Discuss The Contention That Conflict And Dispute Are Inevitable

Discuss The Contention That bout And Dispute be InevitableINTRODUCTION departures as hygienic as Dispute atomic number 18 for sure inevitable in most of the technicalised message lying-ins whether big or sm wholly in all. To be precise, meshing and Dispute is always thither, non only in commercial determines entirely ar a part of our daily life. in that location is always a negate going on on as big as on an international level like on-going gainsay betwixt Israel and Palestine to small issues like a economize and wife having a confrontation as where to go out for dinner.Conflict in simple words merchant ship be defined as a discord over a situation between devil or more parties/individuals where they have there own vested interests. Conflict is sententious termed and is easy to dispel, while on the former(a) hand, dispute is when it becomes deep-rooted and no(prenominal) of the parties seems to be able to r distri howeverively an reason. Conflict contri merelye be solved easily while on the other hand there is a have for a third gear party intervention to resolve a dispute, which itself is date-consuming, expensive and unpleasant. In other words, we post say that meshing erect be managed, just now to an extent of preventing it. If not, it leads to dispute.CLASSIFICATION OF CONFLICTConflict discount further be classified as Functional and Dysfunctional, depending on the outcome. Earlier, scholars believed that contravene is a bad thing and should be avoided at all costs, but this was contradicted by Mary Parker Follett (1925), who coined the idea that effective conflict management ought not to conceive conflict as a wasteful outbreak of incompatibilities, but a normal process whereby socially valuable differences register themselves for the enrichment for all concerned.Functional Conflict It works towards the goal of a project. Mary Parker Follett (1925) called it plastic Conflict, which increases the information and ideas , encourage innovative thinking, unshackles different point of views and reduces stagnation at any stage of the project.Dysfunctional Conflict It is destructive in disposition and blocks the project from get ating the goal. It brings tension, anxiety and stress for e actuallyone tough. It drives out low conflict tolerant commonwealth form the project and reduces the trust for everyone involved, resulting in scurvy decision making arising referable to withheld or distorted information and refreshment of resources on the conflict rather than the project.Conflict, in general, locoweed be wisht with by following three methodsLose-Lose method In this, each positioning gives up several(prenominal) of its interests. This is done by Avoidance by staying away from the difficulty or withdrawing but it is not a permanent solution. The other woof is Compromise which is done by bargaining and negotiating, in which each side looses something. encourage-Lose method Also known as dom ination, in which there is a victory of one side over other and is done by Dominance where one party overwhelms the other party. Authoritative Command is another(prenominal)(prenominal) aspect where the psyche with authority rules in favor of one party.Win Win Method Also known as Integration where each side refocuses there efforts so that neither side loses anything and in point gains. This is done by finding the root causes of the problem, repayable to which conflict has arisen and accordingly try to meet the interests of all the parties which in the end leaves everyone happy.TYPES AND LEVELS OF CONFLICTIntra-organization Conflict As the name suggests, conflicts that occur within an organization, at the interfaces of organizational functions. It can occur along the vertical and horizontal hierarchy of the organizations i.e. between the managers and paladinordinates or between different departments and workgroups.Intra-group Conflict It is between the members of a group, and i s usually due to ways of doing the tasks or achieving goals.Inter-personal Conflict It is between devil or more population due to differences in opinions and views. This may also be due to differences in orientation to work and time in different part of an organization.Intra-personal Conflict It is more of a psychological issue. It occurs within an individual, when a person feels threatened to ones values, has a feeling of unfair treatment.Inter-organizational Conflict It is between both or more organizations, when they are working together, especially on a project. It is not related to competition. Typical example can be that of a conflict between a supplier and distributor.CONFLICT AND DISPUTES ARE needfulConflict and Disputes as mentioned are an unavoidable part of any commercial project by the virtue of the nature of the project. Any commercial project involves a variety of transactions as well as relationships on a local, national as well as international level. delinqu ent to the complexity of a commercial project involving guest, consultant, contractors, subcontractors and suppliers it becomes inevitable. There can be a number of issues for ambiguity between different parties like project clutchs, alter in scope of work, payment issues, design issues, castrate in specifications, administrative problems, personal damages, inflation etc to name a few. Managers have to shit up, nurture and maintain a network of relationships to make there projects a success. watch Delays Time management is very crucial for any commercial project. All the activities in a project are lined up one after another and are interlinked. Any kind of frustrate in this causes the whole project to be agreeed, affecting the cash-flow as well as ruining the relationship of all the involved. In many contingencys pecuniary losses are also incurred by those involved due to gibe caused by one of the involved. For example, project handing over got delayed due to delay caused b y one sub contractor, and for which the main contractor gets penalized. This penalty he will try to distribute evenly between all his sub contractors, which in turn will not be accepted by those who have finished there scope of work on time, accordingly leading to conflict.Change in Scope/Specifications Once everything had been finalized, any change in the scope of work or change in specifications can have a direct impact on the financial as well as the lead time of the project, which can result in the conflict between the parties involved. For example for a project, contractor has already procured some material, or has outsourced a particular job, but when asked to incorporate those changes by the client/consultant, he suffers a financial loss or he has to change the supplier with whom he has placed the order to meet the required specifications.Payments Conflict can arise due to delay in payments either by one of the parties involved in the project, due to financial crunch or beca use there has been some delay or there is some risky performance in terms of quality by the other. Whatever the fictional character maybe, it disrupts the cash-flow whole project, affecting parties involved e.g. If a contractor doesnt pays to a sub-contractor, he in turn cannot make the payments to his suppliers as well as employees and defaults, which directly affects the progress of the project leading to conflict between the sub-contractor and the contractor.Administrative Problems It is another issue for conflict arising due to mismanagement or lack of coordination between different agencies involved, which lead to project delays, cost over-run which in turn results in loss for the project. For example, in a project, scope of work of two sub-contractors is interdependent. If there is no coordination between them, it will result in unnecessary delay for the project.ConclusionThe above mentioned are a few aspects of conflict which are common in any commercial project, whether it s a construction, development or an IT project. From here we can infer that conflict is a set of inter-related elements that is to say parties, issues, dynamics and context. Since it is very difficult in any commercial project, involving tumescent number of players, to maintain a balance between all these elements, conflict becomes inevitable. Conflict if interpreted in a positive note, and if resolved appropriately, can leads towards betterment and successful delivery of a project. If not they lead towards dispute which itself is unpleasant, diverts valuable resources from the overall aim, is time consuming, costly and destroys the relationship between those involved which may have taken years to develop. Dispute at all cost should be avoided and should be resolved still when its at a level of conflict.DISPUTE RESOLUTION TECHNIQUES IN A COMMERCIAL sign onIn any commercial project, there is always discrepancy/disagreement regarding the scope of work, deadlines, etc which leads t o conflicts and when they get out of hand, leads to Dispute. Disputes in general, in a commercial contract are addressed to by the following three methodsnegotiationMediation arbitrationnegotiation is a tool by which we deal with our differences. These differences may be over the price of everyday grocery, or an machine or a labor contract or maybe an coalescency between the two companies. In general as per the academicians and theorists, there are two types of negotiation theories namely Positional Negotiation and Principled Negotiation. tour in positional negotiation, negotiation is done in such a way that the other party looses its faith in its own gaffe and submits to the first demands of the first party, in Principled negotiation, a softer approach is taken to reach a solution. It is based on the following principles Separate people from Problem, Focus on interests, not positions and Invent options for Mutual Gains.Mediation on the other hand gets the involvement of a third party (neutral) to resolve the outstanding issues and helps them to reach an agreement. Unlike negotiation, it is somewhat semi-formal, with the outcome may or may not be cover to the parties, as per the agreement.In case of Arbitration, it is a formal, private form of an Alternate Dispute Resolution. Here the contend parties refer to one or more persons (arbitrator or an arbitrator tribunal), who in turn reviews the facts and gives the decision which is legally stick on both the parties. The study difference between Mediation and Arbitration is that mediator always tries to reach a compromise while an arbitrator gives decision which is lawfully binding to both the parties.While Negotiation is very common and is used oftentimes as compared to Mediation and Arbitration, Mediation is the fastest means to as compared to the other two options. The cost incurred is solving the dispute is highest in Arbitration but depends on number of factors, but still, as compared to Mediation and Negotiation. While Arbitration is recognized by common law and the decision made by an arbitrator will uphold in tourist court of law, this is not true up in case of Mediation and Negotiation, but depends on the mutual agreement of the disputing parties. However, if agreed beforehand, the agreement reached via Mediation can also be binding for all the parties involved.Apart from these, Litigation is another dispute resolving technique, to which the disputing parties can resort to. This is a formal process in which the case of the disputing parties is taken to the court and the proceedings are held in public. Compared to Negotiation, Mediation and Arbitration, Litigation is a Slow, time consuming and a very expensive process, where the trials are held in public and there is no scope for confidentiality.THE POTENTIAL USE OF high-principled NEGOTIATION IN THE INDIAN reflection INDUSTRYNegotiation is a tool used by means of a dialogue between the two or more parties to resolve issu es, bargain or to carry out ones vested interests which can be broadly classified into needs, aspirations, fears and desires. Negotiation is classified into two typesPositional NegotiationPrincipled NegotiationPrincipled Negotiation is a relatively new phenomenon, which was coined in late 70s by Fisher and Ury. They gave quartet basic principles for the Principled Negotiation which are as under-.Separate people from the ProblemFocus in interests and not problemsInvent options for mutual gains get hold of among options by using objective criteriaCharles G. Fields has described Principled Negotiation as a 7 elements cloth namely Interests, Options, Legitimacy, Communications, Relationships, Commitments and Alternatives.INDIAN CONSTRUCTION INDUSTRY AND PRINCIPLED NEGOTIATIONAfter agriculture, construction welkin is the largest assiduity in India. India being a developing country and estimated to become the third largest economy by 2025, and with an economic growth rate of almost 7 %, there is a huge demand for the infrastructure and construction projects. each year, Billions of US$ are spent, both by public and private sector on construction and infrastructure protects. As the construction market is exploitation by leaps and bounds, so as the conflict and dispute, which then go to the court of law (litigation) to be resolved. The judicial framework of India moves at a very slow pace and is very expensive, and hence there is a need for an alternative.Principled Negotiation, on the other hand is much less time consuming and expensive as compared to litigation and also the relationships between the parties are also not destroyed and consequently the disputing parties reach to a fair to middling agreement. Due to this, not only Principle Negotiation technique but Alternate Dispute Resolution Techniques have a good potential in India.REFERENCES AND BIBLIOGRAPHYConflict online, available http//webhome.idirect.com/kehamilt/ipsyconf.html accessed 10 kinsfolk 200 9Gray, C. and Larson, E (2008) Project worry The Managerial Process, 4th ed., Boston McGraw-Hill.Fisher, R., Ury, W. and Patton, B. (1991) Getting to Yes Negotiating an Agreement without large in, Second Edition, Century Business, London.Fenn, P and Gameson, R (Eds) (1992), Construction Conflict Management and Resolutions, Chapman Hall, LondonTrust and conflict within virtual inter-organizational alliances a framework for facilitating knowledge sharing online, available http//www.sciencedirect.com/science?_ob=ArticleURL_udi=B6V8S-4CDJKMV-2_user=121749_rdoc=1_fmt=_orig=search_sort=d_docanchor=view=c_searchStrId=1111593104_rerunOrigin=google_acct=C000024058_version=1_urlVersion=0_userid=121749md5=5bf1d2dde69eccc5b0f0becb1595c3f9 accessed 12 September 2009Rahim, M. Afzalur , Toward a Theory of Managing Organizational Conflict. International Journal of Conflict Management, Vol. 13, nary(prenominal) 3, 2002. online Available http//ssrn.com/abstract=437684 accessed 12 November 2009Fern andez Jimenez de Cisneros, Inmaculada, Dorado, Miguel ., Martinez, Ines, Medina, Francisco J. and Munduate Jaca, Lourdes, Types of Conflict and Personal and Organizational Consequences. IACM fifteenth Annual Conference. online Availablehttp//ssrn.com/abstract=305068 or doi10.2139/ssrn.305068 accessed 12 November 2009