision-making styles
The process of conflict in groups
Conflict at Organisational Interfaces and Groupthink
Partnering: A Way of Managing the Organisational Interface
The Five Dimensions: Developing a Learning Organisation
Systems thinking
Personal mastery
Mental models
Building a shared vision
Discipline of team learning
Benchmarks for Good Alternative Dispute Resolution Practice
Fairness and Justice
Instrumental and relational theories
Do outcomes affect perceptions of the process?
Can role affect justice perceptions?
Combining justice and institutional analysis with ADR
Conflict Management System Design
Responding to emerging conflict
Team building
Collaborative problem-solving
Developing a more responsive conflict management system
Useful Consultation Techniques
The Delphi technique
Nominal group technique
Search conferences
Conclusion
Exercises
Chapter 10 Practical Group Facilitation
Introduction: What is Facilitation?
The context of facilitation
Group Dynamics and the ‘Initial Position’
Stages of group development
Decision-Making: The Stepping Stones of Group Life
First order problems: The process of decision-making
Second order problems: Dealing with new or contentious issues
The Role of the Facilitator
Key facilitator attributes
Preparing for your role in the facilitation
Core Facilitation Skills
Core facilitation skills in detail
Finding Out: Group Evaluation Skills
CATWOE: Arriving at a ‘root definition’
The SWAT analysis
Plotting group development
Conflict analysis
Concept building and the ladder of inferences: At what level are we talking?
Establishing the Climate for Creative Cooperation
Introductions checklist
Ground rules
Preliminary statements and summaries
Goal statements
Developing constructive agendas
Exploration: Moving into divergent conversations
Structured Interventions to Assist Open and Divergent Discussion
Brainstorming
Making reports
Categorising
Small groups
Individual reflection
Structured go round
Talking paper
Selecting items from a long list
Some Techniques for Breaking Through Impasse During Exploration: Using NRCP
Developing Creative Options and Negotiating Outcomes: Moving into Convergent Conversations
Sustainable Agreement-Making
When consensus cannot be reached
Mean groups: Working with resistance
Strategies for Empowering Individuals and Groups
Closing Off
Debriefing
Conclusion
Exercises
Bibliography
Index