Non-employment Conflict Running Head: Non-employment Conflict Management

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Non-Employment Conflict 1

Running head: NON-EMPLOYMENT CONFLICT MANAGEMENT

Non-Employment Conflict Management

Terri P. Gilbert

University of Phoenix


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Non-Employment Conflict Management

The worlds ecosystems have many considerable threats, but the most important threat is

the failure to resolve environmental disputes (Caplan, 2007). In the United States, federal and

state governments develop laws to address environmental issues through public policy making.

Public policy can create conflict with stakeholders interest in the preservation and use of limited

natural resources (Purdy & Gray, 1994). In the case of the Wamayo River Basin projects, the

proposed building of dams has affected multiple stakeholders use of the waterways (University

of Phoenix, 2009). The contractor, Tightrope Way, has decided there is a need to develop a

conflict management system. A conflict management system involves the use of skills to control

the intensity of a conflict and its effect using an Alternative Dispute Resolution (ADR) technique

(Billikopf, 2009). This paper will show the companys choice of ADR technique, a plan to

implement the method, and mitigate risks through metric analysis.

Potential Non-Organizational Conflict Identifications

Tightrope Way has a contract to continue building additional dams along the Wamayo

River and its tributaries (the Wamayo River Basin) (University of Phoenix, 2009). The dams will

create inexpensive and renewable source of energy called hydropower, and provide irrigation to

the regions farmers (University of Phoenix, 2009). The project has several conflicts of interest

regarding the waterway. The primary conflict is preservation of the endangered Wamayo salmon

that is being affected by the dams and increased commercial activities (University of Phoenix,

2009). The fishing industry has decreased because of the diminishing population of the salmon,

increased commercial activities, and the shrinking natural habitat in the Wamayo area

(University of Phoenix, 2009). The environmental analysts and industry specialists estimate the

increased rise in commercial activities will cause extinction in the fishing industry within the


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next 10 years (University of Phoenix, 2009). The construction of the dam has created additional

environmental disputes by the public policy to preserve the endangered fish species and the

habitants along the Wamayo River Basin.

The disputes between the stakeholders perspectives about the policy making on the

Wamayo River Basin project are interrupting Tightrope Ways completion of the dams. The

environmental conflicts include the decreased population of the salmon and the fishing industry

(University of Phoenix, 2009). The policy making for the waterways to protect the salmon

species involves allocating sufficient tributaries for the habitants of salmon (University of

Phoenix, 2009). A balanced allocation of tributaries will help in protect the endangered salmon

and allow the species population to increase (University of Phoenix, 2009). The salmon survival

group can cause conflict for Tightrope Way by filing an environmental suit stating the dams are

decreasing the species and the construction of the dams are causing a change in the ocean

conditions that can cause global warming problems. The salmon survival group can include in a

litigation case that the surrounding population of habitants along the rivers are decrease because

of inappropriate allocation of the Wamayo tributaries.

Tightrope Way has to resolve the other stakeholders interest affected by the construction

of the dams. Hydropower is the new source of energy that the Wamayo Department of Energy

sees as a priority (University of Phoenix, 2009). The Wamayo Farmers Association interest is to

continue expansion of farm irrigation (University of Phoenix, 2009). The three dams previously

built made a significant difference to agriculture in the region (University of Phoenix, 2009).

The Wamayo Department of Energy and Farmers Association support the building of the dams.

However, the commercial activities are in conflict with the policy public to save the salmon,

fishing industry, hydropower andagriculture irrigation at the industries expense.


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The Northwest Timber and Paper Association are not happy with the rippling effect of

the public policy and are lobbying to keep logging rights and timber-dependent industries in the

Wamayo area (University of Phoenix, 2009). The commercial industry provides 35% of the jobs

in the area and provides over $1 billion in yearly revenue (University of Phoenix, 2009).

Recently, the success of the hatcheries programs has increased the salmon population, and the

commercial groups have been lobbying to lift the restrictions on the waterways (University of

Phoenix, 2009). Lifting the restrictions may further delay Tightrope Way. The company may

have to create new plans to construct the dams and may cause more complexity in the

environmental issues with the other stakeholders. Tightrope Way has decided that a conflict

management system using the ADR mechanism of mediation is the best alternative to create a

collaborative and integrative approach to negotiating the environmental conflicts between the

stakeholders to continue constructing dams along the Wamayo River Basin.

Alternative Dispute Resolution Techniques/Risk Reduction

Tightrope Ways conflict management system will use an ADR technique to reduce the

possibility court litigation. Court litigation is more costly and time-consuming and does not

guarantee a successful result (Vermont Environmental Monitor, 2005, p. 7). Tightrope Ways

wants to avoid decisions made by a third party and has decided to use the ADR method of

mediation. According to Wolf (2003), mediation is an extension of the direct negotiation

process [and] is a process in which a neutral third-party intervenes to help disputants reach a

voluntary settlement (p. 1). The mediator does not have authority to force an agreement

between the parties. Mediation is an appropriate method to use for environmental disputes

because there is a collaborative effort to reach an agreement (Wolf, 2003).


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According to Andrew (2001), ADR offers all stakeholders in an environmental

dispute the opportunity to participate (p. 172). In mediation, the stakeholders participation is

voluntary and any agreement reached is nonbinding (Bainum, 1997). The mediators role is to

work with the stakeholders to create a fair process, obtain needed resources, organize and

manage the meetings, assists the parties in setting realistic deadlines, maintain minutes of each

session if parties agree, and coordinate the exchange of information between the parties

(Andrew, 2001). The mediator exchanges information between the parties, helps devise an

agreement acceptable between the parties, participate in generating creative alternatives, and

assists in writing the final agreement (Andrew, 2001). For a successful mediation between all

parties involved, confidentiality should be emphasized as part of the process by the mediator

(Andrew, 2001). An independent assessment in the early process of the mediation helps to

identify accurate interests underlying the stakeholders positions (Andrew, 2001). Mediation is a

valuable ADR process to resolve environmental disputes for it mitigates the risk of litigation by

encouraging all stakeholders to focus on mutual gain and not on the win-lose limitations existing

in court proceedings (Bainum, 1997). Tightrope Way has considered implementing the

mediation process as a cost-efficient, practical and expeditious way to reach a collaborative

agreement between all stakeholders involved in the construction of the dams.

Implementation Plan for Alternative(s)

Tightrope Way has decided to implement a conflict management system using the ADR

method of mediation to achieve an agreement between all stakeholders as a collaborative effort.

The mediator chosen should have experience in mediating environmental disputes similar to the

present conflict at Wamayo River Basin. The first meeting will be a pre-caucus meeting

focusing on setting ground rules for the mediation (Bacow & Wheeler, 2002). The mediator

should request a written report from each stakeholder identifying individual interest and


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perspectives about the environmental issue (Bacow & Wheeler, 2002). The written report is

important for it will give the mediator a better view of the stakeholders perspectives of the

conflicts and what mediation tools would assist the stakeholders in reaching a collaborative

agreement. By week two, the mediator should have all the written reports to use in development

of an agenda for the initial session. Prior to the initial session, the mediator should provide a

relaxed and comfortable meeting place that will filter out noise and distractions (Bainum, 1997).

The atmosphere for the meeting is a vital factor in the success of the joint session (Bainum,

1997). The mediation should begin with an opening statement by the mediator.

An opening statement by the mediator is important in the building of trust to express the

stakeholders concerns (Gaitain & Kleiner, 1999). According to Gaitain and Kleiner (1999), the

mediators opening statement is used to build rapport with the disputants so that later

discussions will be open and candid (p. 69). The mediator should begin by introducing all the

parties involved in the mediation including the mediator and commend the stakeholders for

agreeing to meet to resolve the conflicts with the Wamayo River Basin project (Bainum, 1997).

Next, the mediator should state the goal is to reach an agreement that is fair and workable in the

future, and explain that an agreement has a very high success rate if all parties collaborate in

good faith (Gaitain & Kleiner, 1999). The mediator should stress his or her neutrality, the lack

of authority to render a decision, and impartiality to the final agreement (Gaitain & Kleiner,

1999).

The next step in the mediation process is for the stakeholders to give a brief opening

statement. Majority of the time, it is the first time a stakeholder has the opportunity to give his or

her view of the case to all involved parties (Gaitain & Kleiner, 1999). The individual

stakeholders should be able to speak without interruption, except for the mediators questions

intended to clarify a statement, which is not bound by legal rules or evidence in presenting his or


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her point of view (Gaitain & Kleiner, 1999). The mediator should comment and summarize each

individual stakeholders opening statement so that all parties fully understand the intent and

correct misinterpretations (Gaitain & Kleiner, 1999). The reason for the opening statements is to

allow the stakeholders to state their positions and express any frustrations (Bainum, 1997). The

mediator should next begin the discussion stage.

The mediators role is to open the forum for joint discussion with all stakeholders

(Bainum, 1997). The discussion begins the direct exchange between the parties (Bainum, 1997).

Sharing factual information and different perspectives between the stakeholders will help to

narrow the areas of the conflict (Bainum, 1997). The mediator has to control the meeting to

maintain a positive emotional climate during this face-to-face direct exchange (Gaitain &

Kleiner, 1999). During this period of the discussion, the mediator uses different techniques and

strategies to promote sharing of information, reveal hidden issues not previously expressed, and

intervene when the conflict escalates to maintain a safe environment for open communication

(Gaitain & Kleiner, 1999).

The mediator has various techniques and strategies to use to reach a consensus agreement

between the parties involved. To facilitate the negotiation of an environmental dispute, the

mediator should use reasoning, persuasion, andsuggest alternatives (Bainum, 1997). This can be

done by finding a common ground among the stakeholders to reach a mutual consensus toward

finding a solution. In doing so, the mediator should ask questions to clarify statements and

positions, and organize the issues to look for points of agreement to narrow the number of issues

in the dispute (Bainum, 1997). The mediator can help the parties reframe issues. Reframing is a

basic communication skill to find to illustrate or frame what has been said or is going on in a

conflict with the goal of changing perceptions and positions for negative and fixed to more

positive and flexible (Wilmot & Hocker, 2007, p. 234). As each party of the conflict has his or


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her own perception of the issues, reframing help to allow the stakeholders to view the issues in

different perspectives that may result in the parties reaching a mutual acceptance of the issues

and allow them to cooperate (Gaitain & Kleiner, 1997). The mediator should allow the parties to

frame their own issues, but step in when there is threat of a deadlock or impasse (Gaitain &

Kleiner, 1997).

A mediator must have a contingency plan for joint meetings can erupt into spiral

escalation, deadlock, orimpasse. When there is the probability of one of the three events

happening, the conflict can turn destructive (Wilmot & Hocker, 2007). The mediator should

speak up when an issue has assumed disproportionate importance to guide the stakeholders to

more productive areas or can divide the group into caucus meetings to decrease conflict

escalation (Bainum, 1997). Once the parties are near a breakthrough in the caucus meetings, a

joint session should begin again (Gaitain & Kleiner, 1997). The joint session should be at a point

of collaboration with the stakeholders to reach a breakthrough. Once there is a breakthrough, the

discussion should focus on a solution that is closer to the mutual interest of all parties (Gaitain &

Kleiner, 1997). After reaching an agreement, the mediator should compose a written agreement

and have all parties sign the document (Bacow & Wheeler, 2002). The signed agreement is

evidence of the stakeholders intent and should be disclosed to the public to provide one form of

measurement of the success of the mediation (Bacow & Wheeler, 2002).

Recommended Metrics

Tightrope Way or the mediator should use metrics to measure the effectiveness of the

ADR mediation process. The use of surveys or questionnaires distributed and answered by the

stakeholders involved in the dispute should focus on the how the participants perceive the

mediation as successful or not. The surveys or questionnaires would address any concerns of the


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stakeholders to assess the fairness of the mediation. The process has to be fair to the public and a

form of metric would be to hold a public hearing (Bacow & Wheeler, 2002). A public meeting

should be held for the community to know about the progress and details of the negotiation

(Bacow & Wheeler, 2002). A public information meeting with the residents of Wamayo needs

to involve details of the agreement, answering questions, and address any complaints about the

proposed agreement to avoid future litigation by the community (Bacow & Wheeler, 2002). A

conflict management system using any of the ADR process needs to develop metrics to mitigate

risks and reduce the possibility of future lawsuits.

Conclusion

A conflict management system using a mediation ADR technique provides an innovative

and effective avenue to develop the necessary tools and skills to achieve resolution of a conflict

(Billikopf, 2009). The mediation process has a better advantage of success if the stakeholders

respect the mediators integrity, impartiality, and ability (Billikopf, 2009). Important elements of

the mediation are trust and confidentiality to establish open communication channels between the

stakeholders (Billikopf, 2009). According to Billikopf (2009), mediation helps the parties discuss

the issues, repair past injuries, and develop necessary skills to face parties disagreements

effectively. Using a mediator to resolve the environmental disputes will allow Tightrope Way to

complete the Wamayo River Basin dams. The mediation process will encourage open discussion,

and reveal stakeholders perspectives to gain mutual interest and resolve the environmental

disputes. The mediation process can resolve the dispute by using an experience, neutral

mediators to manipulate techniques and strategies when necessary to avoid escalating conflict

spirals, deadlocks, and impasse. The mediation needs a plan to implement the process

successfully.


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The implementation of a plan should consist of initial pre-caucus meetings, joint session,

opening statements, open discussion, caucus and other mechanism assessable to the mediator to

help improve the interaction between the stakeholder and narrow alternatives to a solution to

resolve the environmental dispute. Metrics are necessary to determine if the mediation process

was successful and at the same time disclosing the details of the agreement to the community by

scheduling a public hearing. Any agreement reached in an environmental dispute will not tie

together all disparate issues, but the ability of the stakeholders to come together to make an effort

to solve the issues will show the community that complex conflicts are resolvable when a

conflict management system is implemented that uses ADR mechanism such as mediation.


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