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Level 2
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Outcome: Alignment of Policies and Processes
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Outcome: Additional options/mechanisms
for managing human rights issues are explored and tested.
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Indicator 11a): Options providing
for the prevention, management and resolution of human rights issues are designed/introduced.
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Possible Measures and Data Sources:
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Proposal to develop interest-based
dispute resolution system.
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Pilot of early resolution process
(e.g. ICMS, ADR).
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Record of interest-based options
in an informal conflict management system.
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Record of discussions of discrimination
prevention.
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Indicator Description
The words “interest-based system” describe a method
of cooperative problem solving based on the work of Roger Fisher, William Ury, and
others. In cooperative problem solving, people work side by side to resolve their
conflicts. Rather than negotiating from opposing positions, problems are identified
in terms of interests rather than positions or rights, and solutions are sought
for in a collaborative manner rather than using an adversarial approach such as
litigation.
A key concept in collaborative problem solving is
working with interests. An interest is the underlying need or concern that a person
is attempting to have satisfied. It is the concern that is motivating someone to
seek a solution. A word that describes one possible solution to fulfill that need
or concern is a position. When parties move beyond the position to meet the needs
and concerns, they create an opportunity to explore a variety of options that may
not have been previously examined. By expanding the alternatives in this way, it
is far more likely to be able to move beyond agreements that are marginally sufficient,
to agreements that maximize solutions, meet more of everyone’s needs and are win-win
rather than win-lose. This process has the potential to create greater substantive,
procedural, and psychological satisfaction.
Interest based systems have been developed by organizations
to offer a collaborative problem-solving approach in order to prevent, manage and
resolve conflict internally or with external stakeholders. These systems generally
offer a variety of structured options that provide for an interest based analysis
rather than a decision from a third party, and include such techniques as negotiation,
mediation, facilitation, and conciliation, among others. There are a certain number
of assumptions that underlie interest-based systems:
“In interest-based, mutual gain, collaborative,
or win/win negotiations, the qualities each side really cares about are not lost
in the quantities each side is fighting to achieve. Instead of viewing financial
success as a limited quantity to be divided in a win/lose fashion, it becomes an
unlimited quality to be shared based on consensus and win/win goals.
The unstated assumption of interest-based processes
such as mediation, collaborative negotiation, and teamwork is that sharing power
and rights automatically increases participation, responsibility, competency, partnership,
motivation, and effectiveness. The true goal of mediation, though often unstated,
is to achieve these outcomes on an individual-by-individual, conflict-by-conflict
basis.”
The Canadian federal government has embraced collaborative
problem-solving processes by making it mandatory for all departments and agencies
to have in place an Informal Conflict Management System (ICMS). An ICMS incorporates
many of the features that characterize interest-based systems, such as allowing
employees to move from formal processes (grievances) to informal recourse options.
Other characteristics of an ICMS include: corporate commitment, structures that
support implementation and institutionalization, internal capacity building, and
daily practices that encourage a front-end approach to conflict management. The
intention is to have departments move towards prevention and better management of
conflict by appointing an ICMS officer who will report right to the top.
Suggested Approach
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As described above, interest-based
problem solving emphasizes understanding each other’s values, rather than focusing
on the positions or solutions. It means putting an emphasis on interests, rather
than on rights or power-based solutions, arranging these from low to high cost,
and providing the motivation, skills, and resources to make them work.
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The difference between interests
and positions is crucial to the creation of workable agreements. Why an issue is
important allows others to contribute to the development of a solution. When all
parties value and respect the interests, there is a greater chance that a variety
of solutions will be developed. The concept of interests helps identify what part
of the solution is important to each party.
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A dispute resolution procedure may include:
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Other possible elements could be:
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- Appropriate negotiation
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- Predictors of conflict
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- Ombudsperson
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- Preventative measures
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- Organizational referral
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- Safety nets
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- Assistance points
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- Outlets for expressing differences
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- Process Facilitator
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- Procedures for resolution
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- Customized Options
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- Methods for making them useful
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- Mixed Panels of Stakeholders
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- Mediation
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- Neutral Evaluation
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- Arbitration
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When designing conflict resolution systems for large
organizations, the processes most successful in bringing disputes to resolution
include:
|
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- Informal problem solving
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- Peer coaching and advocacy
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- Peer mediation and coaching
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- Peer review board
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- Organizational learning
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- Coordination and training
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- Professional mediation and arbitration
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The idea is to move the parties who are in conflict
toward interest-based systems, such as mediation, for resolution. One of the advantages
is that this will allow for win/win outcomes and encourage consultation before,
facilitation during and feedback after every conflict. In most organizations, this
means:
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-Initiating a “conflict audit” to assess the chronic
sources of conflict in the organization.
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-Identifying from the organization’s culture the
metaphors for conflict and informal mechanisms already in place for resolving it.
|
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-Analyzing the systemic causes of conflict and their
connections to organizational structure, decision-making, communication, vision,
culture, organizational design, values, morale, and staffing.
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-Expanding internally the number and type of resolution
options.
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-Continuously improving the quality of the system.
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-Shifting the paradigmatic thinking patterns that
block use of these new procedures.
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When using an interest-based system in your conflict resolution process, here is
an example of steps that can be followed:
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- Pre-problem solving
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- Criteria Development
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- Problem definition
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- Generating Alternatives
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- Products of the Process
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- Decision Making
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- Analysis
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- Follow-up
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In conclusion, when interests are used as a basis
for problem solving, there can be a compromise reached that takes into account every
interest. This enables two or more parties to search for common solutions while
maintaining their own values and interests. This process secures long-term satisfaction,
workable agreements, and improved results.
Promising Practices
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Integrate conflict resolution skills
modeled on interest-based systems into your managers’
job competencies and offer training to senior leadership as needed.
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Share information on interest-based systems
on your organization’s intranet system and make
it part of your organizational learning culture.
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Organize speaking events
within your organization for professional mediators
and arbitrators who incorporate interest-based principles in their work.
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Ensure that interest-based principles
are adopted by your resolution services division
as part of its alternative dispute resolution process.
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Create a peer-based system,
such as peer coaching, peer mediation, and a peer
review board that will allow participants to apply interest-based principles to
cases.
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Establish procedural agreements
(ground rules) when using interest-based systems.
Useful links and tools
Canadian Human Rights Commission
www.chrc-ccdp.gc.ca
Employment Equity Act
http://laws-lois.justice.gc.ca/eng/acts/E-5.401/page-1.html
Canadian Human Rights Act
http://laws-lois.justice.gc.ca/eng/acts/h-6/page-1.html
Interest-based problem solving process and techniques
- WREP 134. Partnerships in Education and Research. Web, Gray, Kelsey
http://cru.cahe.wsu.edu/CEPublications/wrep0134e/wrep0134.html
Getting to know Informal Conflict Management
Systems Better - Treasury Board of Canada
Secretariat
www.tbs-sct.gc.ca/gui/conflplus-eng.asp
Are your organization’s conflict management
practices an Integrated Conflict Management System?
Mediate.com,
Lynch, Jennifer 2003
www.mediate.com//articles/systemsedit3.cfm
Does your organization need a system?
Mediate.com,
Lynch, Jennifer www.mediate.com//articles/systemsedit2.cfm
First Component of an Integrated Conflict Management
System: Dispute Resolution Models -
Mediate.com, Lynch, Jennifer, 2003. http://www.mediate.com//articles/systemsedit4.cfm
Innovations in Integrated Conflict Management
System: Dispute Resolution Models -
Mediate.com,
Lynch, Jennifer, 2004
http://www.mediate.com//articles/systemsedit5.cfm
New Conflict Management Systems Section
- Mediate.com,
Lynch, Jennifer
http://www.mediate.com//articles/systemsedit1.cfm
For citations:
Harris, Robert. “Citing Web Sources MLA Style.”
Virtual Salt. 15 Jan. 2009
References
Cloke, Kenneth, and Joan Goldsmith. “Conflict Resolution
That Reaps Great Rewards.” Journal for
Quality & Participation 23, no.
3: 27. 2000. Business Source Premier,
EBSCOhost. Web
Cloke, Kenneth. “Mediating Dangerously: The Frontiers
of Conflict Resolution.” San Francisco: San Francisco Jossey Bass, 2001.
Net Library.
Web
Kandola, Pearn. “Managing Diversity.” Chartered
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Keating, Colma. “Facilitation toolkit: A practical
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Protection, 2003. Print.
Mason-Draffen, Carrie. “151 quick ideas to deal
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National Food Service Management Institute and the
Steritech Group Inc. “Dealing with Difficult People and Situations.” University
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Whitear, Greg, and Geoff Ribbens. “Handling Difficult
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