Design Conflict Resolution System
Michael Yap Gim Chuan
Michael Yap Gim Chuan
Mediator, Lawyer ,Educator- NUS ( LL.B ) & RMIT ( M Ed)
- Conflicts or disputes are costly and deadly. Yet conflicts on the one hand sometimes are unavoidable and on the other hand part of the dynamics of life of individuals and corporate entities. We should not run away from it . And we cannot run away from it. Just like light and darkness are twin sisters , when light is there , the darkness fades behind the background. And when darkness prevails , the light is blocked. The twins do not disappear. How we handle conflicts determine whether we can succeed in transforming conflicts into food for growth and change the poison into medicine or we descend into more conflicts and endless emotional tangles that would leave wounds and scars that would not heal for a long time etc. And life is just to short to handle conflicts negatively.
- Some understanding of conflict dynamics are necessary. Conflict resolution skills, dialogue skills, mediation skills, creativity skills , collaboration skills, and problem-solving skills - all these soft competency skills become foundational tools, skills in our tools-box to transform conflicts or disputes. In the past , research on peace studies concentrate on and focus on causes of wars - etc and over-looked to focus on causes for peace and on peace and to build enablers -- more causes and conditions for peace. Similarly - litigation is like focusing on wars to win the wars at all costs. Taking the parties at war further and further away from possible amicable settlement.
- Alternative dispute resolution ( ADR) the term was used and coined some years back to describe the dispute resolution mechanisms and processes like mediation, arbitration , collaborative law practice, problem solving and dialogues as the ADR. With the trends changing in the management of conflicts and disputes , litigation may now become the ADR of the future .
- Building and designing dispute management system may become increasingly more important. In-house process and system would manage conflicts and disputes and transform it into something that benefits the company. Individuals would change their mind-set towards conflicts that surface and manage it wisely to learn from it and transform conflicts into harmony and growth. Early pioneers in this area is Ury , Cathy Constantino and leading scholar now is Robert Bordone.