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Conflict Resolution Mediation Speaking & Training

The ingredients of any conflict.

NYLT_Ken Strongman 05The ingredients of any conflict

All conflicts have similar ingredients.  They may vary in amount but most are present in some way.  

Needs – Needs are physical requirements essential to our well-being. Conflicts arise when we ignore others’ needs, our own needs or the group’s needs. It is important to not to confuse needs with desires.  These are the things we would like to have but are not essential.

Perceptions – All humans interpret reality differently. They perceive differences in the severity, causes and consequences of problems. Misperceptions or differing perceptions may come from: self-perceptions, others’ perceptions, differing perceptions of situations and perceptions of threat.  How something is framed will affect its perception.  So in conflict resolution, reframing is an important task to get to a solution.

Power – How people define and use power is an important influence on the number and types of conflicts that occur. This also influences how conflict is managed. Conflicts can arise when people try to make others change their actions or to gain an unfair advantage.  This is a powerful human motivation.  Everyone wants to establish or reestablish the perception of control.

Values – Values are beliefs or principles we consider to be very important. Serious conflicts arise when people hold incompatible values or when values are not clear. Conflicts also arise when one party refuses to accept the fact that the other party holds something as a value rather than a preference.  To resolve the conflict, clarify each party’s values. 

Feelings and emotions – Many people let their feelings and emotions become a major influence over how they deal with conflict. Conflicts can also occur because people ignore their own or others’ feelings and emotions. Other conflicts occur when feelings and emotions differ over a particular issue.

For an experienced Mediator to help negotiate a resolution to your dispute contact Ken Strongman. Here.

**For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

 

Ken StrongmanAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

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Conflict Resolution Mediation Speaking & Training

What really motivates humans?

Motivates?

What really motivates humans?

Before we get can resolve conflicts, we need to understand what is really going on.   My colleague, James Cawood teaches and consults in major hostage situations.  He teaches that there are only two basic human motivations:  

        Seek Stimulation

        Establish (or Re-establish) Perception of Control

It is somewhat hard to comprehend that there are only two reasons we humans act.  But viewing many of the conflicts that I have helped resolved through mediation, it does become clearer. 

We humans are always seeking stimulation.  We are not a passive group at all.  Conflicts can be generated through or by this motivation to seek stimulation, it is slightly less important that the second motivation.

We all want control over our own lives or at the very least a perception of control.  Historically, this is always the cause of wars.  One group wants to control another group.  We have not completely matured from the past.  Today we at least want the perception of control. 

Team leaders have been given by society real control of the team.  To head off potential conflicts with team members, the team leader must be confident in their position and to help everyone else develop their perception that they, too, are in control of the situation. 

**For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

 

Ken StrongmanAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

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Conflict Resolution Mediation Speaking & Training

What is Conflict?

NYLT_Ken_Strongman 03
Conflict

What is Conflict?

Conflict occurs when people disagree and seem unable to find a solution or a reasonable compromise.  The roots of these disagreements can arise from many sources including differences in personality, values, and perceptions.  As a team leader, you will occasionally need to handle the differences that arise between members of your team. Conflicts may be minor or they may fester into something that can damage team spirit and the ability of the group to work together effectively.

Often it is the lack of team vision of what should happen in a given situation that creates the conflict.  To minimize conflict, the team vision needs to be agreed to before the team can achieve its goals.  If there is a difference, then the team members will never be on the same page.

In team development the Storming stage is ripe for conflict.  That is where this stage gets its name.  Therefore as a leader, you should expect conflict and to be prepared for it while the team moves through this stage of team development.  If the team doesn’t start to resolve their conflicts in this stage, the team will not get to the performing stage and achieve the team vision.

Minor conflicts, if not resolved, can grow to bigger ones.  At the same time, they will damage team spirit.  Therefore it is important to watch out for minor conflicts and create mechanisms to resolve them.

**For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

 NYLT_Ken_Strongman 03

Ken StrongmanAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

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Conflict Resolution Mediation Speaking & Training

A working definition of a Conflict.

NYLT_Ken_Strongman 02 A working definition of a Conflict.

What is a working definition of a Conflict. Conflicts can occur when people disagree with each other and are unable to find a reasonable compromise.  The roots of these disagreements can arise from many sources including differences in personality, values and perceptions.  They also can and often do arise when there is a difference in the goals and visions of the group.

Most conflicts that require mediation occur when there is a difference in the perceived outcome.   Historical arguments have occurred over whether bananas are fruits or vegetables; or, whether the order was for frying chickens or broiling chickens.  Parts are not parts for most people.  Both of these issues had to be resolved by the United States Supreme Court.

In NYLT we teach that as leaders they will need to handle the differences that arise between members of the team they are leading.  Conflicts may be minor or they may fester into something that can damage team spirit and ability to work together effectively.

**For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

 

Ken StrongmanAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

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Conflict Resolution Mediation Speaking & Training

Teaching youth how to resolve conflicts.

Communication skills to resolve conflicts

Teaching youth how to resolve conflicts.

I’m privileged to be an adult staff member for a National Youth Leadership Training (NYLT) course.  It is a very satisfying experience and a lot of fun.  One key topic on the course is how to resolve conflicts as a leader.  This blog is adapted from this course.

Leading the youth through this necessary topic allows me to bring my professional expertise in settling disputes to the more practical issues of conflict resolution.   The course can be applied to any situation as a young person or adult.

The learning objectives of the conflict resolution course are:

  1. Know and articulate several ways that good leadership can minimize conflict.
  2. Understand how the acronym E.A.R.  can be used as a tool for resolving conflicts (Express, Address, Resolve).
  3. Use several communications skills important for resolving conflicts
  4. Know when, as a leader, the resolution of a conflict is beyond your expertise and how to seek help in resolving the conflict.

Ken StrongmanAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

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Arbritration Mediation

Arbitration, then Mediation, a way to blend them both.

Arbitration-Mediation
Blend mediation and arbitration

 Arbitration, then Mediation, a way to blend them both.

Many view mediation as a one-way street.  You conduct a mediation to settle a law suite.   Nothing could be further from the truth.  There are many ways to blend mediation with the legal system or blending it with other alternative dispute resolution processes to reduce or resolve conflict. 

One way is to blend arbitration and mediation so that the participants have the benefits of both arbitration and mediation.

The process begins with binding arbitration before a single arbitrator.  At the conclusion of the arbitration session, the arbitrator immediately issues a binding decision and proceeds to seal it so neither the parties nor council know the result. 

Immediately following the arbitration, mediation is conducted by a different neutral. This mediator, like the parties, also does not know the content of the sealed arbitration decision.   If the mediation ends in a settlement, the arbitration decision is destroyed and the parties never learn how it turned out. However, if the mediation does not result in a settlement, the arbitration award is unsealed and disclosed, at which time it becomes final and binding. 

This process of sealing the decision and potentially destroying the arbitration decision, if a settlement is reached, is negotiated between the parties and the arbitrator.  It is accomplished in the arbitration service agreement.  The length of time allowed for mediation must also be explicitly outlined in the agreement to arbitrate.

There are significant advantages to this arbitration-mediation model.  First, it brings prompt finality to the litigation process, either though a binding arbitration award, or else through a mediated settlement. 

The procedure also diminishes the overall cost of litigation.  The actual cost of presenting a case in arbitration is significantly lower that a one to two week trial, stipulations between the parties can further streamline and simplify the issues.  Medical expert opinion can be presented through medical reports, declarations and records. 

There are other benefits beyond cost savings.  The arbitration-mediation process encourages a more cooperative, less adversarial framework for resolving cases.  The protocol allows parties and key claims personnel, such as the adjuster in charge of the file, to see how key witnesses present themselves at the binding arbitration prior to engaging in mediated settlement discussions.  It also solves the case at a much earlier date that the potential four-year wait until trial. 

Ken Strongman, MediatorAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.