[Considerations in International Conflict Resolution Processes Based On the Rights and Responsibilities of the Contractor]

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ABSTRACT

Conflict resolution has consistently occupied a central role in models of the inter-organizational exchange process and is viewed as the primary mechanism for reducing manifest conflict in distribution channels. Several broad strategic frameworks for addressing distribution channel conflicts have been proposed in the literature, but how conflict resolution processes emerge in distribution channels is unclear. Also, because the available research has focused primarily on the relative effectiveness of certain mechanisms very little is known about the contextual conditions that drive channel leaders' use of specific resolution mechanisms (e.g., problem-solving) to resolve episodic conflict. It has been suggested that in asymmetrical exchange relationships such as franchises, dominant parties often rely on low-risk strategies (e.g., hard bargaining) to resolve emergent disagreements.

TABLE OF CONTENTS

ABSTRACTII

CHAPTER 1: INTRODUCTION1

The Case for Doing It Right5

CHAPTER 2: LITERATURE REVIEW10

Conflict Resolution In Distribution Channels11

Problem Solving13

Persuasion13

Bargaining14

Politics15

Methods for Resolving Conflicts and Disputes15

Resolving Conflicts and Disputes15

Negotiation16

Mediation18

Arbitration21

Litigation (Going To Court)23

Considerations for Selecting the Appropriate Dispute Resolution Method27

Current Methods Of Classification28

A Conflict Management and Resolution Approach31

Mission Types34

Characteristics39

CHAPTER 3: METHODOLOGY43

Insight One: Establish and Maintain Public Trust46

Insight Two: Prevent Counterproductive Behaviours48

Insight Three: Keep Senior Management Informed49

Insight Four: Make Decisions to Increase Bid Competition50

Insight Five: Make Friends with Key Stakeholders52

Insight Six: The Manager Is Not Smartest About Everything55

Insight Seven: Recognize Show-Stoppers Early and Take Action57

Insight Eight: Step Outside the Box59

Insight Nine: There Will Be Technical Problems61

Insight Ten: We All Succeed Together64

CHAPTER 4: DISCUSSION AND ANALYSIS66

CHAPTER 5: CONCLUSION72

REFERENCES73

CHAPTER 1: INTRODUCTION

When it comes to opportunities to offer conflict intervention services, the conflict resolution field is more varied and dynamic than most might think. As Mayer (2004) points out, new practical challenges arise as the field evolves in regard to “Who we say we are and what it is we say we do” [emphasis added.] We add to Mayer's insight: “. . . and where we practice our craft.” This march into other areas is, in our opinion, a good thing. Over the last twenty-five years, formal conflict resolution practice has moved well beyond established areas of public decision making in fields such as environmental conflict resolution, public policy and international conflict resolution into other areas of public concern that are less well known,.

Without much fanfare, conflict intervention practice has moved into highly specialized public and private arenas as industry insiders incorporate basic conflict resolution skills into their occupational skill sets. These applications are making great developmental strides, and yet the lessons and insights they impart are not readily visible to the larger conflict resolution community. These parallel developments deserve more observation in order to advance the field as a whole. One such arena of specialized conflict intervention practice lies within the construction industry, a venue that can be highly complex, exceptionally technical, scientifically driven, and until recently legally dominated.

Construction of major public infrastructure in the United States and elsewhere is a notorious cauldron for conflict. Conflict may arise in many ways: contractors make claims against owners, designers fight blame for errors, and the public often feels ...