Conflict Management & Dispute Resolution Report

profileLinda111
W19.27.pdf

1

Conflict Management and

Dispute Resolution

Peter Fenn

Twitter peterfenn99 #MACE 66061

Facebook peter.fenn

[email protected]

Don’t assume you know the answer

[email protected]

I ♥ U

[email protected]

Best Thing About Manchester

• The University?

• The Football?

• The Shopping?

• The Nightlife?

• Peter Fenn?

Best Thing About Manchester

• Just 30 miles away from Liverpool

3 Points

• This is an introduction

– Conflict and or Dispute

– Peter Fenn and the course

• The topics

• Coursework

• Modes of delivery

– Discussion threads

– PM or IPM?

[email protected] 6

1 2

3 4

5 6

2

Disputes

• 孫子兵法 The Art of War

• Paul Klee Dispute

How many countries?

• I say 10

• Fill in the google document at

https://docs.google.com/document/d/1jm0z

7nW2GYJTM1Mveq_TtbX-

LouqzQDHYIsKgLgmED0/edit

• It’s linked at Blackboard

• I’ll tell next week

[email protected]

IPM or [normal] PM

• Independent Project Manager consultant IPM

Project Manager employee PM

• Half of project managers will be independent

workers by 2020! http://www.projectation.com/half-of-project-

managers-will-be-independent-workers-by-2020/

• Top 4 Reasons to hire an Independent Project

Manager • https://www.pamwarren.co.uk/personal-blog/top-4-reasons-to-hire-an-

independent-project-manager/

• The UK consulting Model

[email protected] 9

Types

of Conflict

Individual

Group

Organization

Type of conflictLevel of conflict

Within and between organizations

Within and between groups

Within and between individuals

The 20 Km high Project

[email protected]

Peter Fenn Introduction

• Chartered Surveyor

• Fellow of Chartered Institute of

Arbitrators

• Mediator

• Adjudicator

• Expert

[email protected]

7 8

9 10

11 12

3

Modes of Delivery

• Lectures Synchronous and Asynchronous via podcast system

– About 1300-1345 then a break, 1400-1430 then finish tutorial

questions and discussion

• Tutorials

– Exercises via Blackboard

• In weeks 3, 4, 5, 6 and 7 usually 2 exercises

• Exercises remain on blackboard for 14 days [1300hrs on the day of

the lecture until 1300hrs 14 days later] some examples this week NO

MARKS

• Socratic method

• Workbook [link on Bb]

• Weblinks via Bb I make mistakes lots of them

[email protected]

My approach?

I have never in my life learned anything from any

man who agreed with me

Dudley Field Malone http://www.law.umkc.edu/faculty/projects/ftrials/scopes/scopes.htm

Conflict is the gadfly of thought. It stirs us to observation and memory. It instigates to invention. It shocks us out of sheeplike passivity, and sets us at noting and contriving

John Dewey

Mary Parker Follett

[email protected]

The Topics

• Conflict Theory [Conflict Management, Dispute Resolution]

• Comparison of Dispute Resolution Techniques

• Bribery and Corruption

• Negotiation

• Alternative Dispute Resolution via:

• Expert Determination

• Conciliation;

• Dispute Review Boards (Advisors)

• The concepts and principles of Mediation

• Arbitration; International Disputes; Litigation

• Game theory

[email protected]

The Assessment

• 2 hour unseen examination – 70 marks

• Coursework - 30 marks

– One 2000 word report - 20 marks;

– Blackboard exercises [quizzes; discussions and role plays] - 10 marks. Usually there will be 2 exercises per week. The Blackboard exercises are made available to students at the start of each lecture and are closed 14 days later. If you do not complete the Blackboard exercises you will not get any marks.

• Total 100 marks

[email protected]

Module Aim

• To develop a critical understanding of

the factors that influence commercial

conflict and disputes with emphasis on

management and avoidance. In

particular the principles and practice

of dispute resolution via: ADR;

Adjudication; Arbitration and

Litigation.

[email protected]

Learning outcomes

• At the end of this module a student will

– ?

– Have developed a critical understanding of the

factors that influence commercial conflict and

disputes with emphasis on management and

avoidance. In particular the principles and

practice of dispute resolution via: ADR;

Adjudication; Arbitration and Litigation.

[email protected]

13 14

15 16

17 18

4

Module texts

Recommended for purchase:

Fisher and Ury (1999), Getting to Yes ISBN 0- 09-924842-5.

Useful texts: The Art of War 孫子兵法 Sun Tzu ISBN

9781599869773 Axelrod, R (1984) The Evolution of Cooperation ISBN

0140124950

Brown, H and Marriot A. (1999) ADR Principles and Practice ISBN0421462604

[email protected]

Conflict

Dispute

Avoidance

Negotiation

ADR; ADJ; ARB; Litigation; Beyond

Conflict Continuum

[email protected]

Beyond?

• Wider Conflict [and violence]

• The Manchester Bomb

[email protected]

Blackboard Exercise

• 2 discussion threads in weeks 3, 4, 5, 6 and

7

– Some threads this week as a practice exercise

[not assessed]

• 1 Exciting competition

[email protected]

Weblinks

• Conflict Theory

• Dudley Field Malone

• Kurt Jones

• UK Government's approach

– Disputes are time consuming, expensive and unpleasant. They can destroy client/supplier relationships which have been painstakingly built up over long periods of time. Disputes can add substantially to the cost of a project even making a project unsuccessful, unfeasible or nullifying any benefits

• Socratic Method

• Manchester Bomb

• 20 Km high project [email protected]

Questions for survey on the

Mentimeter

• Do you agree that [in your country/industry]

conflict and dispute are inevitable

• To think about: this is: 1. A good thing;

2. A bad thing

• What are the causes of conflict [in your

country/industry]

[email protected]

19 20

21 22

23 24

5

Blackboard Discussion threads

• At the discussion board post a brief note

[<100 words] Conflict and Dispute are

inevitable on Projects/ in PM?

• At the discussion board post a brief note

[<100 words] explaining your opinion on

the causes of Conflict and Dispute

[email protected]

Next week

• Conflict theory students to consider – History via

http://web.grinnell.edu/courses/soc/s00/soc111-

01/IntroTheories/Conflict.html

– Commercial Conflict via?

• Does conflict theory apply to PM?

• UK Government’s approach via: OGC

document Dispute Resolution Guidance in

Week 2 folder

[email protected]

Conflict Management and

Dispute Resolution

Peter Fenn

It’s a dolphin not a shark

[email protected]

25 26

27