Category: Conflict Resolution

There are many definitions of conflict, but in a basic essence we can say that conflict is a clash of interest. (Baker, 2018) It is a disagreement between two objectives or attitudes. Conflicts can occur in various situations, as exemplified by common scenarios of people arguing on a road or shouting at each other in a traffic jam. Another most popular conflict zone is at work where the ideology of the boss and the employee differs. It is usually common knowledge that where interests clash, a conflict will occur. However, it is also important to mention that the meaning of interest isn’t limited to ‘wants’. Conflicts also occur due to lack of resources, differences in opinions, values or the desire for an influential power position.

To explain things in a more transparent way, different theorists have divided conflict into different parts as per their perspective and ideology. For this article, let’s divide conflict into 3 types, individual, group and organisation.

Conflicts at individual level can be further categorized into two types, intrapersonal and interpersonal. Intra- personal conflicts are the ones which occur within oneself. Although quite frequently experienced by all, it is hardly given enough importance. It is more of a psychological conflict that involves questioning/ provoking of thought, emotion, beliefs or values that one is brought up with. For example, the nurse in the healthcare environment may face intrapersonal conflict while deciding whether to give up on a personal break or to work for the extra step which may have the possibility of bringing a smile on the patient’s face. Both the outcomes may seem desirable, but a conflict is generated by not being able to choose one.

Interpersonal conflicts are the ones that occur between two individuals. This normally happens because of difference in opinions or attitudes of both the persons. An example of such a situation in the healthcare sector could be a conflict between two nurses about the approach to be maintained while dealing with a particular patient. One may appreciate asking personal questions to make the client feel at home while the other may strictly advocate professional approach and not bear extra responsibilities.

Group and Organization conflicts, both can be further divided into two parts – inter-group conflict and intra-group conflict. Inter-group conflict is the one that occurs between two different groups. In the healthcare scenario, there may be disagreements between the newly employed staff and the group of old staff or the group of management.

Intra-group conflicts on the other hand, are the conflicts that occur within a group. In continuing the above mentioned example of the social scenario, intra group conflict would be a conflict that happens between the individuals of the same group, say between the newly employed nurses.

Conflicts of all stature often disrupt the balanced psychological well being of an individual or even an organization. According to a human resource article, (Mayhew, 2019), conflicts within an organization result in behaviors of discomfort at the workplace, employees tend to take more leaves and don’t find happiness in the team’s success. These employees may also fail to maintain proper communication with each other which may result in less sales and increase in customer dissatisfaction. Working in healthcare sectors tend to be more demanding and can be worsened by extended work hours and teams competing for resources. (De Dreu and Gelfand, 2013)

In a society as well, we see if a conflict is not properly managed or given a balanced solution to, it may result in draining an individual psychologically. This mental burnout may serve to decrease the productivity of a person which can further spiral into more conflict with say the spouse or children or with the boss at work. In the example provided here, we see that Peter has grown quite frustrated and is at his wit’s end to not find the new care staff having the same standards as the previous one.

One of the most famous models that people refer to when talking about conflict resolution is the Thomas Kilmann model. Thomas Kilmann developed an instrument to understand 5 different types of responses that people have towards conflict, which further helps us understand different resolution techniques that can be used, based on the approach group that one falls under. (Assessments, Tests and Assessment, 2019) The model assesses an individual’s behavior along two dimensions – assertiveness and cooperativeness.

A person who is highly assertive and scores very low on cooperativeness is called ‘competing’. The ones’ who score very high on cooperativeness and very low on assertiveness are called ‘accommodating’. ‘ Avoiding’ are the one who score very low on both the components. The ones who are exactly the opposite and score very highly on assertiveness as well as cooperativeness are called the collaborators. The last, are a group of people who fall under ‘compromising’.

Competing people are often very selfish and tend to focus on getting their view justified at the expense of the team’s. They are always at a defensive position and seek to ‘win’. People exactly opposite to the, the accommodating ones, tend to let go of their opinions without satisfying or being concerned about their own. These people are often seen as selfless individuals who care more about others rather than about what is right.

People who fall into the category of avoiding are the ones that rarely face an argument. They usually run away from the issues, ignore them or choose to side-step rather than face them to bring a solution. They are the ones who would do whatever the organization tells them to and simply disappear or ignore if there is an issue. The people falling into the opposite group are the collaborators. These people are often termed to have one the best conflict resolution strategy since they look for win for both parties. Collaborators tend to dig deep into the issue, identify the wants and needs of both the parties and reach a solution that is agreed upon by all the involved groups.

The last, compromising group of people are the ones that tend to moderate between assertiveness and cooperation. They tend to find a solution that only partially satisfies both parties. These group of people neither avoid the situation nor they satisfactorily resolve it. They diplomatically reach an ‘in-between’ ground that both sides can temporarily agree upon.

Understanding of this model helps us better evaluate the situation that peter is facing. There are several levels of conflicts that must be assessed and resolved. A collaborative approach of conflict resolution is the goal that one must reach. For the nurses and the institutional authorities involved, a personal understanding of whether one sulks, avoids or effectively approaches a problem can help them prevent or manage the conflict more effectively. Jones L et al (2019).

However, there are also certain flip sides or the shortcomings of Thomas Kilmann model. It has a forced choice question format which doesn’t allow the users to opt for ‘neither’ option. They are compulsorily required to opt for an option even though they may not be using either of the option in reality. The model also fails to take into consideration the cultural aspect. For example a person’s response to the same conflict with the boss and to an elder in the family will be different. Another common issue that most self report models face is the social desirability bias. People sometimes tend to report their answers wrongly in order to be seen in a certain way, thereby affecting the true results.

It is also important to look at the situational contexts that are causing or worsening the conflict. It may not always be the individual who is at fault but the organization.(Dattner, 2014) Like in the case of Peter’s scenario, hiring staff that is not well versed with their duties like using the hoist are bound to mess it up, causing the recipient to feel distrubed. Therefore, just assessing the personality of a person may not provide accurate results. It is also important for the organization to aptly value the staff that they are hiring and develop conflict resolution systems wherein managers which seek their opinion and do not undermine their authority in practice. (Faragher, 2015; Stanford, 2005)

The phenomenon of conflict is quite well known to a lot of people. It is the disagreement that results between two parties due to a difference in opinion, attitude or an ideology. If not resolved properly or addressed as required, it can have far reaching consequences which may result in hampering the productivity, creativity and the psychological well being of an individual or a group. (Balandzio, 2010)

In layman terms, Advocacy refers to gaining public support for a particular cause, policy or even an ideology. It helps support and empower people to understand and express their views. It enables them to give a voice to their opinion in the different contexts that they have to deal with. (Age, 2019) Conflict advocacy refers to the different approaches and strategies which are used to resolve the conflicting situation. These strategies are devised in a way to minimize the violence and achieve the desired change for the beneficiaries involved.

The first step or strategy to resolving a conflict is to establish the relevant and reliable facts. It is not very difficult for a conflicting situation to escalate to more conflicts and tangle to establishing other complicated situations involving spreading of rumors or establishing of stereotypes. Therefore, it is important to first take a thorough check into the reliability of the information available. Local advocacy service like Catholic Agency for Overseas Development rely on civil society networks to gather and spread reliable information to combat rumor and prejudice.(Cafod.org.uk, 2019) To resolve the example given, the first step Sean could take is to assess whether the conflict has any sound basis. He can check whether there are any loopholes or discrepancies in the information provided by the elderly clients, the care staff and the information reported by the family members. From this, he can filter out the relevant information and check how reliable it is. This step will help filter out the intensity and the reliability of the conflict.

Another important step is to analyze the people in position of power and the stakeholders who have the ability to influence the conflict. The main stakeholders can be determined once the relevant facts are placed in order. (The Open University, 2017) The stakeholders in the example given are family members and elderly clients against the care staff. It is necessary to analyze the capacity of the influence of all given parties to prevent exertion of violence or bullying by the beneficiaries. A deeper understanding of what shapes their attitudes, beliefs or motivations for the actions may help resolve the conflict in a more healthy manner. There is a good chance that the conflict between the elderly clients and the caretakers result due to a discrepancy in the ideology due to the generation gap. However, since the elderly are the clients, it may be a motto of ‘We care Nursing Home’ to be of service selflessly. Thus, analyzing the different stakeholders in a given conflict may help clarify the purpose and the nature of the conflict. It may also be the case that the elderly clients demand unreasonable service that the care staff is unable to provide, resulting in conflict.

Therefore, a thorough understanding of the stakeholders and their engagement helps reduce the influence of plausible tyranny resulting from unfair ideology of the powerful players. (Brauer and Er-rafiy, 2011) Sometimes, certain actors in the community may choose to join forces with the powerful elites like the government to exert more authority. However, a way can be worked around in such situations by empowerment of the other group and by increasing interaction between both the parties. An increase in interaction may help in breaking down any unjust stereotypes and through workshops or community training sessions, attempts can be made to make the parties step into each other’s shoes.

In some cases,or even in the current case of conflict, the underlying root of a certain may be misplaced prejudice or a stereotype that the party has no conscious knowledge of. Getting into a deeper understanding of the situation and cross questioning them might lead to a healthy confrontation which helps define the aim and the vision which will in turn help reach a beneficial conclusion during a conflict. On cross questioning the staff for example, Sean may find certain beliefs that they hold about the elderly which shapes their behavior and approach, but may not necessarily hold true for all the clients.

It is very useful to identify allies and neutral or common grounds on which the conflict can be addressed. Addressing the benefits for both the parties or turning the conflict into a common goal is one of the key signs of successful advocacy. Shared beliefs are key predictors for policy network beliefs. (Weible, 2005) If both the groups are empowered enough to place their opinions in a straightforward manner with the patience to listen to the other side, most of the conflicts can be solved. There are independent local organizations which help empower individuals to develop and express their opinions in a more organized way.

Different national and local services are established to help resolve conflicts in different sectors. According to a book by national academic press, state, municipal governments and NGOS are providing a broad range of social services to prevent family violence and empower individuals who are victims of it. (Violence in Families: Assessing Prevention and Treatment Programs, 1988) They are providing alternate living arrangements, alternate guardian relation, educational programs for those at risk of being abused and they provide intensive care and counselling for those who require it. Therapeutic social intervention like education and counselling helps individuals get back on their feet and earn a living for themselves. This also equips them with enough strength and courage to face the difficulties if they are ever placed in a position of unforeseen risk.

Larger advocacy services like government can provide help on a much larger scale. They may provide for housing services, medical checkups at minimal costs, support household income by creating job opportunities for them and much more.

Another strategy is to identify and rear a local leader. A quality local leadership is known to have one of the strongest influences in effecting change. A charismatic social leader is bound to draw respect and favour of different groups. It is therefore, extremely fruitful to recognize, nurture and support leaders who display the leadership qualities of successfully leading a group. On national level, advocacy and empowerment is promoted through leadership. It is effective in empowering those who can develop faith in the leader and align their vision with his.

It is often said that conflict escalates long before the first guns are fired. Devising proper advocacy and empowerment strategies can help resolve or avoid this conflict. Local and national organizations have developed quite a few strategies for it, which I mentioned in brief above. I have also included my opinions on what a good strategy for resolving conflict could be and what steps it can start from. In conclusion, it is also important that I mention, Advocacy responses need to be flexible and adaptable as the situation requires and calls for. The strategies need to be re- evaluated constantly and upgraded to keep in with the trends/ the rapidly changing situations. Relying on just the existing knowledge bank may stump the required action needed.

References

1. Age, I. (2019). Independent advocacy. [online] Independent Age. Available at: https://www.independentage.org/information/support-care/taking-action/independent-advocacy [Accessed 13 Dec. 2019].
2. Assessments, P., Tests, P. and Assessment, T. (2019). Thomas-Kilmann Conflict Mode Instrument | Psychometrics Canada. [online] Psychometrics Canada. Available at: https://www.psychometrics.com/assessments/thomas-kilmann-conflict-mode/ [Accessed 13 Dec. 2019].
3. Baker, M. (2018). Translation and Conflict. Translation and Conflict.
4. Balandzio, M. (2010). Psychology of conflict. [Blog] Studying Psychology. Available at: http://aadomaityte.blogspot.com/2010/04/psychology-of-conflict.html [Accessed 13 Dec. 2019].
5. Brauer, M. and Er-rafiy, A. (2011). Increasing perceived variability reduces prejudice and discrimination. Journal of Experimental Social Psychology, 47(5), pp.871-881.
6. Cafod.org.uk. (2019). What we do | CAFOD. [online] Available at: https://cafod.org.uk/About-us/What-we-do [Accessed 13 Dec. 2019].
7. Dattner, B. (2014). Most Work Conflicts Aren’t Due to Personality. [Blog] Harvard Business Review. Available at: https://hbr.org/2014/05/most-work-conflicts-arent-due-to-personality [Accessed 13 Dec. 2019].
8. De Dreu CKW, Gelfand MJ (2013) (eds) The Psychology of Conflict and Conflict Management in Organizations. Hove: Psychology Press.
9. Faragher J (2015) Touch the Gary Barlow poster again and I’ll see you in court. People Management; March: 25-29.
10. Jones L et al (2019) Workplace conflict: why it happens and how to manage it. Nursing Times [online]; 115: 3, 26-28.
11. Mayhew, R. (2019). Negative Effects of Conflict Within an Organization. [Blog] https://bizfluent.com/. Available at: https://bizfluent.com/how-does-5407144-employee-motivation-impact-organizational-performance-.html [Accessed 12 Dec. 2019].
12. Stanford N (2005) Organization Design: The Collaborative Approach. Abingdon: Routledge.
13. The Open University (2017). Humanitarian Advocacy.
14. Violence in Families: Assessing Prevention and Treatment Programs. (1988). National research Council, p.pg. 93.
15. Weible, C. (2005). Beliefs and Perceived Influence in a Natural Resource Conflict: An Advocacy Coalition Approach to Policy Networks. Political Research Quarterly, 58(3), pp.461-475.

The corporate sector is way more complex and convoluted than one could imagine, there are so many people of different classes, characters, and personalities, working together under the same roof henceforth a conflict is very much likely to break out between them. Conflict can cause a company/business a lot of damage. Frauds and misrepresentation can also cause conflict between two parties both internally and externally.

Exploitation of position

In the corporate sector, there are many people designated at different posts. Some at a worker level the others at management level, while it is likely that management would use their position for their own gain but in many cases worker were also caught red-handed while they were grinding their own axe for their own benefits at the cost of immeasurable loss to the firm/business in which they are employed. These activities form the basis of major conflicts. For this reason, companies conduct a different employee training programme for mutual benefits of their own and their employees.

Vested Interest

A company has its own values, mission and interests and the employees is bound to work for their achievement, which makes him the fiduciary of the company. But despite being the fiduciary and stakeholder of the company some employees are found to have some sort of vested interests that oppose those of the company. These vested interests can cause different minor and major conflicts between the company and the employee himself. He could get in serious trouble and poses a threat to the company, which can cause loss and damage to the reputation of the business.

Mediation is the key to success

A mediator is an answer to such situations. He could help companies develop a sense of responsibility among the staff of different designations. The mediator builds an environment in which employees and management can understand each other in a more intimate and intuitive way. He conducts many different activities to break the ice and open up employees to new things that can help them understand their rights and duties arising out of their employment.

Causes of a corporate conflict

The person acting as a mediator must know the root cause of the conflict, he should be confident about the decision he takes to resolve the root cause of the conflict. He must know how to handle certain situations as knowing the problem is halfway to the resolution. Therefore it is must that the mediator should study different conflict cases before jumping into one himself, as to get an idea of what he is getting himself into. He should have a clear insight into what is causing the conflict between the employee’s and the company’s interests and focus on its resolution to overcome this situation. He should suggest different compromises that may ease the situation a bit.

Use of emotive language is forbidden

The use of emotive language is forbidden for a mediator as it may make the situation even worse. Flowing in emotions is a common trait of a human being. And sometimes a conflict can arise out of using such language. It may include abusive words and other slang terms not really suitable for an office environment. The mediator must be cool minded and have an iron will to stay within the civil criteria while dealing with a conflict.

Five tips and tricks to resolve a conflict

1. Stay neutral

As a mediator, a person is bound to stay neutral. He shouldn’t have any biased views and opinions. He should not pick any one’s side or act partially. Such a person should stay calm and steady and focus on the problem and not the people involved in the conflict. He should found a common ground for both parties to agree upon. In this way, none of the parties would feel cheated.

2. Focus on the problem

The mediator is advised to focus on the root cause of the conflict. Rather than the people involved in the conflict. Doing so will safeguard the interest of both parties involved in the conflict. Therefore by focusing on the root cause of conflict, the mediator can easily find the resolution of the problem.

3. Find the common ground

As there are at least two parties involved in the conflict and both have their own sets of interests. The mediator is advised to find the common ground for both parties to agree upon. As it will make them realize that a compromise is necessary if they want to make any further progress in this regard. Therefore a common ground should be considered while resolving a conflict.

4. Know the problem

As a mediator, the first mandatory step toward resolving a conflict is to know the problem itself causing the conflict. As knowing the problem is halfway toward its resolution. The mediator should focus on the problems causing the conflict. Doing so will help him acknowledge the situation of the conflict. It will also help him to prepare for the mediation. He is going to commence on the parties of the conflict.

5. Avoid emotive language

The use of emotive language may make the situation even worse. As a mediator, it is crucial for him to avoid such language. He should convince others not to be emotive either. Being emotive would worsen the situation to a point where mediation would not even work. So all the parties involved in a conflict are advised to not use such language.

Conclusion

The employee is advised to maintain a silent behavior while dealing with such a situation and speak while there is really a need to do so. It may limit the use of abusive and emotive language to a bare minimum. Therefore a mediator is recommended to do the same to avoid any further conflict. All in all the mediation of staff is a must-have for any company or business to spread the awareness of what the conflict may cause to the employee and the company and how they may get themself out of such situations.

The number of individual disputes arising from day-to-day workers’ grievances or complaints has been rising across the world (ILO, 2013). Outline the causes and how these disputes can be mitigated in organisations.

This essay will outline the causes of individual disputes and how these disputes can be mitigated in organizations globally. The first part of the essay will seek to outline what causes these disputes which arise from day to day workers’ grievance whereas the second part of the essay will look at how these disputed are lessened. As disputes related to work are a common issue around the world, there will a comparison of how these issues arise and the resolution or prevention put in place. Conflicts at work take many forms which could be individual with a grievance, a problem between a worker and a supervisor or conflict between two co-workers (Fortado, B., 2001). Disputes at work have a higher tendency of making workers less productive and affects the morale of other colleagues (Almost, 2006).

Danielsson et al, 2015, asserts that Conflicts in organizations can be characterised as either affective or substantive conflicts. A further division of workplace conflicts includes intrapersonal conflicts, interpersonal conflicts, within (work) group and between (work) groups. Moderate levels of conflicts are regarded as healthy and dynamic for the work culture as it enhances and promotes innovation. Whether conflicts will have positive or negative outcomes depends on the type of conflict. It has for example been found that both relationship conflicts (problems with the personalities of co-workers) and process conflicts (about assignments of duties or resources) in work teams can be detrimental to performance (Jehn, K.A., 1997). According to Danielsson et al, 2015, Conflict is a normal outcome of human dealings which is very common in every workplace. These conflicts can arise from situations between individuals, groups, or organizations looking at achieving their objectives, and these scenarios are different from one person to the other or one company towards the other. This is because of different behavioural preferences regarding similar issues or ideas, attitudes, values, beliefs and skills.

The predominant explanation for workplace conflicts has been individual, psychological factors, although organizational factors also may generate workplace conflicts. Organizational risk factors can be lack of resources, categorization, role ambiguity, change, poor physical environment, stress and overtime work whereas preventive factors are social support from colleagues and supervisors and career advancement opportunities (Balducci et al, 2012). These factors are related to organizational culture and organizational climate, which portrays the characteristics and features of every organization. The former, organizational climate builds more slowly in comparison to organizational climate that both forms and varies more rapidly (Kacmar & Baron, 1999).

The one most common causes of conflicts at work is Communication failures which can occur due to challenges with the sending or receiving of a message, especially one that concerns complex or emotional matters; this includes language barriers. Emotions such as anger or envy can both bring about and add intensity to a conflict, but this happens when there is no clear communication strategy or the failure to resolve a communication gap. Researchers in this area have always want to know whether agreement or disagreement within the same groups is advantageous or not. It has been proven that while relationship conflicts based on personal and interpersonal clashes is disadvantageous to the group performance and productivity and affects team morale eventually, task conflicts are most often of much benefits to the group as ideas are made known (Jehn, K.A., 1997).

Values systems of employees (i.e., moral and ethical beliefs) guide one’s decisions and actions; should values differ between individuals, conflicts may arise. This mostly stems from differences in personalities and ideas and the value differences normally bring about bullying at work, harassment pay and pay-gap issues, working conditions etc (Craig, et al 2005).

Structure consists of the elements in the external framework constituting an issue such as individual experiences, the physical work environment and resources involved. Disputes resulting from structural issues or organizational settings includes disputes over resources because of over-usage by one group or its distribution, limited workspace for employees, health and safety concerns, change in working conditions, job cuts and increased workload (Mayer, 2010).

In finding the cause of the conflict, management should now have a clearly defined way of resolving which should clearly defined strategy for mitigating against conflicts and these strategies must be followed by an adequate conflict management and prevention (Petković, 2008)

Managers should adopt the strategy of negotiation which is the most common strategy of solving conflicts and it is successful when the interests of opposite sides are partly common and partly different. The negotiation is a process, in which involves several tactics including face–to-face tactic, persuading tactic, deceitfulness tactic, threat tactic, promise tactic, and concession tactic. The most important tactic of negotiation style is the concession tactic which makes it possible to create an atmosphere of good will and readiness for solving the problem. All actors in the conflict count on both sides making a concession (Spaho, 2013)

In resolving conflicts at work globally, there is the strategy of superior goal which is one of the most useful ways of mitigating workplace conflict is to define the goals of the task or the team which will present a goal above individual goals causing the conflict either on the personal or interpersonal level or one that is between two different groups working toward a particular task (Knutson et al,2000)

On other way of resolving disputes at work is the application of Alternative Conflict Resolution by third-party intervention. If a negotiation strategy does not show results, it is recommended to apply the strategy of the third-party intervention. In this situation, management hires an external consultant to solve the problem. The consultant can be a mediator, whose task is to give instruction to sides in conflict on how to solve the problem, or an arbitrator, whose task is to impose a solution. Mediation as compared to court proceedings is a much effective way of resolving conflicts and ensure that the damage done is well controlled because rather than lawyers and judges determining the terms of the dispute resolve, the parties remain in charge of the entire issue (Karjee,2010). A concord is achieved only if it is acceptable to both sides. However, research shows that the strategy is least used as the other two strategies must be under control of first line managers, because it is their task to solve conflicts. If they cannot, or do not want to solve the conflict, this must be done by upper-level managers. And most of these third-party resolution styles will involve Integrating, Obliging, Dominating etc (Regan, 2002).

REFERENCES

1. Almost, J., 2006. Conflict within nursing work environments: concept analysis. Journal of advanced nursing, 53(4), pp.444-453.
2. Danielsson, C.B., Bodin, L., Wulff, C., Theorell, T., Arkitektur, KTH & Skolan för arkitektur och samhällsbyggnad (ABE) 2015, ‘The relation between office type and workplace conflict: A gender and noise perspective’, Journal of Environmental Psychology, vol. 42, pp. 161-171
3. Fortado, B., 2001. The metamorphosis of workplace conflict. Human relations, 54(9), pp.1189-1221.
4. Jehn, K.A., 1997. A qualitative analysis of conflict types and dimensions in organizational groups. Administrative science quarterly, pp.530-557.
5. Balducci, C., Cecchin, M. and Fraccaroli, F., 2012. The impact of role stressors on workplace bullying in both victims and perpetrators, controlling for personal vulnerability factors: A longitudinal analysis. Work & Stress, 26(3), pp.195-212.
6. Kacmar, K.M. and Baron, R.A., 1999. Organizational politics. Research in human resources management, pp.1-39.
7. Spaho, K., 2013. Organizational communication and conflict management. Management-Journal of Contemporary Management Issues, 18(1), pp.103-118.
8. Knutson, T.J., Hwang, J.C. and Deng, B.C., 2000. Perception and management of conflict: A comparison of Taiwanese and US business employees. Intercultural Communication Studies, 9(2), pp.1-32.
9. Regan, P.M., 2002. Third-party interventions and the duration of intrastate conflicts. Journal of Conflict Resolution, 46(1), pp.55-73.
10. 1Mayer, B.S., 2010. The dynamics of conflict resolution: A practitioner’s guide. John Wiley & Sons.
11. Karjee, K., 2010. Alternative dispute resolution. Available at SSRN 1533355.

Culture is ideology, beliefs, typifications, and practices of a particular society of people (Sewell 1999)1. Conflict occurs when differing views or beliefs meet each other. Culture and conflict are closely linked and have an impact on identity, relationships and the conflict resolution processes undergone within a dispute (Loode 2001)2. This essay argues that culture negatively impacts on a just outcome of conflict resolution. Firstly, the ability to have an equal opportunity in a case is significantly affected by cultural differences. Secondly, cultural backgrounds contribute to a lack of understanding of court procedure due to generational cultural customs differing from law. Thirdly, the informal nature of dispute resolution processes can lead to a injustst outcome for those of a cultural background due to pressure from overpowering parties.

Cultural differences can significantly impact on the ability of a party to be equal before the law, and have an equal opportunity to present their case . Those from traditional areas who are not familiar with contemporary Australian society may experience problems in clearly understanding the English language as well as complicated evidence presented in court, thus are likely to experience difficulties in giving evidence in courts. Those of different cultural backgrounds, charged with a crime that they have pleaded not guilty to, have to adapt to a system that is different from their own. In an attempt to eliminate some of this inequality in August 2016 a new Koori County Court opened so that Aboriginal and Torres Strait Islander peoples in the Mildura region have access to the sentencing court. This followed the introduction of the hearing of Koori Court matters in Geelong from June 2016, which will be for both Magistrates’ Court and Children’s Court matters. Expanding the Koori court allows greater focus on the over representation of Indigenous and Torres strait islanders in prisons ( McAsey 2005)3. The courts and sentencing legislation amendment act 2012 ( vic) 4created a Melbourne county Koori Court for the sentencing of indigenous offenders in specific circumstances to improve their access to fair and culturally relevant justice. However, despite these revelations there are still significant inequalities in courts and other conflict resolution processes, as Koori courts are specifically targeted to indigenous offenders in specific circumstances and thus not covering all disputes of indigenous Australians. Ultimately maintaining differing cultural understanding of law for indigenous australians in regular conflict resolution and law processes.

Culture can contribute to minimal understanding of the courts processes and procedures as different cultures portray values and beliefs which may conflict with the law (Arai 2006).5 Aboriginal and Torres Strait Islander peoples are a large culture in Australia who have a complex system of law and customs, handed down from generation to generation. Creating a difference between law and their generational customs and beliefs. In a court procedure Aboriginal and Torres Strait Islander peoples may not understand why they have to tell the same story over and over during processes such as examination- in-chief and cross-examination. In an attempt not to offend the authorities, they may think they are required to change their story for each telling. This makes it easier for the barrister to make a witness appear inconsistent. Indigenous witnesses often give their view of the facts honestly during evidence-in-chief, but badly in cross-examination because they do not understand its purpose. This results in Aboriginal and Torres Strait Islanders not being able to fully understand the extent of their legal rights which results in not fully accessing their rights. Therefore creates inequality within the law and disadvantages in cases of Aboriginal and Torres Strait Islander peoples as they appear inconsistent due to their lack of understanding in conflict resolution processes.

In dispute resolution processes such as Mediation and conciliation, stronger parties who are more familiar with the law can appear superior over parties who are less familiar with law. Mediation and conciliation offer a dispute resolution process where the third party simply facilitates discussion and cannot impose a resolution on the parties, unlike other dispute resolution processes such as trials where the judge is able to formulate a fair and just outcome to impose on the disputing parties (Roşu 2012).6 As such those of a different cultural background can potentially be disadvantaged in the dispute resolution process of mediation or conciliation. A party of a different cultural background may not fully understand the complex nature of law, the informal environment of these dispute resolution processes can lead to a larger party who understands the complexities of law to be dominant in facilitation of the resolution, this cultural barrier can lead to those with less knowledge with their rights to agree on a outcome that they are not satisfied with as they feel a need to by the overwhelming pressure placed by the other party, thus leading to an outcome significantly favouring the dominant party. Therefore preventing one to seek an equal outcome in informal conflict resolution processes can greatly impact on justice being achieved.

In conclusion, people of a cultural background who are not familiar with contemporary Australian society can be significantly prevented from fully accessing justice in the conflict resolution due to a minimal knowledge of court procedure created by generational cultural customs differing from Australian law, and the inability to express their rights due to a lack of understanding.

Bibliography

1. Angelica Roşu, ‘Alternative Dispute Resolution – Justice without Trial?’ (2012) EIRP Proceedings, 7(1), 281-284.
2. Bridget McAsey, ‘A Critical Evaluation of the Koori Court Division of the Victorian Magistrates’ Court’ (2005) Deakin Law Review , 10(2), 654-685.
3. Serge Loode, ‘Navigating the uncharted waters of cross-cultural conflict resolution education’ (2011) Conflict Resolution Quarterly, 29(1), 65-84.
4. Tatsushi Arai, ‘When the Waters of Conict and Culture Meet’ (2006) Conict Across Cultures: A Unique Experience of Bridging Differences, 9 9-101.
5. The Courts and Sentencing Legislation Amendment Act 2012 (vic)
6. William Sewell, ‘A Theory of Structure: Duality, Agency, and Transformation’ (1992) American Journal of Sociology, 20.

As nurses, it is paramount that we learn how to deal with conflicts on a daily basis. These conflicts can range from patient care, to being a strong patient advocate. Some conflicts are easily corrected and others take more time and energy away from what should be focused on the patient. Many times these conflicts can take away from patient care, and can ultimately cause harm or some type of neglect to the patient. When a conflict arises we as nurses need to stay on top of the situation so that it does not get out of control. The more we allow conflict to linger, the more danger it can cause. According to Khalid and Fatima, “health care professionals are also vulnerable to conflict as they are faced with pressures while they strive to provide quality care to patients,” (Khalid & Fatima, 2016, p. 122). Many times, conflicts arise from changes that take place in the departments.

The most recent conflict we have experienced on our med-surge floor is that the chlorhexidine baths are not being given nightly to patients. On a nightly basis all patients that are going to have a procedure are to receive chlorhexidine baths to prevent infections. This job is a job that has been delegated to the CNA’s (certified nursing assistants). We have been battling this issue for months now. Many conversations have been had in regards to performance issues, as well as the importance of these baths. At the beginning of my shifts I approach the CAN’s and let them know which patients need to have these baths done, and every shift it seems I have to constantly stay on the CAN’s to complete the tasks. There have been times where certain CNA’s has told me that the bath was done, and it had not been or even that the patient refused. Being that this is a delegated job it is my responsibility to follow up to make sure that the tasks are completed. Many times, when I have spoken to the patients the patients informed me that they were never approached about having a bath. Finkelman wrote, “effective resolution of conflict requires an understanding of the cause of the conflict; however, some conflicts may have more than one cause,” (Finkelman, 2016, p. 325). When we consistently have to deal with this not being taken care of on a daily basis then it is obvious that this conflict is far from being resolved.

This conflict is considered a manifest conflict. Staff knowingly realizes that there is an issue, but policy is consistently being ignored. There are four stages of a conflict as described in Leadership and Management for Nurses; latent, perceived, felt, and manifest. Conflicts begin in the latent stage. The latent stage is where we anticipate the beginning of a conflict. It would be great if all conflicts never went past the latent stage. In this stage we can hopefully address the conflict head on and prevent it from further escalating. The next stage of conflict is called the perceived conflict. In this stage we are aware there is an issue and we can start working towards how this conflict can be resolved. Next is the felt conflict. In the felt conflict we start to have emotional connections towards the conflict. These can be in the form of anger and or anxiety. At this stage our emotional connection can hinder the process of resolving the conflict. The final stage is the manifest conflict. This is the stage that can cause destruction or even harm. Unfortunately this is the stage that our current conflict of the chlorhexidine baths are located.

Since the conflict on our floor has escalated to this point, we are now approaching the baths in a different way. Instead of just telling the CNA’s which patients needs these baths we now make rounds with our CNA’s at the beginning of the shift to discuss the plan of care together with the patients. This not only lets patients know about the nightly baths, but this also allows the nurses to educate the patients about the importance of the chlorhexidine baths. Management has felt that this can solve the problems that we have been facing. This also makes the CNA’s fully aware of their responsibilities for that shift. While we have been practicing these rounds for a few weeks now, we are still experiencing issues with certain staff.

Jernigan, Beggs, and Kohut wrote, “nurses are on the front line in health care and are viewed as the linking pin between the health care establishment and individual patients,” (Jernigan, Beggs, & Kohut, 2016, p. 113). Being that nurses are with the patients 24 hours a day it is important that the nurses are involved in the daily practices and have input on decision making that affects the care of our patients. Delegation will always be a part of our jobs as nurses we face many conflicts and we must use our skills to approach these issues correctly for the safety of our patients. Management of conflict can also be defined as team building. We may not always agree on how things should be done, but we need to learn to listen to one another and work together to come up with the best solution for our patients and their safety.

Gardner writes, “the focus on benefits of collaboration could lead one to think that collaboration is a favorite approach to providing patient care, leading organizations, educating future health professionals, and conducting health care research,” (Gardner, 2005, para. 2). Collaboration may not be a favorite approach to all, but it can provide good communication with the team to help provide the best possible care to our patients. As nurses, we are all working towards the same goal; providing the best possible care to our patients.

Collaboration does not always come easy it takes practice. It is like the old saying, “practice makes perfect.” Being in the healthcare industry we are always collaborating in one way or another. Our biggest collaboration comes with our patients. We need to collaborate with the healthcare team to come up with a multidisciplinary plan of care for our patients to provide the best possible outcomes available. Working together as a team for our patients utilizes the individual skills and knowledge of each person. As nurses we are with the patients 24 hours a day, so the physicians rely on us to inform them of the patients’ status. If a patient develops an infection due to the chlorhexidine baths not being given, or a patient that cannot turn on their own not being turned every two hours; then those healthcare associated infections are a result of our neglect. Not only will we now have to treat those healthcare associated infections, but we are treating them without getting paid by the insurance company. That unnecessary money we spend out of pocket could have been used elsewhere to add more equipment or even more staff to lower patient to nurse ratios.

I am a firm believer in the need to collaborate with the nurse leaders and managers in the hopes to have a floor that runs smoothly as well as to make all the difference in the patients’ outcome while on our floor. Being on a med-surge floor we get all kind of illnesses the last thing we want to do is to make matters worse for our patients and maybe extend their stay. Many times we are confronted with ethical dilemmas that we know we need to handle because it could eventually cause major problems for our patients. This is where it is imperative that we collaborate with our nurse leaders or managers.

Being that I work night shift, there are many times that I do not have face to face contact with my nurse manager. Since there are issues we are facing with certain staff I find it important to keep in contact with my nurse leader and manager through email the majority of the time. If I feel the issue needs immediate attention I do know that I can contact my nurse manager at any time day or night. She is always open for communication.

With the current issue we have been facing I have had to have more contact with my nurse manager more than normal. We have mostly been communicating through text messages and phone calls when I am on my drive home in the mornings and she is on her drive into work. Communicating on our drives have worked great for us because it has allowed us to talk things through without any distractions. This is actually how we came to utilizing a bedside shift report with the CNA’s. While speaking with her one morning we were discussing how she thought I felt that bedside shift report was going with the prior shift since this was something new, we had recently started. After we finished discussing that we started discussing the issues that we were facing on a nightly basis. Being that we have tried multiple things to fix the problem as in checklists, timed assignments, and etc., I just happened to mention trying something like the bedside shift report with the CNA’s. She thought it was a good idea and decided to discuss it with the other staff to get their input, and after about a week we started utilizing this every shift. So far the issues have decreased.

No matter what position we hold we will always have to deal with conflict in one way or another. As a nurse we need to have the confidence that we can handle the situation or at least know what avenues are available to help resolve the conflict. The end goal should always be the same, and that is to provide the best possible care available to our patients while keeping them safe for unnecessary harms. As mentioned in the beginning, the more we allow conflict to linger the more danger it can cause.

References

1. Finkelman, A. (2016). Leadership and management for nurses: Core competencies for quality care (3 ed.).
2. Gardner, D. (January 31, 2005). “Ten Lessons in Collaboration”. OJIN: The Online Journal of Issues in Nursing. Vol. 10 No1, Manuscript 1. http://ojin.nursingworld.org/mainmenucategories/anamarketplace/anaperiodicals/ojin/tableofcontents/volume102005/no1jan05/tpc26_116008.html
3. Jernigan, E., Beggs, J., & Kohut, G. (2016). An Examination of Nurses’ Work Environment and Organizational Commitment. Journal of Organizational Culture, Communications and Conflict, 20:1, 112-131.
4. Khalid, S., & Fatima, I. (2016). Conflict Types and Conflict Management Styles in Public and Private Hospitals. Pakistan Armed Forces Medical Journal. , 66, 122-126.

Chapter 20: Change and Conflict

This chapter focuses on change and how it leads to conflict. The three psychological components of the change process that determine the course of conflict among different groups are motivation, commitment, and the dynamics of change as a process (Deutsch, Peter & Eric, 2006). In any system that has conflict training, it is necessary to allow further theorizing and empirical research as they relate to conflict resolution and change.

In order to understand a system’s conflict-handling skills, different ideas can be applied to generating commitment that can propel the organization towards achieving a peaceful working atmosphere (Deutsch, Peter & Eric, 2006). The change agent is required to create opportunities for members of the system. This would allow them to take part in planning and organizing how their skills are to be strengthened. The change agent might be any character in the company which identifies the need to modify some aspects of the organization. For the person to succeed in driving the change plan to other members, it is recommended that he reduce intergroup conflict. He must also engage all members to avoid a sense of neglect among other members.

Another way of gaining commitment from other members is through creating some element of free choice. Members have to be allowed to choose the level at which they feel comfortable to examine the change in the organization. This would help avoid making them feel like they are in a position by force and consider the atmosphere more irritating to work in (Claxton, 1998).

Therefore, to reduce resistance and generate commitment, it is necessary to remind people about their choices. The change agent should not force or mandate people to participate if they do not want to participate in an effort to strengthen their conflict skills. The reason is to avoid increased resistance and compliance.

Chapter 22: Learning through Reflection

A reflection is a form of philosophical, mental consciousness that is focused on an issue (Deutsch, Peter & Eric, 2006). The issue here can be a problem or task ahead that requires deep thinking and individual judgment in an attempt to find a solution. It is a process that originates from a vivid look at a situation, taking the time to ponder over it, drawing lessons from it and applying the knowledge in handling future, related problems (Deutsch, Peter & Eric, 2006).

For an individual to address conflicts in the society, he has to put in a learning review that provides related structures necessary to assist in meditation. People’s understanding of a situation can be improved by different learning reviews; the issues at hand might be outcomes, goals, and contextual factors that influence the way they look at the situation (Claxton, 1999).

Facilitators help people gain skills by identifying different ways of carrying out such learning reviews. They reflect on both the cognitive and non-cognitive dimensions of the conflict. The problem may arise without anyone expecting, but the impact created by surprise is greater and more challenging to deal with (Deutsch, Peter & Eric, 2006). Facilitators, therefore, draw lessons from experience and build their skills to enable them to address conflict at such moments.

There is an expression of Action Science specialist who helps people to understand defensive signals that cause people to reject the phenomenon. It creates a self-defeating prophecy apart from being self-fulfilling. The facilitator has to realize that it takes a process to identify and respond to such feelings (Boud, 1998). It is necessary to note that the status of the individual in the environment affects his interactions and knowledge of how the emotions may be a limitation on reflection-in-action in the course of a conflict.

References

Boud, D. & Walker, D. (1998).Promoting reflection in professional courses: The challenge of context. Studies in Higher Education, vol. 23, issue 2, pp.191- 206.

Claxton, G (1999). Wise up: The challenge of lifelong learning. London: Bloomsbury.

Deutsch, M., Peter T. C. & Eric C. M. (eds) (2006). The handbook of conflict resolution: Theory and practice. San Francisco: Jossey-Bass Publishers.