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Introduction and Conflict Theory

Week #3 2022/23

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Introduction and Conflict Theory

Week #3 2022/23

2021 King Alfred Way Winchester

to Avebury

2023 Limburg

MSc Management of Projects 2022/23

Optional module: MACE 660061 Conflict Management &

Dispute Resolution: How many countries

• https://docs.google.com/document/d/1jm0z7nW2GYJTM1

Mveq_TtbX-LouqzQDHYIsKgLgmED0/edit

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Office of the Independent Adjudicator OIA

• The Higher Education Act 2004 required the

appointment of an independent body to run a

student complaints scheme in England and Wales

and the OIA was chosen to operate this scheme in

2005

• http://www.oiahe.org.uk/

• 24% of all the complaints received by the Office

of the Independent Adjudicator during the last

year were from international students

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Introduction and Conflict Theory

• Conflict Theory; Functional and Dysfunctional

Conflict; Task and Relationship Conflict, Types of

Conflict; Conflict continuum

• Conflict Management / Dispute Resolution

• The UK government’s approach

• Game theory

• Blackboard: – 2 discussion threads; weblinks; workbook

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Lecture format

• Spark interest

• Provide references

– Urls [lots]

– Papers [2, but…]

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Professional Bodies

• Many homes for Professionals

– The Chartered Institute of Arbitrators

– APM

– The Royal Institution of Chartered Surveyors

– The Law Society

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From War-War to Jaw-Jaw

• Wikinomics

– how mass collaboration changes everything

– http://www.wikinomics.com/book

• How people come together to preserve their collective resources

– Nobel Prize 2009

– http://www.guardian.co.uk/science/2009/oct/12 /nobel-economics-prize-elinor-ostrom

The UK Government’s approach

• The Dispute Resolution Commitment

(DRC) requires government departments

and agencies to be proactive in the

management of disputes, and to use

effective, proportionate and appropriate

forms of dispute resolution to avoid

expensive legal costs or court actions. – https://webarchive.nationalarchives.gov.uk/201302060204

41/http://www.justice.gov.uk/courts/mediation/dispute-

resolution-commitment/ [email protected] 10

Two pictures the same city

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What is Conflict

• Conflict is an expressed struggle between at least two interdependent parties who perceive incompatible goals, scarce rewards, and interference from the other parties in achieving their goals.

– Conflict is natural and inevitable. People view conflict as unpleasant.

– Conflict is inevitable. Although it is impossible to eliminate conflict, there are ways to manage it effectively.

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Conflict Theory

• A theory of conflict does exist; it was founded by

Karl Marx. Marx expresses the theory in terms of

a class struggle; the struggle between classes

• One famous definition of economics is that it is a

study of the allocation of scarce resources which

have alternative uses. Conflict theory might be

expressed in a similar way; conflict is inevitable as

organisations seek to redistribute scarce resources.

This is a classic Marxist view.

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Conflict and Dispute

• Mary Parker-Follett

• Functional and

Dysfunctional Conflict – http://mpfollett.ning.com/

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Functional and Dysfunctional

Conflict

• Functional conflict: works toward the goals of an organization or group

• Dysfunctional conflict: blocks an organization or group from reaching its goals

Functional and

Dysfunctional Conflict

• Functional conflict

– “Constructive Conflict”–Mary Parker Follett

(1925)

• Increases information and ideas

• Encourages innovative thinking

• Unshackles different points of view

• Reduces stagnation

• Is Competition

Functional and

Dysfunctional Conflict

• Dysfunctionally high conflict

– Tension, anxiety, stress

– Drives out low conflict tolerant people

– Reduced trust

– Poor decisions because of withheld or distorted information

– Excessive management focus on the conflict

Functional and

Dysfunctional Conflict

• Dysfunctionally low conflict

– Few new ideas

– Poor decisions from lack of innovation and

information

– Stagnation

– Business as usual

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Types

of Conflict

Individual

Group

Organization

Type of conflictLevel of conflict

Within and between organizations

Within and between groups

Within and between individuals

Inter and Intra Organisational

• Inter between; Intra within

• See – Towards a comprehensive model for the assessment

and management of intraorganisational conflict:

developing the framework Jameson J (1999)

– International Journal of Conflict Management Vol 10

Iss 3 p 268-294

• This module is concerned with Inter

Organisational Conflict and Dispute [email protected] 20

Task and Relationship Conflicts

• Task something that should be done e.g. the design, the

product, the programme

• Relationship something involving people

• Always inter-related e.g. Peter didn’t do the design, did it

late or did it badly – I don’t like Peter

• De Dreu, C. K. W., & Weingart, L. R. (2003). Task

versus relationship conflict, team performance, and

team member satisfaction: A meta-analysis. Journal

of Applied Psychology, 88(4), 741–

749. https://doi.org/10.1037/0021-9010.88.4.741

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Conflict

Dispute

Avoidance

Negotiation

ADR; ADJ; ARB; Litigation; Beyond

Conflict Continuum

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Conflict and Dispute

• Conflict can be managed

• Disputes need 3rd party resolvers

• Dispute = dysfunctional conflict

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Conflict Management

• Non-binding • PROJECT

MANAGEMENT

– Dispute Review Boards/Dispute Review Advisers

– Negotiation

– Quality Matters TQM QA

– Risk Management

– Procurement Systems

– Partnering

– PROJECT MANAGEMENT

• Binding

• Partnering

• Alliances

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Dispute Review Boards

• The Dispute Resolution Board Foundation

– http://www.drb.org/

• NB FIDIC DAB’s

– International Federation of Consulting

Engineers; Dispute Adjudication Board

• Olympics NEC IDAP

– New Engineering Contract; Independent

Dispute Avoidance Panel

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Dispute Review Boards

• three-member DRBs solve disagreements before

they can delay or disrupt projects. The Board is a

panel of three experienced, respected and impartial

reviewers, usually with a construction background

instead of a legal background. Organized prior to

start of construction, the panel is selected mutually

by the project owner and the contractor/supplier

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Dispute Review Boards

• Since 1975 used in over $28 billion in projects

worldwide,

• DRB Foundation say 408 construction contracts,

of over 570 disputes, all but 13 were resolved by

the DRB (ten of these on one unique project).

• Parties accept the DRB's recommendation

– their confidence in the panel's technical expertise

– their confidence in the validity and openness of the

process.

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Dispute Review Boards

• Hong Kong Airport, $20 B

• Boston Central Artery $22 B

• Washington DC Subway ?$

• Los Angeles MTA Subway,

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Dispute Resolution Adviser

• The concept was developed in Hong Kong

by Colin Wall of Commercial, Mediation

and Arbitration Services

• Queen Mary Hospital HK

• http://www.cannonway.com/web/page.php?

page=20

Other Conflict Management

• Project Management

• Quality Matters TQM QA

• Risk Management

• Procurement Systems

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Partnering/Relationship Contracting

• http://www.constructors.com.au/wp-

content/uploads/1999/02/Relationship-Contracting-

Optimising-Project-Outcomes-1999.pdf

• Relationship contracting is a flexible approach

to establish and manage relationships between

clients and contractors and to implement

proven practices and techniques to optimise

project outcomes

• Alliances – Alliancing

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Dispute Resolution

• Non-binding

• Conciliation

• Executive Tribunal

• Mediation

• Negotiation

• Binding

• Adjudication

• Arbitration

• Expert Determination

• Litigation

• Negotiation

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Dispute Resolution Guidance

Office of Government Commerce

• The OGC is now archived but the document

is available at Blackboard in the week 2

folder

• COMPARISON OF DISPUTE

RESOLUTION

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Compare and Contrast Dispute

Resolution • Headings

– Formality

– Speed

– Flexibility

– Cost

– Confidentiality

– Adversarial

– Party Control

– Party Choice

– Creative Solutions

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Win Win Lose Lose

• Win Win

• Win Lose

• Lose Win

• Lose Lose

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Game Theory

• The science of strategy

• Analysis of fortunes where interdependency

• See internet generally

• See Co-opetition by Nalebuff and

Brandenburger

– http://en.wikipedia.org/wiki/Coopetition

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