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CHAPTER 8: DISPUTE

RESOLUTION
Semester 1, 2016
Pacific Adventist University
Christopher Papiali

Reasons for Dispute


Why dispute occurs ?
Disputes occur when employees and staff compete or argue.
Competition among staff and employees occurs in
consideration to the following:
State three main reasons for disputes.
a) Resources
b) Promotions
c) Use of facilities
d) Position

Argument leads to:


a) Exploiting strengths and opportunities
b) Answer threats and compensate for weaknesses
c) How strategies should be designed and implemented
d) How tasks should be performed.

A lot of dispute occurs as a result of


misunderstanding and
miscommunication
Information use is inaccurate or incomplete.

Interests in the dispute


Peoples attitude towards a dispute depend upon their
proximity to it and how closely it affects their interests.
When they feel distant from it they may be indifferent.
Those involved in the dispute feel pain, anger,
embarrassment, retaliation.
Note: customary dispute resolution is different
often times community participation occurs to
reach compromise.

Dispute has to be solved appropriately using


existing policies and pertinent resolution practises
Dispute instigators and participants face job loss
(suspension, termination, prosecution, etc)

Factors influencing interests in a dispute include the


following:
List the factors which influence disputes/interest

Relationship factors personalities of the disputants,


any knowledge they have of each other and previous
history, involvement of third parties;
Stake how badly do you want to win, and how serious
would be the cost of losing?
Emotional involvement the more involve I am in
defending my interests or achieving my goals, the more
I commit myself in the dispute;
Urgency if I want a problem resolved quickly. I may
force a solution, or at the opposite extreme, withdraw
quickly.

Factors influencing interests in a


dispute include the following:
Precedent how does the individual or organisation
usually behave in these circumstances? If there is a
precedent, then this may give an example of how the
dispute can be resolved.

Culture and Dispute


Disputes in Western cultures are studied and analysed
in order to achieve both positive and negative
outcomes.

Dispute in the Anglo cultures


In Anglo cultures dispute becomes a necessary
condition for creativity and initiative. This reflects the
Anglo value of individual growth through creative doing.

Disputes in collective cultures


Dispute may be seen as thing that will destabilise
harmony relationship among individuals with a group
and or between groups.

Explaining tolerance of dispute by cultural analysis


Hofstedes model can be interpreted as a study of different attitudes
towards dispute:
In Collectivist cultures harmony is maintained, direct confrontation avoided.
In Individualist cultures, speaking ones mind is a characteristic of an honest
person.
In wide Power Distance cultures latent conflict ranks is considered normal
and always feared. Peers are reluctant to trust each other. In Narrow power
distance cultures, harmony between powerful and powerless is valued, peers
are relatively willing to cooperate.
In High Uncertainty Avoidance cultures dispute within the organisations are
considered undesirable; conflict is disapproved of, perhaps because it is felt
that disputants are unlikely to accept compromise readily. In Low
Uncertainty-Avoidance cultures, conflict in organisation is considered natural.
Competition may be fierce, but afterwards the opponents find it relatively
easy to reconcile.

In strong Masculine cultures, disputes are


resolved by fighting them out. In strong Feminine
cultures, conflicts are resolved by compromise
and negotiation
In PNG, tribal wars and vicious cycle of violence are part
of one tribe or clan dominating the other. Solving
conflicts of such magnitude takes time.
In PNG, conflicts are demonstrated in public (highlands
cultures)
In PNG, conflicts are demonstrated secretly, resort to
cultural practises of payback systems (coastal regions)

Handy (1985) identifies types of


disputes:
Competition for resources serves as a useful purpose when it
a) Sets standards;
b) Sorts out the best from the field;
c) Motivates and channels energy.
)An Argument is constructive and helps people learn when
a) The sides are arguing about the same thing. Issues are properly framed;
b) Information to resolve the issue is available;
c) Personal attacks are avoided.
d) The rules for conducting and resolving the dispute are clear and are accepted by
the two sides;
e) Communication is full and accurate;
f) Differences are resolved, and the resolution is accepted.

However, conflict occurs when competition or argument


fails to reach a successful outcome and spirals out of
control.

When the participants in the conflict


are divided on an issue, what comes
out are:
There is no perception of common interest;
One or both of the two sides refuse to accept
arbitration;
The responsible superiors refuses to arbitrate (mediate,
settle)
The procedures for deciding a winner are obscure and
unacceptable;
The cost of losing is greater than the cost of continuing
the conflict;
Personality clashes cannot be overcome;
Information is inadequate; communication breakdown;

The Manager Resolves a Dispute


Disputes are resolved by managers through:
Clarifying strategic priorities;
Applying strong but flexible structures;
Communicating clearly and accurately and encouraging
clear and accurate communication from subordinates;
Discouraging personal attacks.
And others.

Manager declines to intervene and


Avoid the issue when it seems likely
that:
a) The two sides can reach a satisfactory solution on
their own, OR
b) Involvement will make the dispute worse, OR
c) Involvement will cause her loss of face. Values in the
culture may be significant.

Intervention by the Manager can be reasonable move


and range of options can be explored which include:
a) Impose a solution. The dispute parties may see
otherwise, where the manager can possibly lose
authority;
b) Separate the disputants.
c) Council between two sides (can request social
services).
d) Mediation takes place, where the manager acts like a
participant.
)Note: Sometimes, mediation from the third party is
called upon.

Negotiation
Negotiation must be appropriate and effective. This can
be done by:
Developing the relationship between the two sides;
Exchanging information, attitudes and interests
Exploring divergent needs, expectations and
assumptions;
Persuading;
Making and accepting concessions;
Reaching agreement;

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