DISTINGUISHING EXPECTATIONS

Transcription

1 FRAMING AN ADR MANDATE: DISTINGUISHING EXPECTATIONS AND OUTCOMES 2018 Alberta ADR Symposium 16 May 2018 Dr. Eva Malisius Associate Professor School of Humanitarian Studies Conflict Engagement Specialist Founder Center for Constructive Conflict

2 This morning Overview Opening + mapping Scope + example Options + practice Sharing + takeaways Image used under Creative Commons licence.

3 DR. EVA MALISIUS A little bit about me Core faculty in SHS since Oct 2012 Received 2015 Kelly Outstanding Teacher Award MA and PhD in International Relations (Kent) Conflict engagement, mediation, cultural competence Practitioner: Co-founded NGO to empower interethnic dialogue at the local level in postconflict areas through mediation Scholar: Conflict competence; transformative teaching and learning; norms, values, culture, and identity

4 OPENING + MAPPING

5 WHAT KIND OF ADR HELP EXISTS? ADR takes on various forms A structured process focused on a problem Process provided by a third party Aimed at settling dispute Common forms Mediation Arbitration Med-Arb Facilitated negotiation Conflict coaching What s the difference? How do I know what I need? Does it matter? Who decides? Just make it go away

6 WHAT KIND OF ADR HELP EXISTS? ADR spectrum focused on cost and self-determination Illustration taken from:

7 Figure taken from: Bishop et al (2015) 35 ADR spectrum focused on power, interests, and rights WHAT KIND OF ADR HELP EXISTS?

8 Figure taken from: adralberta.com (flyer) WHAT KIND OF ADR HELP EXISTS? All the things that happen here!

9 HOW DO YOU DETERMINE AN ADR MANDATE The challenge Terms for practices are used interchangeably Process, focus, and anticipated outcomes differ Expectations matter How do you frame a mandate from clients for particular services that distinguishes expectations and outcomes to be able to provide services accordingly? Image used under Creative Commons licence.

10 HOW DO YOU DETERMINE AN ADR MANDATE How the request comes in may determine the mandate here is the scope to explore! Image used under Creative Commons licence.

11 Image used under Creative Commons licence. SOME MAPPING: BETWEEN EXPECTATIONS AND OUTCOMES Your preferred ADR approach results in Concrete agreements Specified intentions

12 Image used under Creative Commons licence. SOME MAPPING: BETWEEN EXPECTATIONS AND OUTCOMES Your preferred ADR approach results in One time intervention Time-bound assistance

13 Image used under Creative Commons licence. SOME MAPPING: BETWEEN EXPECTATIONS AND OUTCOMES Your preferred ADR approach results in Change in relationships / system End of dispute / conflict

14 Image used under Creative Commons licence. SOME MAPPING: BETWEEN EXPECTATIONS AND OUTCOMES Your preferred ADR approach results in Focus on facts Focus on emotions

15 Image used under Creative Commons licence. SOME MAPPING: BETWEEN EXPECTATIONS AND OUTCOMES Your preferred ADR approach results in Building conflict capacity Resolving the issues

16 SCOPE + EXAMPLE

17 DISTINGUISH BETWEEN Formal contract for services Content contract addressing expectations, scope, goals For the purpose of: Trust building Communication Negotiating authority and decision-making Time commitment Costs (and benefits)

18 WHAT TO INCLUDE Formal contract for services Who is the contractor, who is involved in the process? Who pays, who participates? Goals, measures for success / anticipated outcomes Consider initial list of themes Timeframes and meeting schedules (phases and scope) Consider payment schedule Costs / payment for sessions and additional services (including preparation and follow-up) Termination Evaluation or assessment Implementation follow-up included?

19 WHAT TO INCLUDE Content contract addressing expectations, scope, goals Agreement on problem and purpose (draft becomes part of contract, basis for first session) Milestones, goals, measures for success Clarification of roles and expectations Who needs to be part to the contract? Who pays? Who needs to buy-in? Focus on trust-building Learning within the system and learning about relationships

20 FOCUS ON Understanding the nature of the conflict Identifying the parties (or disputants) within the structure Inquiring about relationships and anticipated timeframe Delving into the scope for change Exploring expectations of those involved Images used under Creative Commons licence.

21 CASE STUDY: Conflicts at General Hospital

22 OPTIONS + PRACTICE

23 HOW DO YOU GET FROM CASE TO MANDATE? Discuss at your table, explore options. Focus on Understanding the nature of the conflict Identifying the parties (or disputants) within the structure Inquiring about relationships and anticipated timeframe Delving into the scope for change Exploring expectations of those involved

24 PRACTICE A CLIENT CONVERSATION FRAME YOUR MANDATE 2 x 6 minutes

25 SHARING + TAKEAWAYS

26 REVIEW AND REFLECT When you think about an ADR mandate How clarify the nature of the conflict? How important is the system? What value is attached to the outcome? What expectations need to be met? How do you reach that ideal outcome? How do you measure success? How specific are you about the ADR services that you provide? Images used under Creative Commons licence.

27 WHAT STANDS OUT TO YOU? Share your personal take way

28 THANK YOU FOR COMING Good luck with your ADR practice and meeting client expectations through clear mandates! Contact: