Dispute Resolution

Dispute Resolution
Objectives:
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to identify a resolution mechanism that

results in win-win scenarios
to analyze the role of power in dispute
resolution
to identify negotiation techniques
to analyze a negotiation process

Elements of Solutions

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conflict management VS elimination

alternative solutions VS contest
shared responsibility for win-win VS
win-lose scenario

Areas of Potential
Conflict in RED
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within or between community-based

organizations
between community-based
organizations and Government

Process Design
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The parties design and develop the process,

becoming involved in the following:
assessing

the appropriateness of the approach

negotiations
implementation
monitoring and evaluation

Power Effects
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Power is the capacity to produce an

intended effect.
A reliance on power leads to a
hardening of positions.
The use of power creates imbalances
and is a major factor in determining
solutions.

Understanding Power
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Power may be:

real

or perceived;
obvious or hidden; or
stated or inferred.
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Goal:
bring

balance to create cooperative

environment

Understanding Power (contd)

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Power may have a formal, legal,

personal, or knowledge basis.
Power may result from money, racial
affiliation, age, or emotional
manipulation.

Negotiation Continuum
Approach
Violence,
non-violent
direct action,
legislation

Results
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win-lose scenario
enforcement
based on power
feeling of
oppression

Negotiation Continuum (contd)

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Litigation(proces
s taking legal
action) and/or
arbitration

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third party makes a

decision based on
submissions
win-lose scenario
little support for
implementation

Negotiation Continuum (contd)

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Mediation,
conciliation,
negotiation

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third party plays a process role

third party ensures open and
continuous communication
expansion of range of possible
solutions
ownership of outcomes
empowerment
redistribution of authority
shared commitment and
responsibility for implementation
saving of time and money

Negotiation Continuum (contd)

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Informed
problem- solving

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depends on goodwill of
parties
environment of mutual
trust
best for addressing
minor issues

Negotiation Continuum (contd)

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Avoidance

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win-lose scenario
passive approach
no indication of
agreement
no indication of
support or interest

Principles/Tactics for Negotiating

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Separate the people from the problem.

Focus on interests, not positions.
Invent options for mutual gain.
Know your best and worst scenarios.
Respect the opinions of all.
Empathize, do not sympathize.

Qualities of a Negotiator
He/she:
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demonstrates an ability to listen deeply

and accurately;
works to build trust and facilitates
communication;
works beyond perceptions and questions
assumptions;

Qualities of a Negotiator (contd)

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ensures discussions deal with interests

VS positions;
looks for imaginative and innovative
solutions;
looks for mutually acceptable outcomes;
asserts the point of view of constituents;
is prepared; and
remains open to solutions.

Preparation
Information gathering
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Identify existing levels of agreement.

Know as much as possible about the
opposing party.
Identify other possible options for a
resolution.

Information gathering (contd)

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Know about any third parties.

Know the importance of relationships
and outcomes.
Know the locations and times of
meetings.

Establishment of Expectations
Try to establish:
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commitment to the process;

the authority of negotiators;
a mutual desire for an acceptable
outcome;
ground rules;
a positive, future-focussed tone; and
areas of agreement.

Definition of Issues
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Table all issues before negotiations start

to build trust, eliminate surprises.
Avoid stating positions.
Recognize interests and clarify
information.
Emphasize common areas.

Options and Solutions

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Avoid putting forward lists of demands

which prevent generating solutions that
result in win-win situations.
Generate as many options as possible.
Identify those that maximize mutual
gains.

Negotiation Table
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Ensure all stakeholders have a seat (be

inclusive).
Ensure negotiators have authority from
their constituencies.
Build in opportunities for negotiators to
consult with their constituencies so that
agreements will hold.

Negotiation Table (contd)

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Provide opportunities for exploratory

talks.
Reach agreements on spokespersons.
Initial partial agreements.