Conflict Management & Dispute Resolution Report
Linda111
W210.4.pdf
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Introduction and Conflict Theory
Week #3 2022/23
2021 King Alfred Way Winchester
to Avebury
2023 Limburg
MSc Management of Projects 2022/23
Optional module: MACE 660061 Conflict Management &
Dispute Resolution: How many countries
• https://docs.google.com/document/d/1jm0z7nW2GYJTM1
Mveq_TtbX-LouqzQDHYIsKgLgmED0/edit
Office of the Independent Adjudicator OIA
• The Higher Education Act 2004 required the
appointment of an independent body to run a
student complaints scheme in England and Wales
and the OIA was chosen to operate this scheme in
2005
• http://www.oiahe.org.uk/
• 24% of all the complaints received by the Office
of the Independent Adjudicator during the last
year were from international students
Introduction and Conflict Theory
• Conflict Theory; Functional and Dysfunctional
Conflict; Task and Relationship Conflict, Types of
Conflict; Conflict continuum
• Conflict Management / Dispute Resolution
• The UK government’s approach
• Game theory
• Blackboard: – 2 discussion threads; weblinks; workbook
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Lecture format
• Spark interest
• Provide references
– Urls [lots]
– Papers [2, but…]
Professional Bodies
• Many homes for Professionals
– The Chartered Institute of Arbitrators
– APM
– The Royal Institution of Chartered Surveyors
– The Law Society
From War-War to Jaw-Jaw
• Wikinomics
– how mass collaboration changes everything
– http://www.wikinomics.com/book
• How people come together to preserve their collective resources
– Nobel Prize 2009
– http://www.guardian.co.uk/science/2009/oct/12 /nobel-economics-prize-elinor-ostrom
The UK Government’s approach
• The Dispute Resolution Commitment
(DRC) requires government departments
and agencies to be proactive in the
management of disputes, and to use
effective, proportionate and appropriate
forms of dispute resolution to avoid
expensive legal costs or court actions. – https://webarchive.nationalarchives.gov.uk/201302060204
41/http://www.justice.gov.uk/courts/mediation/dispute-
resolution-commitment/ [email protected] 10
Two pictures the same city
[email protected] 11 [email protected] 12
What is Conflict
• Conflict is an expressed struggle between at least two interdependent parties who perceive incompatible goals, scarce rewards, and interference from the other parties in achieving their goals.
– Conflict is natural and inevitable. People view conflict as unpleasant.
– Conflict is inevitable. Although it is impossible to eliminate conflict, there are ways to manage it effectively.
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Conflict Theory
• A theory of conflict does exist; it was founded by
Karl Marx. Marx expresses the theory in terms of
a class struggle; the struggle between classes
• One famous definition of economics is that it is a
study of the allocation of scarce resources which
have alternative uses. Conflict theory might be
expressed in a similar way; conflict is inevitable as
organisations seek to redistribute scarce resources.
This is a classic Marxist view.
Conflict and Dispute
• Mary Parker-Follett
• Functional and
Dysfunctional Conflict – http://mpfollett.ning.com/
Functional and Dysfunctional
Conflict
• Functional conflict: works toward the goals of an organization or group
• Dysfunctional conflict: blocks an organization or group from reaching its goals
Functional and
Dysfunctional Conflict
• Functional conflict
– “Constructive Conflict”--Mary Parker Follett
(1925)
• Increases information and ideas
• Encourages innovative thinking
• Unshackles different points of view
• Reduces stagnation
• Is Competition
Functional and
Dysfunctional Conflict
• Dysfunctionally high conflict
– Tension, anxiety, stress
– Drives out low conflict tolerant people
– Reduced trust
– Poor decisions because of withheld or distorted information
– Excessive management focus on the conflict
Functional and
Dysfunctional Conflict
• Dysfunctionally low conflict
– Few new ideas
– Poor decisions from lack of innovation and
information
– Stagnation
– Business as usual
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Types
of Conflict
Individual
Group
Organization
Type of conflictLevel of conflict
Within and between organizations
Within and between groups
Within and between individuals
Inter and Intra Organisational
• Inter between; Intra within
• See – Towards a comprehensive model for the assessment
and management of intraorganisational conflict:
developing the framework Jameson J (1999)
– International Journal of Conflict Management Vol 10
Iss 3 p 268-294
• This module is concerned with Inter
Organisational Conflict and Dispute [email protected] 20
Task and Relationship Conflicts
• Task something that should be done e.g. the design, the
product, the programme
• Relationship something involving people
• Always inter-related e.g. Peter didn’t do the design, did it
late or did it badly – I don’t like Peter
• De Dreu, C. K. W., & Weingart, L. R. (2003). Task
versus relationship conflict, team performance, and
team member satisfaction: A meta-analysis. Journal
of Applied Psychology, 88(4), 741–
749. https://doi.org/10.1037/0021-9010.88.4.741
[email protected] 21 [email protected] 22
Conflict
Dispute
Avoidance
Negotiation
ADR; ADJ; ARB; Litigation; Beyond
Conflict Continuum
Conflict and Dispute
• Conflict can be managed
• Disputes need 3rd party resolvers
• Dispute = dysfunctional conflict
Conflict Management
• Non-binding • PROJECT
MANAGEMENT
– Dispute Review Boards/Dispute Review Advisers
– Negotiation
– Quality Matters TQM QA
– Risk Management
– Procurement Systems
– Partnering
– PROJECT MANAGEMENT
• Binding
• Partnering
• Alliances
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Dispute Review Boards
• The Dispute Resolution Board Foundation
– http://www.drb.org/
• NB FIDIC DAB’s
– International Federation of Consulting
Engineers; Dispute Adjudication Board
• Olympics NEC IDAP
– New Engineering Contract; Independent
Dispute Avoidance Panel
Dispute Review Boards
• three-member DRBs solve disagreements before
they can delay or disrupt projects. The Board is a
panel of three experienced, respected and impartial
reviewers, usually with a construction background
instead of a legal background. Organized prior to
start of construction, the panel is selected mutually
by the project owner and the contractor/supplier
Dispute Review Boards
• Since 1975 used in over $28 billion in projects
worldwide,
• DRB Foundation say 408 construction contracts,
of over 570 disputes, all but 13 were resolved by
the DRB (ten of these on one unique project).
• Parties accept the DRB's recommendation
– their confidence in the panel's technical expertise
– their confidence in the validity and openness of the
process.
Dispute Review Boards
• Hong Kong Airport, $20 B
• Boston Central Artery $22 B
• Washington DC Subway ?$
• Los Angeles MTA Subway,
Dispute Resolution Adviser
• The concept was developed in Hong Kong
by Colin Wall of Commercial, Mediation
and Arbitration Services
• Queen Mary Hospital HK
• http://www.cannonway.com/web/page.php?
page=20
Other Conflict Management
• Project Management
• Quality Matters TQM QA
• Risk Management
• Procurement Systems
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Partnering/Relationship Contracting
• http://www.constructors.com.au/wp-
content/uploads/1999/02/Relationship-Contracting-
Optimising-Project-Outcomes-1999.pdf
• Relationship contracting is a flexible approach
to establish and manage relationships between
clients and contractors and to implement
proven practices and techniques to optimise
project outcomes
• Alliances - Alliancing
Dispute Resolution
• Non-binding
• Conciliation
• Executive Tribunal
• Mediation
• Negotiation
• Binding
• Adjudication
• Arbitration
• Expert Determination
• Litigation
• Negotiation
Dispute Resolution Guidance
Office of Government Commerce
• The OGC is now archived but the document
is available at Blackboard in the week 2
folder
• COMPARISON OF DISPUTE
RESOLUTION
Compare and Contrast Dispute
Resolution • Headings
– Formality
– Speed
– Flexibility
– Cost
– Confidentiality
– Adversarial
– Party Control
– Party Choice
– Creative Solutions
Win Win Lose Lose
• Win Win
• Win Lose
• Lose Win
• Lose Lose
Game Theory
• The science of strategy
• Analysis of fortunes where interdependency
• See internet generally
• See Co-opetition by Nalebuff and
Brandenburger
– http://en.wikipedia.org/wiki/Coopetition
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Win Win or Win Lose
• Gore Vidal: It is not enough to succeed. Others must fail.
• Bernard Baruch: You don’t have to blow
the other fellow’s light to let your own shine.
Economics Nobel Prize 220
• Game theory again
• https://www.theguardian.com/science/2020/
oct/12/us-game-theory-specialists-win-
nobel-prize-in-economics • The economist David Blanchflower, a former Bank of England policymaker,
said the award failed “to reward people for finding things about the real world
rather than for playing economic games. The Nobel prize in economics once
again goes to a couple of old white men who published esoteric mathematical
squiggles years ago that have little or no bearing on the lives of ordinary
people. Their work has nothing to say about improving the condition of the
man or woman on the Clapham omnibus”.
Discussion Threads
• Dispute: Avoidance; Management and Resolution
100 words. Do you agree with the UK
government? Is it: avoid; manage or resolve?
• Is there a difference between conflict and
disputes? What about a differences between
Social Conflict & Dispute and Commercial
Conflict & Dispute?
• State your opinion; not exceeding 100 words
[email protected] 39 [email protected] 40
Report
• Start or beginning
– Literature review
• Middle
– Develop idea/argument
• End
– Reach a conclusion
• Answer the question
How to Disagree
Two Important Books?
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