Conflict Management: Navigating Applicable Laws And Regulations

Conflict management is the process of limiting the negative aspects of conflict while increasing the positive aspects of conflict in the workplace. Conflict management is not the same as conflict resolution, which involves reducing, eliminating, or terminating conflict. Conflict management is about minimising negative outcomes and promoting positive ones with the goal of improving learning in an organisation.

Conflict management is especially important in the context of intranational conflict, which makes up the majority of armed conflicts today. In this context, the rule of law is key to managing conflict and maintaining peace. The rule of law imposes a network of institutions, mechanisms, and procedures that check sources of tension, prevent violent action, and offer fairness and openness.

There are several styles of conflict management, including competing, compromising, collaborating, avoiding, and accommodating. A collaborative negotiation style is usually the most effective for managing conflict and fostering productive long-term relationships.

The role of law in conflict management

The concept of law is as ancient as mankind. Rules of law have governed human interaction since the beginning of time, shaping and reshaping the social order. Law is a set of rules and procedures that constrain power, hold individuals accountable, and provide a framework for non-violent conflict resolution. In modern times, the nature of conflict has shifted from international to intranational, requiring new tools for peacebuilding and conflict management, with the rule of law being the most important. This essay will explore the role of law in conflict management, examining its sources, impact on society, and relationship with alternative dispute resolution methods.

Sources of Law

The sources of law can be categorized into three groups: natural law, positive law, and realism. Natural law, as quoted by Fienberg and Coleman (2000) from St. Thomas Aquinas, is "an ordinance of reason for the promotion of the common good, made by him who has the care of the community and promulgated." Positive law, on the other hand, focuses on the command of generally adhered-to rules and the power to enforce them. Realism deals with the subjective influence of the parties involved in dispensing law. Despite their differences, all these paradigms recognize the role of law as an instrument for managing conflict.

Impact of Law on Society

Conflict is an inevitable part of human interaction, with two faces: one that negatively affects society through violence, and another that positively contributes to relationship development and social interaction. Violent acts against humanity require a different approach to conflict management than transformational conflicts. Both require a set of rules to ensure justice and truth prevail. International conflicts and those within divergent cultures necessitate flexibility in management approaches, along with an understanding of context and procedure, to choose the appropriate mode of dispute resolution.

Law and Alternative Dispute Resolution

Adjudication and facilitation are two primary processes of conflict management. Adjudication values public development of laws through the resolution of private disputes, while facilitation prioritizes private rights and settlement. Mediation, a branch of facilitation, focuses on transforming individuals involved in disputes rather than solely resolving the conflict. Although adjudication and facilitation differ in their approaches and values, they share the same foundation in the rule of law and aim to bring accountability and the common good into conflict management.

Conflict resolution styles

The competing style is assertive and uncooperative, with individuals using their power or authority to pursue their concerns, even at the expense of others. This style is suitable when one needs to stand up for themselves or defend a position they strongly believe in.

The avoiding style is unassertive and uncooperative, where individuals completely evade the conflict, neither pursuing their beliefs nor those of others involved. This style can be appropriate when the conflict seems trivial or when one needs more time to think and prepare.

The compromising style is assertive and cooperative, attempting to find a middle ground that partially satisfies both parties. This style is useful when it is more important to reach a quick solution than to find an ideal one, or when a temporary solution is needed.

The collaborating style is also assertive and cooperative, but rather than finding a middle ground, it aims to find a solution that satisfies all parties and ends in a win-win situation. This style is suitable when multiple perspectives need to be addressed, and it brings mutual respect and trust.

The accommodating style is unassertive and cooperative, where individuals neglect their needs or concerns for the sake of keeping the peace and satisfying the concerns of others. This style is best suited for unimportant problems to maintain harmony and quickly resolve the issue.

While there is no "best" conflict resolution style, a collaborative style is generally considered the healthiest, especially in relationships, as it emphasizes a team-oriented approach and finds a solution that satisfies all parties. On the other hand, a competing style can put excess strain on relationships, as it pits partners against each other.

It is important to note that the choice of conflict resolution style depends on the situation, the people involved, and the relationships one has with their team or colleagues. Additionally, individuals may not have a specific conflict management style that generalizes to every situation, as they may judge each conflict individually and decide the best approach accordingly.

Leadership styles

Leadership style plays a crucial role in conflict resolution and team dynamics. Effective leadership is essential for the overall success of any organisation, ensuring its growth and long-term performance.

Servant Leader and Lean Leader

The servant-leader aspires to lead by servitude, prioritising the needs of others. This style reflects a sharing of power, enabling followers to perform at a higher level for their personal growth. Servant leadership may develop Lean leaders in the organisation, who focus on improving processes and eliminating waste.

Transformational Leader

Transformational leaders assist individuals in the process of transformation, aligning their beliefs and values with the organisation's values. They foster an environment of trust, relationship-building, and the sharing of innovative ideas for the organisation's long-term vision. Transformational leaders can positively influence their teams to establish stronger identities, discuss disagreements, and work collaboratively towards conflict resolution.

Laissez-Faire Leader

Laissez-Faire leaders leave decision-making to their followers, lacking real authority within the organisation. This style requires no feedback, oversight, direct leadership, discipline, or praise, which can lead to low productivity and conflict.

Authoritarian Leader

Authoritarian leaders dictate and control the actions and decision-making of the group, basing choices on their ideas, judgments, and personal beliefs. This style welcomes little input from followers and can result in an environment lacking trust and the empowerment to resolve conflicts.

Transactional Leader

Transactional leaders primarily focus on workflow and incentives for timely and efficient task completion. They may fail to plan for the future, focusing only on present demands, and may struggle to promote creativity and innovation.

Visionary Leader

Visionary leaders have a long-term vision and passion for innovative goals and ideas. They foster a healthy relationship with their team, encouraging the sharing of ideas and empowering them to go beyond expectations. This style promotes open communication and effective conflict management through positive, non-adversarial approaches.

Conflict Management Styles

Conflict management styles can be categorised into five types, each with its advantages and disadvantages:

• Accommodating: This style prioritises the needs of others, keeping the peace, and is useful when the relationship is more important than the conflict. However, it may lead to resentment if overused.
• Avoiding: This style seeks to ignore or evade conflict, giving time for a cool-down period. While it can be effective in certain situations, overuse may lead to bigger conflicts in the long run.
• Competing: This style involves firmly standing one's ground, not giving in to others' viewpoints. It can quickly resolve disputes but may negatively impact morale and productivity.
• Collaborating: This style aims for a 'win-win' solution, considering the needs of all parties. It produces the best long-term results but is time-consuming and challenging to achieve.
• Compromising: This style seeks a middle ground, with both parties conceding aspects of their desires. It can lead to quick resolutions but may result in resentment and dissatisfaction if overused.

Choosing the Right Style

The choice of leadership style depends on the situation, and a good leader should be adept at employing different styles as needed. A collaborative style is generally the most effective for managing conflict and fostering productive long-term relationships. However, other styles like competing, accommodating, avoiding, and compromising can be useful in specific contexts.

Leadership style significantly impacts conflict resolution within an organisation. Effective leaders can adapt their style to different situations, utilising conflict management strategies to create a positive, productive work environment.

International conflict management

Public International Law vs Private International Law

The term "conflict of laws" is primarily used in the US, Canada, and the UK to describe the body of law that deals with resolving conflicts arising from differences in legal systems across jurisdictions. In most other countries, the term "private international law" is used, which emphasises the differences between national legal systems. Public international law, on the other hand, governs relationships between states and includes areas such as the prohibition of the use of force in international relations.

Sources of International Law

International law is derived from various sources, including multilateral treaties, conventions, and customary international law. Treaties are international agreements between two or more states, while customary international law refers to rules that are widely accepted and practised by nations. For example, the United Nations (UN) Charter, considered an international treaty, codifies key principles of international relations, such as the sovereign equality of states.

International Courts and Tribunals

International courts and tribunals play a crucial role in international conflict management. The International Court of Justice (ICJ) is the principal judicial organ of the UN and settles legal disputes between states in accordance with international law. Additionally, there are other international tribunals, such as the International Criminal Court (ICC) and the International Tribunal for the Law of the Sea (ITLOS), that were established by conventions drafted within the UN but now operate independently.

International Humanitarian Law (IHL)

IHL is the primary field of international law governing armed conflict. It applies to both international and non-international armed conflicts and binds all parties involved, including states and non-state organised armed groups. IHL includes provisions on the conduct of hostilities, such as the prohibition of certain weapons and the protection of civilians.

International Criminal Law (ICL)

ICL addresses individual responsibility for international crimes, including war crimes, genocide, and crimes against humanity. It establishes modes of responsibility and focuses on the mental element of international crimes. The ICC, established by the Rome Statute, has jurisdiction over individuals for these crimes.

Other Areas of International Law

International law also covers a wide range of other issues, such as human rights, disarmament, international trade, the environment, and the use of force. These laws help maintain peace and justice among nations, promote cooperation, and address global challenges.

Inter-organisational conflict management

Conflict management is a crucial competency for leaders to possess, as it can ensure the success of the team, group, unit, or employees they lead. Conflict can be positive if it is managed properly, promoting team-building skills, critical thinking, new ideas, and alternative solutions.

When it comes to inter-organisational conflict, there are several approaches that can be taken to resolve disagreements effectively. Here are some strategies that can be employed:

• Changing the structure: This involves addressing the root cause of the conflict by implementing structural changes. For example, if the conflict arises due to incompatible goals between two departments, a solution could be to have both departments report to the same executive, thereby aligning their objectives.
• Changing the team composition: If the conflict is between team members, altering the team composition by separating conflicting personalities or replacing members with differing styles, values, and preferences may resolve the issue.
• Creating a common opposing force: Uniting conflicting groups within an organisation against a common "enemy", such as a competitor company or an external factor like an economic recession, can help mitigate intergroup conflict.
• Considering majority rule: Resolving group conflict through voting can be effective if the participants perceive the procedure as fair. However, this approach should be used sparingly and after a thorough discussion of the issues.
• Problem-solving: This approach focuses on identifying the root cause of the problem rather than blaming individuals or groups. It acknowledges that conflicts are rarely one-sided and encourages collaboration towards a mutually beneficial solution.

It is important to note that different conflict-handling styles exist, and individuals may have a dominant style that they tend to use most frequently. These styles include:

• Avoiding: Individuals with this style seek to avoid conflict by denying its existence or postponing decisions that may lead to conflict.
• Accommodating: This style involves yielding to the other party's demands, even if it means sacrificing personal goals. Accommodators often fear speaking up for themselves or value harmony in their relationships.
• Compromising: The compromising style aims for a middle ground where both parties make concessions to reach a temporary solution. However, it may not address the underlying issues at stake.
• Competing: Those with a competing style focus on achieving their goals or getting their preferred solution adopted, regardless of others' feelings. While this approach can lead to poor relationships, it may be suitable when dealing with unethical or harmful alternatives.
• Collaborating: Collaborators work to understand the deeper needs behind others' demands and express their own needs. They value addressing strong emotions and finding trade-offs that give each side what they want. This style is often the most effective for managing conflict and fostering long-term relationships.

When dealing with inter-organisational conflict, it is essential to assess the situation and adapt one's conflict-handling style accordingly. Additionally, creating an environment that encourages open communication, respects differing opinions, and focuses on problem-solving can help prevent and effectively manage conflicts.

Frequently asked questions