Alternative Dispute Resolution
On Saturday, September 6, 2008, a small but mightly group of local mediators spent the day at Saint Mary’s University in Halifax, studying conflict resolution theory with Gary Furlong, one of Canada's preeminent conflict resolution practitioners.
This one-day event was organized by ADR Atlantic Institute and co-sponsored by Cox & Palmer and Saint Mary’s University.
The format for the day was highly interactive, with a healthy combination of instruction (with a good use of overheads), group and small group discussions, Case Studies, and Q&A. Gary was an excellent presenter, and welcomed feedback and questions throughout the day.
Gary started the day by canvassing at a high level, the nature of conflict, its often multi-dimensional and multi-factorial nature, and an overview of the range of tools and models at the practitioner’s disposal.
Gary then drilled down into the “Circle of Conflict” model for diagnosing the 5 drivers (or sources) of conflict: Relationships, Values, External (factors unrelated to the substance of the dispute), Data, Interests and Structure. Depicted as 6 pie pieces within a circle, with Relationships, Values, and External carved out as the three triangular sections on the top half of the circle, and Data, Interests and Structure carved out as the three triangular sections on the bottom half of the circle, Gary outlined the strategies for the mediator delving into the areas “above the centre line” and “below the centre line”.
After working through a number of Case Studies with us, Gary highlighted that the mediator can do little to directly intervene in the 3 pieces above the line, and that good mediators acknowledge those conflict drivers but consistently direct the parties back to the 3 pieces below the line for joint problem solving. In other words, the great mediators in essence ask the parties, “What are the solutions we can find in spite of the “above the line” items?”
Gary moved on to review the “Triangle of Satisfaction”, his model in the shape of a triangle to underscore the 3 types of interests, Emotional (psychological), Process (procedural), and Result (substantive).
Our guest led an excellent discussion about the role of the neutral in the conflict resolution process, and Gary underscored his personal philosophy that his role in the process is not to get a deal, but to ensure decisions made by the parties are fully informed and “reality checked”.
The final topic was Trust, and the application of the Attribution Theory (that negative events caused by us are created by situational factors outside our control, while negative events caused by others are created by their intrinsically bad intentions). Sometimes, Personal Trust is completely or almost entirely gone. Luckily, however, there is another kind of trust, namely, Procedural Trust. The mediator, by running a transparent, equitable and neutral, well-managed process, creates and sustains Procedural Trust for the parties, so that even if neither side obtains everything it wanted, it regards the outcome as fair and fairly reached.
Based in Toronto, Ontario, Gary Furlong has extensive experience in mediation, mediation training, alternative dispute resolution, organizational facilitation, negotiation, and conflict resolution. Gary is past president of the ADR Institute of Ontario, is a Chartered Mediator and holds his Master of Laws (ADR) from Osgoode Hall Law School. Gary is also the author of “The Conflict Resolution Toolbox”, and the co-author of “The Construction Dispute Resolution Handbook.” Gary is also a highly regarded ADR and conflict management trainer, teaching conflict resolution skills and principles across Canada to mediators, judges, lawyers, RCMP officers, firefighters, front-line managers and employees, and for numerous departments of the federal, provincial and municipal governments.
James Musgrave, Q.C., Acc. Med.
Dealing With Impasse
A Summary of Gary Furlong’s Training Session
at the 2009 ADR Atlantic Annual General Meeting and Conference
June 13, 2009 Read the summary.
Tel: (902)435-3084 Fax: (902)435-3084 E-mail: admin@adratlantic.ca