Managing Conflicts

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Information about Managing Conflicts
Business & Mgmt

Published on March 11, 2009

Author: ikonick

Source: slideshare.net

Managing Conflicts Nick Graham Assistant Head of Legal & Democratic Services

Global Thermo-nuclear war Litigation Mediation Negotiation

Lawyer to Client ratio USA: 1 in 200 Japan: 1 in 9,000

'Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the  nominal  winner is often a  real  loser  -  in fees, and expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man . . . Never stir up litigation. A worse man can scarcely be found than one who does this.' Abraham Lincoln 'Notes on the Practice of Law'

The Court's approach to managing conflict   COSTS &  complexity

 

What is mediation? What are the benefits? How does it work?

Stages in the Mediation Process Preparation Opening Putting the case Exploration Uncovering “interests” Getting creative Formulating proposals Writing agreement

Stages in the Mediation Process

Preparation

Opening

Putting the case

Exploration

Uncovering “interests”

Getting creative

Formulating proposals

Writing agreement

Negotiation Positional bargaining Principled negotiation

Positional bargaining

Principled negotiation

Separate people from the problem Focus on interests not positions Invent options for mutual gain Use objective criteria Getting to Yes: Ury & Fisher

Separate people from the problem

Focus on interests not positions

Invent options for mutual gain

Use objective criteria

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