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The 8 Disciplines of Conflict Resolution Professionals


KEY POINTS

Multidisciplinary Approach: Effective conflict resolution draws from economics, psychology, law, game theory, and other fields to provide a comprehensive toolkit for resolving disputes.
Understanding Human Behavior: Skills in emotional intelligence, communication, and cross-cultural awareness are essential for managing interpersonal dynamics and fostering constructive dialogue.
Strategic Process Design: Conflict resolvers need to design effective processes, use negotiation and game theory principles, and decide when to mediate, negotiate, or litigate.
Conflict Resolution Professionals
author
Richard Birke Lead Facilitator and Trainer

Everyone learns at least a few conflict resolution strategies throughout life. When dealing with family, friends, colleagues, or even strangers, we develop ways to get along, avoid unnecessary disputes and resolve conflicts. These experiences equip us with a certain level of skill in handling conflict.

However, as someone with over 35 years in the professional conflict resolution field—including 25 years as a tenured law professor and extensive experience in dispute resolution, mediation and client-focused negotiation—I’ve learned that this field extends far beyond common sense and personal experiences. Professional conflict resolvers often draw from various areas of knowledge and experience, each potentially contributing valuable insights that may help in resolving disputes.

This blog is the first in a series that will explore the multifaceted nature of conflict resolution. In the coming months, we’ll dive deeper into each of the eight disciplines that underpin excellence in conflict resolution, providing insights into how each plays a role in developing resolution strategies for complex disputes. This post provides an overview of these disciplines, giving you a foundation for what’s to come.

1. Economics

A basic grasp of economic principles, such as maximizing utility, forecasting risks, constructing decision trees and understanding marginal effects, is essential in business dispute resolution and conflict resolution. These tools may assist in evaluating options and making strategic decisions that could benefit all parties. After all, effective conflict resolution often centers on getting the most of what each party wants.

2. Psychology

Understanding the ways in which people deviate from rational thinking—often referred to as heuristics and biases—is crucial. This falls under the broader category of decision-making under conditions of risk and uncertainty. Knowing why people make certain choices allows conflict resolution professionals to anticipate behaviors and respond in ways that foster productive dialogue. Additionally, understanding emotional intelligence and conflict resolution is essential to managing interpersonal dynamics during conflict.

3. Game Theory

One of the most impactful contributions to the study of negotiation strategy comes from game theory. For conflict resolvers, understanding when to cooperate and when to compete can be the difference between resolution and escalation. Understanding concepts such as the prisoner’s dilemma is important for grasping strategic dynamics in negotiation. Incorporating conflict negotiation strategies informed by game theory can assist conflict resolvers in making more informed choices.

4. Negotiation Analysis

Negotiation is both an art and a science, and there’s an entire body of literature dedicated to it. A conflict resolver must know how to identify interests, options and alternatives, as well as how to separate the people from the problem. The ability to exploit differences to create value and exchange information without vulnerability is at the heart of successful conflict negotiation strategies.

5. Law

In cases where conflicts cannot be resolved through negotiation or mediation, they may end up in court. Conflict resolvers should have a practical understanding of the timelines, costs, risks and rewards associated with litigation. Additionally, crafting agreements that are legally sound is crucial. It’s also useful to be familiar with alternatives to litigation, such as mediation and arbitration, to offer clients a broader range of options.

Understanding the difference between conflict management and conflict resolution is also critical in knowing when to rely on mediation and when litigation might be unavoidable.

6. Communication

At a minimum, a conflict resolver must be able to communicate in ways that de-escalate tension. At more advanced levels, communication involves active listening, empathy and assertiveness. Skilled conflict resolvers aim to create environments where participants feel psychologically safe enough to express their interests while learning about the interests of others. These skills help parties find common ground and facilitate progress toward resolution.

7. Cross-Cultural Studies

Conflict isn’t limited to people of similar backgrounds; it often involves individuals from diverse cultures, whether based on nationality, job function or even variations in neurotypicality. A skilled conflict resolver understands how different cultural frameworks impact communication and behavior, allowing for more nuanced conflict resolution strategies that respect the parties involved. This is particularly important for human resources professionals managing a diverse workforce.

8. Process Architecture

Not all conflicts can be resolved in a single conversation. In complex situations, a conflict resolver can help design a process that maps out who should communicate with whom, and in what order, to move toward a shared goal. Sometimes this process can take months or even years. The ability to act as both designer and builder—adapting the process as the conflict evolves—is a hallmark of a proficient conflict resolver.

Bringing in an external conflict resolver may be especially valuable in these situations, as they offer a neutral perspective and are skilled at facilitating dialogue between parties that may be too close to the issue to find common ground. You can read more about how organizations may benefit from hiring an external conflict resolver here.

Do Conflict Resolvers Need to Master All These Fields?

The short answer is no. Much like a basketball team, where individual players have different strengths—some are skilled at defense; others excel at shooting—conflict resolvers need to be proficient in several areas but do not need to master all of them. A well-rounded conflict resolver typically possesses enough skills to provide value and can team up with others when specific knowledge is needed to move a conflict forward.

In the coming months, I’ll be exploring each of these disciplines in greater detail. Stay tuned for in-depth discussions on how principles from psychology, game theory and other fields can be applied to real-world conflict resolution scenarios.

If you’re interested in developing your conflict resolution professional development skills or understanding how these principles apply to your own professional practice, subscribe to our newsletter so you don’t miss future posts in this series.

Disclaimer:
This page is for general information purposes. JAMS makes no representations or warranties regarding its accuracy or completeness. Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals.
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