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Conflict Management E-Newsletter
January 2003 #36
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Contents:
1. Articles
2. Emotions and Conflict: A Selected Bibliography
3. SHRM Survey: What Do Workers Value?
4. Training Announcements
5. Court Rejects Discrimination Investigation Stress Claim
6. Powerpoint Lesson: Dispute Systems Design
7. Quotes
8. New Book: Negotiation: Communication for Diverse Settings
9. University of Iowa Operations Manual: Conflict Management
Resources
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1. Articles
Risky Conflict Resolution
By Kenneth Cloke and Joan Goldsmith
Taking a risky approach to conflict resolution allows both
sides to discover newer and deeper levels of understanding,
improve their skills and relationships and find better
solutions than either side thought possible. For these reasons,
conflict is a valuable personal and organizational resource
and a powerful source of learning, development and growth.
Conversations With Phineas Gage: A Neuroscientific
Approach to Negotiation Strategies
By Edward R. Ergenzinger, Jr.
Using both old and new research in the areas of psychology
and neuroscience, this paper examines how these insights can
be used for strategic advantage in negotiations. Ultimately,
these findings will demonstrate that what we perceive as
rational thought cannot exist independently of the
vagaries of the heart.
Considerations for Mediating with People Who Are Culturally Deaf
By CADRE
Like other linguistic minority groups who experience
and resolve conflict in a manner consistent with
their social and communicative norms Deaf people
have some unique perspectives. The following article
illuminates some of these perspectives and explains how
mediators can address these differences when working
with Deaf people, in order to make mediation a more
linguistically and culturally respectful and responsive
endeavor.
Leadership in Transition
By Beata Lewis
In a world characterized by high-speed change, increasing complexity
and chaos, leaders need to learn new skills and practices on the fly
--things rarely taught in professional business degree programs.
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2. Emotions and Conflict: A Selected Bibliography
By Catherine Morris
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3. SHRM Survey: What Do Workers Value? Depends Who You Ask
Alexandria, VA, December 4, 2002 What do workers say will make them
happy? A survey by USATODAY.com and the Society for Human Resource
Management (SHRM) recently addressed this question and found the
answer varies depending on whom you ask.
Employees say job security is very important to their satisfaction
levels. The top three aspects that are very important to worker
satisfaction:
1. Job Security (65%)
2. Benefits (64%)
3. Communication between employees and management (62%)
But what do HR professionals think workers need to be satisfied on
the job? HR professionals ranked the following as very important to
workers happiness:
1. Communication between employees and management (77%)
2. Recognition by management (62%)
3. Relationship with immediate supervisor (61%)
Considering the differences in responses, the question raised is
whether HR professionals are in tune with employees. The survey
indicates that HR professionals believe employees place a
significant emphasis on workplace relationships. Employees,
however, are focused more toward the tangible items like benefits
and job security, possibly due to the current economic
challenges.
Opinions also differed by employees age and gender. Workers age 35
and younger rated communication and work/life balance as equally
important (66%), while older workers age 35 to 55 ranked job
security first (71%). Women ranked flexibility to balance life and
work issues (72%) and communication (71%) as their top concerns,
while men placed benefits (62%) and job security (61%) as their
highest priorities.
The study surveyed more than 1,000 workers and human resource
professionals during September, 2002. HR professionals were randomly
selected from SHRMÃ’s member database and worker opinions were
solicited via a survey placed on USATODAY.com. For a full copy of
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4. Training Announcements
4.1 Mediating From the Heart:
Conflict as a Spiritual Path and a Means of
Personal, Organizational and Social Change
An Advanced Workshop for Mediators with Kenneth Cloke
January 24 and 25, 2003, Santa Monica, CA
$250 per day for a total of $500
Registrants may sign up for single or both days.
This workshop explores the conflict stories and experiences
of participants. It uses exercises to deepen awareness of the
meaning and value of conflicts in our lives. It presents techniques
for mediating from the heart, encouraging openness, communication,
forgiveness and reconciliation, and finding
empathy in the midst of rage, togetherness in the midst of
separation, and celebration in the midst of failure. It focuses
on dangerous conflict resolution techniques that assist participants
in revitalizing their personal, family and work lives by recognizing
the transformational and transcendent power of conflict.
It explores the frontiers and limits of conflict resolution,
including the internal frontiers of spirituality, and the external
frontiers of family and organizational systems, politics and
oppressive relationships. It supports each participant in becoming
more skillful in using conflict as a catalyst for personal, family,
organizational and social change.
4.2 Mediation and Conflict Resolution Training
With Ron Kelly
Do you want to successfully resolve
disputes with confidence?
In this widely-acclaimed training you will learn a
step-by-step process for resolving nearly every
kind of business-related dispute.
Trainer is Ron Kelly, winner of six ADR awards,
who brings you the best techniques developed
over fifteen years of mediating.
Five Saturdays - March 1, 6, 20, 27 and April 5.
Cost is $895
Offered by UC Berkeley Continuing Education,
Business and Management Department.
Call Ron Kelly at 510-843-6074
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5.Court Rejects Supervisor's Discrimination Investigation Stress
Claim
A California appeals court has rejected a workers' compensation
stress claim filed by a supervisor who was investigated and found
innocent of workplace discrimination.
Northrop Grumman Corp. (Northrop) employed Robert Graves to
train employees. Graves was accused of discriminating against
an African-American trainee. An investigation included interviews
with employees and review of training documents.
The evidence did not confirm the charge of racial discrimination
but reflected negatively on Graves' performance, including
unreported time away from work, inadequate supervision of trainees,
and disparate treatment of the trainee. Graves was given a
final warning and three-day suspension.
Graves filed a workers' compensation claim, complaining of the
stress caused by the investigation and post-investigation
harassment by his supervisor. The workers' compensation judge
(WCJ) found that Graves had a compensable psychiatric injury
arising out of a false accusation of racial prejudice and subsequent
harassment by his supervisor. He awarded Graves
permanent disability and future medical expenses. The Workers'
Compensation Appeals Board (WCAB) agreed, and Northrop appealed
to the Court of Appeals.
The court rejected the WCAB decision. The court observed that
Labor Code sections 3208.3(a)(3) and 3208.3(h) state that a
psychiatric injury is not compensable if 35 to 40 percent of
all causes of the injury were lawful, nondiscriminatory, good
faith personnel actions. This exception was created to furnish
employers a degree of freedom in making regular and routine
personnel decisions. When presented with a race discrimination
charge, Northrop was obligated by state and federal law to
investigate. The company conducted a lawful, nondiscriminatory,
good faith personnel action.
The court sent the case back to the WCAB to determine whether
the lawful, nondiscriminatory, good faith personnel action was
less than 35 percent the cause of the injury.
Northrop Grumman Corp. v. Workers' Compensation Appeals Board
(Ca. App. 2nd Dist., November 21, 2002) No. B157612
Source: Cal Chamber of Commerce
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6. Powerpoint Lesson: Dispute Systems Design
Slides:
1. Conflict Management As A System
2. The Evolution Of Resolution
3. Entry And Contracting
4. Organization Assessment
5. Evaluation
6. Types Of Evaluation
7. Adr Spectrum
8. Six Types Of Adr
9. Training And Education
10. Implementation
11. Incentives And Rewards
12. Resistance And Constraints
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7. Quotes
"The behavior of others may be a stimulus for our feelings, but not
the cause. We are never angry becuase of what someone else
did...It's not what the other person does, but the images and
interpretations in my own head that produce my anger."
Marshall Rosenberg
"Different people, like different communities, have different
strengths, and that the only thing that works is using our
different strenghts together."
/'Angn!ao/'Un (Kiewiet)
Ju/'Hoan San Community Member
"Not communicating is the same as wrongdoing."
N!ani Kxao
Ju/'Hoan San Community Member
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8. New Book
Negotiation: Communication for Diverse Settings
By Michael Spangle & Myra Isenhart
Sage Publishers
Negotiation: Communication for Diverse Settings provides the
reader with a comprehensive overview of the negotiation
process as it applies to a wide variety of contexts. Skillfully
weaving practitioner interviews and real world examples
throughout the book, Michael Spangle & Myra Isenhart
emphasize the day to day relevance of negotiation skill. The
authors provide knowledge vital to successful negotiation in a
variety of situations, including interpersonal relations, the
workplace, consumer settings, community relations, and
international affairs.Discussions of moral and ethical dilemmas
will undoubtedly prove useful to novice and seasoned
negotiators alike.
For more information on the book email: misenhar@du.edu
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9. University of Iowa Operations Manual: Conflict Management
Resources
In order to maintain and promote a fair and productive work
environment for all University staff, the University encourages the
active resolution of workplace conflicts. Staff members and
supervisors are encouraged to maintain and utilize open
communications to promote and maintain a civil
and humane workplace. The University also provides a variety of
mechanisms to facilitate the management and constructive resolution
of conflict situations involving staff when workplace conflicts
occur.
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10. Feedback and Subscriptions welcome
If you have any suggestions, tips, or other comments,
send an e-mail to johnford@mediate.com.
New subscriptions are welcome. Forward this to a
friend or colleague.
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