INTERPERSONAL COMMUNICATION & CONFLICT MANAGEMENT:
A TRAINING MANUAL FOR LAW FIRMS
A Project
Presented to the faculty of the Department of Communication Studies
California State University, Sacramento
Submitted in partial satisfaction of
the requirements for the degree of
MASTER OF ARTS
in
Communication Studies
by
Corinne S. Wattenburger
SPRING
2014
© 2014
Corinne S. Wattenburger
ALL RIGHTS RESERVED
ii
INTERPERSONAL COMMUNICATION & CONFLICT MANAGEMENT:
A TRAINING MANUAL FOR LAW FIRMS
A Project
by
Corinne S. Wattenburger
Approved by:
__________________________________, Committee Chair
Dr. Edith LeFebvre
__________________________________, Reader
Dr. Mark Stoner
__________________________________, Reader
Dr. Gerri Smith
____________________________
Date
iii
Student: Corinne S. Wattenburger
I certify that this student has met the requirements for format contained in the University
format manual, and that this project is suitable for shelving in the Library and credit is to
be awarded for the project.
__________________________, Graduate Coordinator
Dr. David Zuckerman
Department of Communication Studies
iv
___________________
Date
Abstract
of
INTERPERSONAL COMMUNICATION & CONFLICT MANAGEMENT:
A TRAINING MANUAL FOR LAW FIRMS
by
Corinne S. Wattenburger
Lawyers typically work long hours under extreme pressure and have great
responsibility. Oftentimes the importance of interpersonal communication and conflict
management skills gets overlooked, which is truly unfortunate as their significance is
paramount. Allowing conflicts between employees to go unattended can cause a law
firm’s productivity to decrease and eventually come to a stop. As a communication
scholar who has witnessed the damage that is done when communication is treated
secondary within an organization, I felt the need to create a training program that
endorses conflict management while stressing its importance in relation to the success of
a flourishing law firm. Through the use of assessment devices, group discussion, and
handouts, it is anticipated that lawyers and staff members will improve their interpersonal
communication skills and have the ability to engage in successful conflict management in
an overall effort to ensure organizational goals are met and success is furthered.
_______________________, Committee Chair
Dr. Edith LeFebvre
_______________________
Date
v
ACKNOWLEDGEMENTS
I was able to complete this journey due to my incredible support system and there are
several people I would like to thank.
Thank you, Dr. LeFebvre, for your constant encouragement and devotion to ensuring my
success. I could not have achieved this feat without your time, guidance and support, and
for that I will forever be grateful.
Thank you, Dr. Stoner and Dr. Smith, for your support and flexibility, and for believing
in me. I am very appreciative of your time and dedication to my project.
Thank you to my dear friends for your understanding and support. The last few years
have not been easy and I could not have survived without your laughter and friendship.
Thank you to my brother and sister for your love, continual reassurance and
encouragement. I am extremely lucky to have you both as my siblings.
Lastly, thank you to my parents for your love, endless support, and words of
encouragement. You are my pillars of strength and I dedicate this master’s project to you
both.
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TABLE OF CONTENTS
Page
Acknowledgements ..................................................................................................... vi
List of Tables .............................................................................................................. ix
List of Figures ............................................................................................................... x
Chapter
1. INTRODUCTION ………………………………………………...…………….. 1
Literature Review...............................................................................................4
Interpersonal Communication ............................................................... 5
Listening ............................................................................................. 10
Conflict ............................................................................................... 14
Defining Conflict ................................................................................ 15
Principles of Conflict ...........................................................................16
Conflict Styles ......................................................................................21
Conflict Management.......................................................................... 23
Adult Learning Theory ....................................................................... 26
Needs Assessment .......................................................................................... 30
Needs Assessment Questionnaire ....................................................... 31
Participants for Needs Assessment ..................................................... 35
Project Justification......................................................................................... 36
Results from Needs Assessment ..........................................................36
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2. METHOD ..............................................................................................................41
Instructional Design .........................................................................................41
Participants for Training ................................................................................. 44
Duration of Training ....................................................................................... 46
Materials ......................................................................................................... 46
Limitations of Needs Assessment ................................................................... 46
Overview of Training Content ........................................................................ 48
Outline of Training Program ........................................................................... 49
3. TRAINING PROGRAM ...................................................................................... 51
General Considerations ................................................................................... 51
Trainer Qualifications ..................................................................................... 51
Before the Training ......................................................................................... 52
Trainer’s Manual ............................................................................................. 54
Appendix A. Needs Assessment .............................................................................. 108
References ................................................................................................................. 110
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LIST OF TABLES
Tables
Page
1.
Needs Assessment: Results for “Yes / No” responses………………………….36
2.
Needs Assessment: Results for “Other (please specify)” responses……………37
ix
LIST OF FIGURES
Figures
1.
Page
The Managerial Grid…………………………………………………………….22
x
1
CHAPTER 1
INTRODUCTION
For seven years I worked at a personal injury law firm that was managed by an
attorney who did not seem to value communication. He did not encourage company-wide
meetings bringing the employees together, rather, it seemed he preferred employees to
work feverishly and uninterrupted so as to produce a maximum amount of work. He
constantly appeared preoccupied and with a hidden agenda. There were no employee
handbooks or written office policy and procedures documents, and office morale seemed
to decrease every year as tensions festered due to ignored and disregarded conflict. I
recall three separate occasions where attorneys packed their belongings late after work
and left resignation letters on their desks only to be discovered in the morning. It seemed
these attorneys had worked to their breaking point and it was easier to quit than to face
their dreadful boss and deal with unresolved situations. It was commonplace to hear
employees complain they felt the boss did not value or appreciate them. Unfortunately,
this did not seem far from the truth given the time he explained to a fresh-faced newly
hired attorney who had recently passed the bar that clients were to be viewed as “little
piles of money” and the objective of each settlement was to increase the size of these
piles. It seemed the same scenario could be applied to his employees but with the
objective being to keep these piles of money shortly stacked.
Over the course of my employment with this law firm, the office environment
grew toxic, employee turnover was abundant, and a line between the boss and many of
the employees had been clearly drawn. It was evident collaboration and communication
2
were not valued by my boss. Had my boss truly understood the importance of
communication, and specifically conflict management within his law firm, office morale
would have potentially improved, employees would have perhaps worked harder and his
one true value of profit would have likely increased (Jones, 2009). As a communication
scholar who has witnessed firsthand the damage that is done when communication is
treated secondary within an organization, I felt the need to create a training program that
emphasizes conflict management and interpersonal communication while stressing their
importance in relation to the operation and success of a flourishing law firm.
Being a lawyer is a particularly stressful occupation. Lawyers typically work long
hours under extreme pressure and have great responsibility. On top of meeting time
sensitive deadlines and ensuring clients are satisfied, wise lawyers ought to also be aware
of office morale (Jones, 2009). While intermittent dips in morale are typical, consistent
morale deficiencies are detrimental to a law firm and “will absolutely decrease
productivity, increase our malpractice risks, decrease firm loyalty, increase stress and
incur a variety of other costs” (Jones, 2009, para. 3) to the firm. Several factors can
contribute to a decline in office morale, but a common morale buster is “allowing
tensions or conflicts between partners or other employees to go unresolved for an
unreasonable length of time” (Jones, 2009, para. 8). Failure to attend to and resolve this
conflict can cause a law firm’s productivity to decrease and eventually come to a stop.
Further, “communication difficulties arise from communication practices that … preclude
value debate and conflict” (Deetz, 2003, p. 610). As a result, this training program will
3
stress the importance of engaging in “productive conflicts and negotiations” (Deetz,
1995, p. 167).
Another common problem found in law firms that if ignored can be significantly
costly are poor interpersonal communication skills (Jones, 2003). Oftentimes the
importance of effective interpersonal communication within a law firm gets overlooked,
which is truly unfortunate as its significance is paramount. Each day, attorneys
communicate with an assortment of audiences including clients, peers, judges and staff
members. Lacking the ability to clearly and effectively express thoughts and ideas to
others and/or failure to appropriately listen to others, causes a breakdown in
understanding which can cause detrimental consequences to a business’s bottom line.
Fortunately, this can be greatly reduced and possibly eliminated by addressing and
improving the interpersonal communication skills of lawyers and their staff (Jones,
2003).
It is well known that working with colleagues and experiencing conflict are
inseparable (Tjosvold, 2008). Rather than spend time on fruitless efforts aimed at
avoiding conflict, why not devote a fraction of time and energy towards developing
constructive conflict management techniques? When addressing work conflict in a
constructive and cooperative manner, law firms can create an environment that
encourages the open discussion of conflicts. Organizations can be proactive by
recognizing the overall importance of conflict management and interpersonal
communication skills, and learn to manage conflict for the benefit of the organization
itself (Thomas, 1992).
4
This training program will link Communication Studies and the legal field by
establishing the existing need for effective conflict management and communication
within law firms. The productive side of organizational conflict will be discussed
including how it “enhances adaptation, growth, and stability of organizations; it guards
against groupthink; and it facilitates effective decision making through challenging
complacency and illusions of invincibility” (Putnam, 1994, p. 183). Additionally, the
advantages and benefits of addressing conflict and improving interpersonal
communication skills within law firms will also be discussed. Through the use of
assessment devices, lecture, group discussion, handouts and activities, it is anticipated
that lawyers and staff members will improve their interpersonal communication skills and
have the ability to engage in successful conflict management in an overall effort to ensure
organizational goals are met and success is furthered.
Literature Review
Sometimes the importance of conflict management and effective interpersonal
communication skills gets overlooked in organizations just as it was in the law firm
where I worked. Nonetheless, research concerning these topics is abundant within the
academic world. Following is a review of conflict and interpersonal communication
literature summarizing important concepts and developments within each subject.
Further, adult learning theory, or andragogy, is also reviewed as the training program was
created with the principles and tenets of andragogy in mind.
5
Interpersonal Communication
Poor interpersonal communication skills can be significantly costly if ignored
(Jones, 2003). Lacking the skills needed to successfully express thoughts and ideas to
others causes a breakdown in understanding, which can result in unwanted business costs.
Further, failure to recognize the importance of good listening skills can result in
unproductive employees and assignment confusion, ultimately hindering the success of
an organization. Ineffective interpersonal communication skills are a common problem
found in many companies and their significance is often disregarded (Jones, 2003). Given
that lawyers and legal staff interact with a variety of people every day, law firms can be
proactive by implementing training to address and improve the interpersonal
communication skills of all employees.
The importance of interpersonal and organizational communication has received
considerable attention from communication scholars. Likewise, organizations are
becoming increasingly aware of the benefits of effective communication (Hargie,
Dickson & Tourish, 2004). It can be argued that interpersonal communication itself is
inevitable, purposeful, transactional, multi-dimensional, and irreversible (Watzlawick,
Beavin & Jackson, 1976). Interpersonal communication is inevitable because in the
presence of others, one cannot not communicate. Even by saying nothing, one is still
making a statement and communicating nonverbally. It is purposeful because there is
usually a reason for the interaction with the participants pursuing definite goals. The most
efficient employees are aware of the goals they wish to achieve and of the next steps they
need to take in order to be successful. Interpersonal communication is also transactional
6
because as we interact we are sending and receiving messages simultaneously in a
continuous process. To be productive, managers and employees must concurrently
monitor their actions and reactions of each other as their instant responses are affected by
the ongoing behavior of each participant. Further, interpersonal communication is multidimensional, similar to conflict, as there is the actual content of the conversation yet there
is the relationship aspect of the conversation as well. An employee may be discussing a
work related topic with her manager and simultaneously executing impression
management by trying to present herself in the best light possible. Finally, it is important
to remember interpersonal communication is irreversible. Once a negative statement is
made it is difficult to retract it without leaving some sort of mess behind. Understanding
the magnitude and significance interpersonal communication plays in our daily lives is of
value. Implementing training and strategies to enhance one’s interpersonal
communication skills is beneficial not only to the organization but to the communicator
as well (Hargie, Dickson & Tourish, 2004).
The appropriateness of communicative behavior is judged by how well it
corresponds with situational rules (Spitzberg, 1983). If the behavior is deemed
inappropriate, then the offender is viewed as either deliberately defying social rules or
inadvertently breaking misunderstood rules. As the behavior is being judged, so is the
effectiveness of the communication. Communication is deemed effective if it
accomplishes a goal. For that reason, communication effectiveness is based on goaloriented behavior (McCroskey, 1982). For one to successfully perform appropriate and
7
effective communication, the ability to be flexible and adaptable when necessary is
essential (Bochner & Kelly, 1974).
Effective interpersonal skills allow individuals to reach these communication
goals and are essential in interactions with others. A major conclusion that has been
drawn suggests “communication skills are more important than ever before for business
success and that they will continue to be a critical component of the information society”
Bennett & Olney, 1986, p. 21). In 1986, Bennett and Olney executed a study that set out
to answer the question, “Are effective communication skills important for executive
success?” (p. 13). To answer this, they randomly surveyed 100 executives in Fortune 500
corporations across the United States. Results revealed that 93.5% of the respondents felt
effective communication skills would have a major effect on the upward mobility of
future executives. Results also indicated executives believed interpersonal, written and
oral skills were extremely significant within their present roles. Further, respondents
deemed company-taught training sessions to be the number one solution in dealing with
organizational communication problems. Based on their results, Bennett and Olney
(1986) suggested educators should offer a business communication course to all business
administration students as well as emphasize to students the importance of effective
communication skills in attaining executive success.
Over the past forty years, research has revealed numerous skills fundamental to
impressions of effective communication within interpersonal settings. As we know, skills
are differentiated from traits because they can be changed and enhanced with instruction
over time. Alternatively, traits are more or less stable qualities that cannot be modified
8
(Rubin & Martin, 1994). Rubin and Martin (1994) reviewed all interpersonal
communication competence (ICC) texts that had been published since 1990 and
identified ten skills generally agreed upon as important to ICC. The identified skills were:
self-disclosure, empathy, social relaxation, assertiveness, interaction management,
altercentrism, expressiveness, supportiveness, immediacy and environmental control.
From this investigation, the researchers then developed the Interpersonal Communication
Competence Scale (ICCS), a 30-item comprehensive and global measure of ICC. Results
from their instrument development study indicated that ICC is related to communication
satisfaction and various interpersonal communication motives. In particular, Rubin and
Martin (1994) looked at ICC in relation to communication flexibility. They found that
people high in ICC were more flexible in their cognition and communication as they were
better able to change and adapt to situations more so than those low in ICC.
The ICCS instrument developed by Rubin and Martin (1994) is useful when
teaching particular ICC skills, as it can be used to track skill development. In 1987,
Spitzberg and Hurt made a strong argument for the need to teach interpersonal skills in
communication classrooms, noting that a deficiency in such skills can lead to low
academic and occupational success. At the time, an instrument was needed to assess such
skill achievement over time. The ICCS developed by Rubin and Martin (1994) addresses
such a need. This instrument is useful to students and employees alike, as it is
comprehensive and effective for tracking skill development. According to Rubin and
Martin (1994), the “instrument can provide learning outcomes information on skill
improvement for interpersonal communication skills training” and “comparison of scores
9
pre- and post-instruction would provide evidence of skill enhancement as a result of
intervention” (p. 40). In addition, the instrument is also adjustable so that participants can
rate partners’ skills over time.
Research overwhelmingly supports the idea that committed employees produce
positive organizational outcomes such as productivity, dependability, better performance,
more organizational involvement and are less likely to quit (summarized in Bambacas &
Patrickson, 2008). Research also supports the notion that general characteristics of
communication such as satisfaction, climate, relationships with upper-level managers and
quality of communication enhances employee commitment (summarized in Bambacas &
Patrickson, 2008). While interpersonal communication skills of managers are important
in advancing employee organizational commitment, Bambacas and Patrickson (2008)
found that little research had been conducted to identify such needed skills. Therefore,
Bambacas and Patrickson (2008) conducted a study to identify the skills human resource
managers deem to be crucial for effective interpersonal communication.
Bambacas and Patrickson (2008) collected information from HR managers in an
effort to discover which interpersonal communication skills they look for in prospective
managers and which skills they expect their current managers to employ when creating
positive perceptions and commitments in employees. Results indicated that the top ten
skills that HR managers look for in candidates had to do with sending messages (clarity,
context, credibility, choice of language, tone, respect), listening, providing feedback, goal
setting, leading, persuading, running meetings, clarify expectations, conflict resolution
and empowering people (p. 58). The two most important characteristics for prospective
10
managers were successful message dispatching and effective listening. HR managers
considered it necessary for candidates to clearly articulate their ideas while also clarifying
the business context of their message. Source credibility was also important to HR
managers as they felt the source needs to appear believable, honest and transparent. As
for effective listening skills, active listening, body language and eye contact were
important indicators of effective listening to HR managers. Further, HR managers
expected their current managers to exhibit truthfulness, openness and honesty when
creating employee commitment to the company.
Listening
Ineffective listening is extremely costly to American businesses as it annually
results in billions of lost dollars (Gibbs, et al., 1985) and results in wasted money,
misused time, deflated morale and reduced productivity (Wolvin & Coakley, 1985).
Oftentimes employees are left feeling ignored, unhappy, and ultimately alienated from
management, all due to poor listening skills (Gibbs, et al., 1985). Gibbs, et al. (1985)
assert that the problems caused by inefficient listening are endless and the exact resulting
cost is immeasurable. However, all is not lost as researchers and practitioners have
achieved favorable results in their efforts to improve listening skills which indicates
effective listening can be taught (Gibbs, et al., 1985).
Effective verbal communication between participants requires collaboration
between speaker and listener. However, oftentimes people are busy “listening” to what
they are about to say rather than listening to what is being said to them. The true problem
is that “poor listeners are conditioned to equate talking with power. They do not seem to
11
realize that the person who is able to listen carefully, understand thoroughly, evaluate
logically, and react intelligently is the one who possesses the real power” (Gibbs, et al.,
1985, p. 30). Research shows that a person spends 70% of their waking time
communicating; of that time, over half is attributed to listening (Gibbs, et al., 1985;
Sypher, Bostrom & Seibert, 1989). While listening is the most frequently used
communication skill, it is the least taught (Gibbs, et al., 1985). To address this, Gibbs, et
al. (1985) identified various instructional techniques, activities and fundamentals of
active listening that can be taught alone or in collaboration to improve one’s listening
skills.
Gibbs, et al. (1985) recommend first administering a listening test such as the
Jones-Mohr Listening Test (Jones & Mohr, 1976) or a 10-item questionnaire by Vining
and Yrle (1980) to measure the level of listening skill and to provide feedback about
listening efficiency. The researchers also suggest implementing activities to build
listening skills. For example, have participants form small groups and take turns telling
the group about themselves. The listeners are assigned different tasks such as
paraphrasing or drawing inferences. Afterwards, each listener tells the group what he or
she heard. Another activity proposed by the researchers is to have participants discuss
times where they were supposed to be listening yet were distracted and what they did to
overcome this distraction. Commercially produced rating instruments and activities such
as these are helpful in educating and recognizing the seriousness of poor listening skills
(Gibbs, et al., 1985).
12
Being an engaged listener is an important communication skill to possess and
requires listeners to simultaneously juggle several tasks (Gibbs, et al., 1985). Listeners
must consciously exert effort when listening; they must resist distractions and seek
subjects of interest in what the speaker is saying. They must exercise their mind by not
avoiding complicated material and learn to judge the speaker’s content instead of delivery
or gestures. Additionally, they must avoid isolated facts by listening for central themes,
maintain open minds, and wait until comprehension is complete to assess the speaker’s
remarks. Further, listeners must be adaptable and selective in note taking while also
capitalizing on their thought speed (Gibbs, et al., 1985). Thought speed is used by an
effective listener to “mentally summarize what has been said, anticipate what will be said
next, listen between the lines, understand the nature of the arguments offered, separate
fact from opinion, weigh evidence presented, identify fallacies in reasoning, and draw
proper inferences” (Gibbs, et al., 1985, p. 30).
It is imperative to teach effective listening as it identifies listening abilities and
practices, develops skills and techniques to attain listening effectiveness, and creates an
overall awareness and understanding of how important effective listening is to personal
and professional success as well as the communication process itself. Furthermore,
listening instruction promotes critical thinking, facilitates learning and increases retention
(Gibbs, et al., 1985).
The listening ability of an employee has implications for the effectiveness of the
overall organization in addition to his or her personal success. Based on the importance
of listening within the organization, Sypher, Bostrom and Seibert (1989) sought to
13
investigate listening and how it relates to important organizational outcomes such as
upward mobility. The researchers found that listening is related to success at work as
employees who were better listeners were more upwardly mobile in the company and
held higher positions than those with less developed listening skills. They also found that
short-term listening with ‘rehearsal’ – which “prolongs the life of a stimulus in the shortterm system” (Sypher, Bostrom & Seibert, 1989, p. 294) – appeared to have the greatest
effect on level and upward mobility. By studying listening within the organizational
realm and gaining a better perspective on the role it plays, Sypher, Bostrom and Seibert
(1989) believe it can enhance one’s job performance, benefitting both the success of the
individual and the organization.
It is important to be a good listener. This means you are actually engaged as you
hear the other person and process what they are saying; you are not simply waiting for
your turn. In addition, it is important to promote effective interpersonal skills and
practices within one’s organization. Benefits for doing so include increased productivity,
better quality of services and products, more staff suggestions, higher levels of creativity,
greater employee job satisfaction, decreased absenteeism, reduced staff turnover, less
industrial unrest, fewer strikes, and lower costs (Hargie, Dickson & Tourish, 2004, p. 5).
Given that employees are an organization’s best asset, investing in the enhancement of
their interpersonal skills is not only necessary and warranted but also advantageous to a
business’s bottom line.
Lacking effective listening and interpersonal communication skills hinders not
only the employee, but the organization as well, and overlooking the importance of these
14
skills is unfortunate. Another hindrance to organizations that can have unfavorable effects
is the disregard or mismanagement of conflict.
Conflict
Conflict is “a stubborn fact of organizational life” (Kolb & Putnam, 1992, p. 311)
and oftentimes presents challenges which can affect career development (Wilmot &
Hocker, 2007). Conflict can transpire within an organization in a variety of ways
(Lewicki & Spencer, 1992) and if left ongoing and unresolved, tends to have negative
effects that reach far beyond merely those involved. Ignoring organizational conflict
altogether can lead to a decrease in employee productivity, the spreading of conflict to
others, and a decline in office morale. By acknowledging that conflict is a fact of life that
requires further examination, the damaging patterns of conflict are less likely to repeat
while more productive options can develop (Wilmot & Hocker, 2007).
Although the present outlook on organizational conflict is that it is necessary for
effective organizational functioning (George & Jones, 2005; Tjosvold, 2008; Rahim,
2011), there has always been debate among conflict scholars. As indicated by Kochan
and Verma (1983), the academic study of organizational conflict has progressed in fads
and circles. Early (pre-1950) managerial theories of organizations ignored the concept of
conflict altogether when proposing ways to structure organizations for maximum
efficiency (Lewicki & Spencer, 1992). The first group of scholars to even acknowledge
conflict existed were Likert (1961) and Blake and Mouton (1964). Although these
scholars recognized conflict, they were quick to suggest conflict could be reduced and
minimized through cooperation and collaboration by effective managers (Blake &
15
Mouton, 1964; Likert, 1961). Thomas (1976) also argued that collaboration was the most
useful answer when dealing with conflict and viewed other alternatives as being outright
obnoxious. In addition to these scholars, research by Pondy (1967) and Walton and
McKersie (1965) also contributed to changing how conflict was viewed within
organizations. Rather than being regarded as dysfunctional, conflict was now considered
a healthy process that needed to be managed and contained through forms of intervention
such as negotiation (Kolb and Putnam, 1992).
Defining Conflict
There are various definitions for the term conflict, and much of this confusion is
attributed to scholars from an assortment of disciplines all interested in studying this
concept (Rahim, 2011). While there is no single clear description, there appears to be
overlapping elements or themes found among the various definitions (Putnam & Poole,
1987; Thomas, 1992; Rahim, 2011). According to Putnam and Poole (1987), conflict
definitions generally include the following three themes: interdependence between
parties, the perception of incompatibility regarding the concerns of those involved, and
some form of interaction (as cited in Thomas, 1992). According to Wilmot and Hocker
(2007), conflict is defined as “an expressed struggle between at least two interdependent
parties who perceive incompatible goals, scarce resources, and interference from others
in achieving their goals” (p. 9). Some conflict researchers have cautioned against
attempting to define conflict without taking contextual circumstances into account, given
that it can be difficult to distinguish between true episodes of conflict and normal
everyday contradictions of social interaction (Kolb & Putnam, 1992).
16
Principles of Conflict
Conflict pervades all functioning areas within organizations and can occur in
countless ways (Tjosvold, 2008). Employees compete for recognition from their boss,
colleagues rival one another to become partner, departments compete for scarce
resources, communication breaks down, and contract specifications are disputed. These
are a few examples of the prevalence of conflict within a law firm. Scholarship suggests
modern organizations are overflowing with conflict as it is “a perennial feature of
organizations, always present in the crevices and crannies and just below the surface,
bubbling up occasionally as disputes in certain places are enacted according to particular
conventions and rule, across cultures and across diverse populations” (Kolb & Putnam,
1992, p. 315).
Yearning for a conflict-free work environment is an unrealistic illusion and
pretending to have one can be costly. It is more beneficial for organizations to understand
the nature of conflict and the skills needed to effectively use it (Tjosvold, 2008).
Acknowledging conflict is inevitable and viewing it more as a “fact of life” allows
employees to use their analytical skills to resolve conflict in constructive behaviors
(Wilmot & Hocker, 2007, p. 37). My training program will educate employees on the
notion of conflict and how to use it in beneficial ways, rather than expend effort in tactics
such as blame and avoidance.
The majority of people dislike conflict because of its negative implications and
their natural reaction is to avoid it. However, avoiding conflict can be a mistake as
conflict is not always negative. In fact, research suggests conflict can be beneficial to
17
organizations and that “avoiding and suppressing conflict reduces individual creativity,
decision quality in teams, product development, and communication between work
groups” (De Dreu, 1997, p. 9). Without conflict, organizations run the risk of becoming
stagnant with poor and ineffective decision making, given that parties do not challenge
and contest one another’s ideas (Rahim, 2011). A case can be made that stimulating
conflict can actually enhance individual, group or organizational functioning (De Dreu,
1997).
Conflict can be positive in the sense that it results in the construction of creative
solutions that would not have been produced otherwise. After reviewing organizational
conflict research, Rahim (2011) lists the following advantages and positive functional
outcomes of conflict that have been identified by scholars: 1) conflict may stimulate
innovation, creativity, and change; 2) organizational decision making processes may be
improved; 3) alternative solutions to a problem may be found; 4) conflict may lead to
synergistic solutions to common problems; 5) individual and group performance may be
enhanced; 6) individuals and groups may be forced to search for new approaches; and 7)
individuals and groups may be required to articulate and clarify their positions (p. 6).
Although engaging in conflict is undesirable and is often difficult, it can also bring
people together and help them to work effectively as a team. Overall, one can consider a
conflict as being productive if the participants view the benefits gained as outweighing
the costs (Deutsch, 1973).
Excessive conflict that is not properly managed can become dysfunctional and
destructive to an organization (Rahim, 2011). Conflict is deemed destructive when all
18
parties are unhappy with the outcome and believe they have lost as a result (Deutsch,
1973). Even though parties are unable to predict whether a conflict will ultimately end up
as being destructive, Gottman (1999) identified four communication behaviors that are
characteristic of destructive conflict (as cited in Wilmot & Hocker, 2007, p. 16). These
practices are criticizing, defensiveness, stonewalling and contempt, and Gottman refers to
these behaviors as the ‘four horsemen of the apocalypse’. It is important for
organizational members to understand that engaging in practices such as these are not
only damaging to the parties involved, but to the organization in general. My training
manual will help employees to recognize these destructive communication practices and
offer alternative practices that can be constructively implemented in their professional
and personal lives.
It is important to understand that communication in conflict is two dimensional:
there is a content (or topic) dimension and there is a relationship dimension. The content
dimension of the conflict is the actual topic of the disagreement. The topic can generally
be described in one or two words and conflict surrounding the topic usually involves
differences in perspectives, thoughts, and opinions (Jehn, 1995 as cited in Simons &
Peterson, 2000). The relationship dimension, on the other, hand refers to how each person
defines the relationship during the interaction. It is based on personal and social issues
(Jehn & Chatman, 2000). For example, say an office manager approached a supervisor
about implementing a new time off protocol for the company. The supervisor appeared
agreeable to the new protocol and told the office manager it would be rolled out and
implemented at the next company meeting. However, at the next company meeting, the
19
supervisor purposely made no mention of the new time off procedure; this resulted in the
office manager being angry at the supervisor. In this conflict, the content dimension of
the disagreement is the time off protocol itself. Yet, when analyzing the relationship
dimension of the conflict, the office manager is angry due to feeling deceived and
insignificant since there was no mention of the new protocol as promised. Most conflicts
are a result of how a relationship is defined during an interaction rather than the content
itself. When managing conflict, it is important to be aware of content and relationship
dimensions to help in identifying where the conflict resides.
Research has indicated the relationship dimension of conflict can have negative
effects on group satisfaction and group commitment (Simons & Peterson, 2000). Further,
it destructively affects group decision making quality in three ways. First, because group
members expend their time and energy focusing on each other, the information
processing ability of the group is limited. Second, the cognitive functioning of members
is also limited due to stress and anxiety levels. Third, at times the relationship dimension
“encourages antagonistic or sinister attributions for other group members’ behavior,
which can create a self-fulfilling prophecy of mutual hostility and conflict escalation”
(Simons & & Peterson, 2000, p. 103). Conflict that has a focus on the topic dimension
tends to have positive effects as it can encourage greater cognitive understanding of the
issue being discussed, which often results in better group decision making. Researchers
have found that topic dimension conflict actually leads to greater satisfaction with the
group decision because of the likelihood that group members had an opportunity to voice
20
their opinion on the issues at hand (Simons & Peterson, 2000). When inclusion of all
participants is demonstrated, relationships are defined with respect and value.
Understanding that conflict is two dimensional is extremely important as the
relationship between parties always has the potential of contributing to a conflict. As
such, conflict oftentimes is not the result of the content or topic at hand but rather a result
of how the relationship was defined among the parties. When determining whether
conflict is a result of the topic or the relationship dimension, Wilmot and Hocker (2007)
consider a good principle to be if the same “conflict occurs three times it isn’t about the
content” (p. 37). One should remember that the conflict could in actuality be about
power, self-esteem, division of labor, resentments from the past or other relational factors
not immediately present at the surface. Accordingly, the content and relationship
dimensions of conflict will be addressed in my communication training manual.
As previously discussed, conflict is a fact of organizational life. Although it is
inevitable, it can be positive in that it stimulates creativity and change while ensuring
organizations do not become stagnant with poor decision making. Because organizations
will experience conflict on a variety of issues, attempts to minimize or prevent conflict
are seldom successful. According to Rahim (1992), a “significant amount of human and
other resources are wasted because organization members work toward the elimination or
suppression of conflict” (p. xv). Not only is it fruitless for organizations to concentrate on
eliminating conflict altogether, but it is also important to recognize that not all conflict
can be resolved in the first place. Accordingly, sometimes it is in the best interest of the
involved parties to simply agree to disagree. For these reasons, conflict itself may not be
21
as problematic as the strategies implemented within organizations to deal with it
(Herrman, 2005). As a result, contemporary organizations can benefit from conflict
management that involves “designing effective strategies to minimize the dysfunctions of
conflict and enhancing the constructive functions of conflict in order to improve learning
and effectiveness in an organization” (Rahim, 2011, p. 46).
Conflict Styles
Conflict styles are “patterned responses, or clusters of behavior, that people use in
conflict” (Wilmot & Hocker, 2007, p. 130), and a person’s preference and basic
orientation to a particular conflict style is well established by the time he or she reaches
adulthood. Conflict styles research is abundant and as such, there are various models
when classifying styles, ranging from two-style approaches (Deutsch, 1990; Knudson,
Sommers & Golding, 1980) to five-style approaches (Follett, 1940; Blake & Mouton,
1964; Thomas, 1976; Rahim and Bonoma, 1979; Rahim, 1983). Because most trainers
and researchers focus on the five-styles approach (Blake & Mouton, 1964), this model
will also be emphasized in my training program.
One of the earliest and well-known five-styles approach to conflict behavior, the
managerial grid, was introduced by Blake and Mouton in 1964 (see Figure 1). Their
representation highlights individual’s responses to conflict and differentiates between a
manager’s concern for production (horizontal axis) and a manager’s concern for people
(vertical axis). Blake and Mouton (1964) devised a nine point scale with one representing
minimum concern and nine representing maximum concern. Further, they identified five
basic modes of handling conflict: competition (9,1), collaboration (9,9), compromise
22
(5,5), avoiding (1,1) and accommodation (1,9). A competitive style signifies a high
concern for production at the sacrifice of people; avoiding style represents the smallest
amount of concern for both production and people; and accommodation denotes a high
concern for people but at the expense of production. A compromising style is where the
needs of people and production are balanced. Finally, collaborative style represents the
highest concern for both people and production and is strongly recommended as being
the most productive and advantageous style in many conflicts. According to Bernardin
and Alvares (1976), numerous organizations have adopted the managerial grid to enhance
interpersonal effectiveness and develop leadership skills.
Figure 1 - The Managerial Grid (Blake & Mouton, 1964)
Other five-styles approaches (Rahim & Bonoma, 1979; Rahim, 1983)
differentiate conflict styles by classifying them against two basic dimensions: concern for
23
self and concern for others. The two dimensions depict the degree (high or low) that one
will attempt when satisfying either their own concern or that of others. In other words,
these dimensions “portray the motivational orientations of a given individual during
conflict” (Rahim, 2011, p. 27). Various combinations of the two dimensions produce five
specific conflict styles: integrating, obliging, dominating, avoiding and compromising.
Integrating involves high concern for self and the other. It deals with collaboration
between the parties to reach a solution. Obliging is low concern for self and efforts are
aimed to satisfy concerns of the other party. Dominating is low concern for other and
high concern with self and winning one’s position. Avoiding is low concern for self and
other. Lastly, compromising entails moderate concern for self and other. It is associated
with give-and-take in order to make a mutually beneficial decision. Because each of the
five styles may be appropriate for handling conflict depending on the circumstances, each
can be considered a win-win style given it is used to improve individual, group and
organizational effectiveness (Rahim, 2011).
Conflict Management
In order to achieve and sustain organizational effectiveness at an optimum level,
people must efficiently perform their jobs. In order for this to happen, constructively
managed conflict is necessary (Rahim and Bonoma, 1979; Tjosvold, 2008). As declared
by Tjosvold (2008), “Conflict management gets things done” (p. 22). It promotes
improved quality in team performance and reduces costs as employees feel they are able
to openly and constructively discuss their views. Internalizing frustration merely
produces negative burdensome feelings and prevents involved parties from jointly
24
working through conflict to create solutions. Neither the pain is shared nor the productive
experience of releasing pent-up feelings (Wilmot & Hocker, 2007). Ignored or
unmanaged workplace conflicts will resurface, oftentimes re-emerging in the form of a
lawsuit. Given that no organization wants to expend money to defend a lawsuit, it is
important for organizations to be proactive and implement conflict management practices
in their day to day activities.
It is possible to work in a group setting and never experience open disagreement.
This is because people will often do whatever it takes to avoid conflict, ignoring obvious
signs of differences and rushing forward as though nothing were wrong (Stech & Ratliffe,
1976). People refrain from engaging in conflict for various reasons, but typical reasons
include they feel the other “wouldn’t like it” or is not capable of dealing with the issue,
they do not feel empowered to engage the other in conflict, or they feel they lack the
skills needed to manage the conflict (Wilmot & Hocker, 2007). Understanding conflict
and implementing effective techniques to manage conflict are invaluable to all parties,
including the organization. When effective conflict management results in an ideal winwin outcome, the air is cleared and everyone involved has greater insight into the
situation and the relationships among participants (Stech & Ratliffe, 1976).
It is useful to denote conflict resolution differs from conflict management.
Resolution implies that the foundation for the conflict is eliminated while management
implies that although the stimulus for the conflict remains, feelings have been openly
expressed, change to some degree has occurred, and the group can continue to work
reasonably and effectively (Stech & Ratliffe, 1976). Always aiming for conflict
25
resolution is somewhat unrealistic, whereas conflict management is much more practical
(Stech & Ratliffe, 1976). Organizational conflict that is managed is beneficial to the
organization as it enhances organizational learning and effectiveness (Rahim, 2011).
Conflict management requires joint participation and is most effective when all
participants are working to make their conflicts mutually beneficial (Tjosvold, 2008).
Involved parties must be both “emotional and rational; they should express their feelings
but also develop their arguments rationally using deductive and inductive reasoning.
They must honestly express their views but do so in ways that encourage others to
express theirs” (Tjosvold, 2008, p. 23). Stech and Ratliffe (1976) identified the following
seven steps in conflict management: 1) everyone agrees to confrontation wherein the
problem will be dealt with openly and directly; 2) involved parties must be able to
express their views of the differences that appear to be causing the frustration; 3) parties
must be willing to state how much they have at stake in the conflict; 4) all parties must be
willing to change their own attitudes and behaviors rather than simply expecting others to
change; 5) parties must be able to discuss their vulnerable areas that they do not want
attacked during the confrontation; 6) discussion must continue until a position is reached
that seems acceptable to all participants; and 7) parties express their feelings about the
negotiated settlement and their willingness to live with it.
Conflict is an inevitable part of life. Understanding the principles of conflict,
recognizing destructive communication practices, and developing and implementing
constructive ways to manage conflict are advantageous to both the organization and its
employees.
26
Adult Learning Theory
Considering the participants of the training program will be adults employed at
law firms, it is important to discuss the principles and phases of adult learning. Adult
learning is defined as “the process of adults gaining knowledge and expertise” (Knowles,
Holton & Swanson, 1998, p. 124). Historically, there is a lack of research concerning
adult learning. This is surprising given the fact that the great teachers of ancient times –
Confucius, Aristotle, Socrates, to name a few – all taught adults and not children
(Knowles, Holton & Swanson, 2011). These renowned teachers viewed learning as a
process of mental inquiry rather than a passive transmission of knowledge; the latter
being the teaching concept that would go on to dominate formal education. This model of
education, labeled pedagogy, which means “the art and science of teaching children”
(Knowles, Holton & Swanson, 2011, p. 35), was the basis of the educational system in
the USA well into the 20th century. Only after the end of World War I, did people begin
to notice the unique characteristics of adult learners (Knowles, Holton & Swanson,
2011).
In 1950, Malcolm S. Knowles first introduced the idea that adults learn best in
“informal, comfortable, flexible, nonthreatening settings” (as cited in Knowles, Holton &
Swanson, 2011, p. 59). The term andragogy, which means “the art and science of helping
adults learn” (Knowles, Holton & Swanson, 2011, p. 59) was then introduced in the mid1960’s and is the direct opposite of pedagogy. Whereas the pedagogical model gives full
responsibility and decision making to the teacher, andragogy draws on intuition and
experience of the learner to analyze and uncover new information. The andragogical
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model is based on six core assumptions, each of which will be briefly explained. These
core principles are invaluable to adult educators as they create and shape a learning
course for adults. While each principle is applicable to all adult learning situations,
andragogy is best implemented when “it is adapted to fit the uniqueness of the learners
and the learning situation” (Knowles, Holton & Swanson, 2011, p. 3).
The first principle is the need to know. Research shows that before undertaking
something new to learn, adults will first expend considerable energy into determining the
benefits to be gained from learning and the negatives for not doing so (Knowles, Holton
& Swanson, 1998). As such, when it comes to adult learning, one of the very first tasks a
facilitator must perform is to help the learners become aware of the value and benefits
gained from learning the new task at hand. Once learners discover “the gaps between
where they are now and where they want to be” (Knowles, Holton & Swanson, 1998, p.
65), they become informed and aware of their need to know.
Second is the learners’ self-concept which refers to an adult’s need to be
responsible for one’s life and personal decisions (Knowles, Holton & Swanson, 1998).
Self-concept drives a deep psychological need to be viewed and considered by others as
capable of self-direction, causing adults to resist situations wherein they feel others are
imposing their authority upon them. Conversely, once adults enter a training or
educational activity, they tend to revert back to their conditioned behaviors that were
learned in previous school experiences; a role where they were dependent upon the
instructor. This role of dependence causes an internal conflict due to adults’ need to be
self-directed. As a result, adult educators cope with this by implementing learning
28
courses wherein adults are encouraged to be self-directed learners (Knowles, Holton &
Swanson, 1998).
Third is the role of learners’ experiences. Because adults have a significant
amount and different quality of experiences than children, their adult education is
influenced as a result. In any group of adults there will be a greater array of individual
differences than there would be in a group of youths. As a result, the richest resources for
learning exist within the adult learners themselves. Therefore, adult educators should
emphasize the experience of the learners by implementing techniques that “tap into the
experience of the learners, such as group discussion, simulation exercises, problemsolving activities, case method, and laboratory methods instead of transmittal techniques”
(Knowles, Holton & Swanson, 1998, p. 66). Finally, any emphasis on peer-helping
activities is greatly encouraged.
The fourth principle is readiness to learn. As adults move from one
developmental stage to the next, they become ready to learn the associated tasks that are
necessary in order to effectively cope with their current life situations. The importance to
adult educators is that the timing of learning experiences must coincide with the
developmental tasks. This ensures the learning experiences are relative and significant to
the adult learners (Knowles, Holton & Swanson, 1998).
The fifth principle is orientation to learning. Children and adults’ orientation to
learning differ greatly. Children learn by means of a subject-centered orientation,
whereas adults are life-centered (or task/problem-centered) in their orientation to
learning. Adults are “motivated to learn to the extent that they perceive that learning will
29
help them perform tasks or deal with problems that they confront in their life situations”
(Knowles, Holton & Swanson, 1998, p. 67). Further, adults’ best retain new knowledge,
skills, values, and attitudes when they are presented in real-life contexts and situations
(Knowles, Holton & Swanson, 1998).
Motivation is the final principle and refers to the various external and internal
motivators that adults respond to. Although adults are motivated externally by better jobs,
promotions, higher salaries and such, research shows that the most powerful motivators
are internal pressures such as greater job satisfaction, self-esteem, and quality of life.
While all normal adults are motivated to continue developing and growing, this
motivation is oftentimes obstructed by barriers such as lack of opportunities or resources,
time constraints, and programs that intrude upon the six principles of adult learning
(Knowles, Holton & Swanson, 1998).
Over time, the number of core assumptions of adult learning has grown from four
to six with motivation to learn being added in 1984 and the need to know being added in
more recent years. Originally in 1970, the models for pedagogy and andragogy suggested
pedagogy was bad and was for children, while andragogy was good and was for adults.
However, during the next decade teachers and professors reported that children and
youths seemed to learn better with implementation of some features from the
andragogical model. At the same time, a considerable amount of trainers and teachers of
adults reported the andragogical method did not work in a number of situations.
Therefore, educators are tasked with the responsibility of investigating which
30
assumptions and features of either model are appropriate for their given situation
(Knowles, Holton & Swanson, 1998).
Each segment of the preceding literature is an integral part in establishing a
foundation for my communication training program. Focusing on the interpersonal skills
of employees and how they manage conflict at work is of importance to communication
research and the organizational culture. Overlooking individual employee skills and
solely focusing on a business’s bottom line is fertile ground for developing low office
morale as well as the festering of conflicts. Although encompassing both aspects – the
communication skills of employees as well as the goals of the organization – can be
challenging, it is of great importance. Since people spend a majority of their time at work,
employing strategies to enhance positive and productive working environments is
essential. Because the interpersonal communication and conflict management skills of
employees are crucial to the output and effectiveness of a company, it should be taken
seriously and evaluated accordingly. Law firms and organizations in general, are sure to
benefit when focusing on their best assets: employees and the working environment.
Needs Assessment
It is impractical to propose a conflict management and interpersonal
communication skills training program to a law firm based exclusively on personal
experience and personal academic study. Therefore, a needs assessment had to be
completed in order to determine if this type of training is in fact necessary and warranted.
According to Lucier (2008), a needs assessment is the crux of any successful training
program as it ensures the training program is aligned with the skills and knowledge of
31
employees and an organization’s goals. As indicated by Beebe (2007), many
organizations are inclined to omit the needs assessment phase claiming additional time
and money expenses to the organization (summarized in Lucier, 2008). However, as is
the case in many instances, a needs assessment can transform “an original plan from one
of gut feeling to one of documented client need” (Lucier, 2008, p. 485).
In addition to indicating if this type of training is desirable, my needs assessment
also sought to identify if employees perceive there to be communication problems
surrounding the handling of office conflict, and if the open discussion of conflict with
peers, supervisors, and/or subordinates is encouraged. As we know, deficiencies in
interpersonal skills lead to social maladjustment and low academic and occupational
success which ultimately hurts the organization (Spitzberg & Hurt, 1987). Therefore, it is
safe to assume most, if not all, employees will benefit from interpersonal communication
skills training even if it is simply reinforcing skills already present. As you will see in the
Project Justification section, results from the needs assessment supported the notion for
this particular type of training among law firm employees.
Needs Assessment Questionnaire
When designing the needs assessment, I wanted it to be cost-effective, easily
accessible, and time efficient as I was sensitive to my potential participants’ time and
needs. I developed a questionnaire that consisted of ten questions: eight multiple choice
and two open-ended (see Appendix A). This questionnaire was created and administered
on the website Surveymonkey.com. For the multiple choice questions, participant
response choices were ‘Yes, No or Other (please specify)’. If ‘Other’ was selected, the
32
participant was required to provide a further explanation. I considered a ten question
survey would not be overwhelming to participants yet would provide me with enough
data to genuinely assess whether my training was needed. Following, I explain my
rationale for including each particular question in the needs assessment.
The objective of questions one (Do you ever have difficulty expressing ideas to
your colleagues?) and two (Have you ever received training on how to improve your
listening skills?) were to gauge the interpersonal communication skills of respondents. I
felt it important to include question one as I wanted to see if participants perceived there
to be difficultly in expressing ideas to colleagues. We know interpersonal communication
is extremely important and lacking the skills to articulate thoughts and ideas to others
causes a breakdown in understanding, which can result in unwanted business costs
(Jones, 2003). The goal of this question was to assess whether or not participant’s
generally felt restricted when expressing themselves to colleagues. I included question
two to assess if respondents had ever received training on how to improve their listening
skills. As previously stated, listening skills are the most frequently used communication
skill, yet are also the least taught (Gibbs, et al., 1985). As such, I anticipated
incorporating training on becoming an effective listener in my program. Question two
was included to ensure the need was still relevant for this particular training.
Questions three through eight were included to assess aspects of office conflict. I
included question three (Do you perceive there to be any communication problems within
your firm surrounding the handling of conflict?) as a direct way of asking participants
whether or not they perceived conflict management training to be necessary. My
33
assumption being if the majority of respondents answered “yes” to this question and felt
there were communication problems regarding the management of conflict, then perhaps
my training could be considered necessary. Questions four through six (4. Do you feel
comfortable addressing conflict with your peers?; 5. Do you feel comfortable addressing
conflict with your supervisors?; 6. Do you feel comfortable addressing conflict with your
subordinates?) were included as a way of shaping the training design. I was curious to
see if results would show a higher frequency of “no” responses to any one of these three
questions in particular. For example, if a majority of respondents felt uncomfortable
addressing conflict with their supervisors, I would ensure the training program had a
larger focus on conflict management techniques and scenarios that empowered
employees, providing them with tools to approach management when there is a
disagreement.
An important benefit from a needs assessment is ensuring “the training plan is
aligned with employees’ knowledge and skills and the organization’s objectives” (Lucier,
2008, p. 483). As a result, I felt it necessary to include question seven (Does your law
firm currently have a policy in place concerning office conflict management?). For this
needs assessment, I wanted to get an idea if this is something that is common and will
likely have to be incorporated into training for specific law firms. Once informed, I can
then incorporate the guidelines into my training and/or ensure my training coincides with
company policy. Further, if respondents from a particular law firm have mixed responses
on whether or not their firm has a conflict management policy in place, I can use my
34
training as an opportunity to provide clarity as well as inform them on the importance of
being familiar with the policy.
There will always be people who are resistant to change and training in general. It
is important to realize “inviting skeptics to the table…minimizes the risk of their resisting
and derailing the problem” (Gourlay & Soderquist, 1998, p. 9). I included question eight
(Are you open to participating in a half-day conflict management workshop?) as a means
of assessing the amount of naysayers I could anticipate for my training program. If there
is a high frequency of “no” responses, I will be expecting them at the training and will
make every effort to include them and ensure they have a voice.
The final two questions on the questionnaire are open-ended as I wanted
participants to use their own words when responding. This way I could evaluate each
response and look for emerging themes. Questions one through eight are closed questions
and were included because I, the researcher, consider them important as they give me
direct information about my specific concerns. Questions nine (Why do you like working
at your law firm?) and ten (What could be changed to improve your working here?) were
asked so as to elicit responses from participants to reveal what is on their mind. These
questions do not lead the participants to answer in any preconceived way and they allow
a wide range of information respondents can give (Frey, Boton, Kreps, 2000). Openended questions provide rich data with individual perspective and firsthand stories.
This needs assessment was created to evaluate whether or not there seems to be a
basic need among law firms for interpersonal communication skills and conflict
management training. Results from this needs assessment helped to create a general
35
training program found in Chapter Three. In the future, I expect to modify the generic
training program to cater to the needs of specific law firms based on results from their
applicable needs assessments.
Participants for Needs Assessment
The intended recipients of my training are law firm employees; therefore, law
firm employees were also the desired participants of the needs assessment. In particular, I
wanted to assess employees from an assortment of legal positions as well as from
differing law specialties in an effort to broaden my sample and to discover, generally
speaking, if this type of conflict management and communication skills training was
considered necessary. To find law firm employees willing to complete my questionnaire,
I reached out to personal contacts that I had known from when I used to work in the legal
field. The beauty of networking is that before I knew it, I had several contacts to get in
touch with from various law firm practices. I contacted each person, introduced myself
and relayed how I obtained their information. I told them I was a graduate student
looking to obtain data for my thesis project and asked if they would be willing to
complete an anonymous self-administered questionnaire. Once they verbally agreed to
complete the questionnaire I emailed a link to the needs assessment that I uploaded to
SurveyMonkey.com. Each contact I spoke with stated they would also forward my email
containing the questionnaire link to their co-workers they believed would also be willing
to complete the questionnaire.
Although my questionnaire did not contain any identifying questions such as a
participant’s job title, I was able to ascertain through conversation with the initial contact
36
person, that employees from various positions within a law firm completed the survey.
Participants included titles such as attorney, legal secretary, investigator, receptionist, law
firm clerk (law student), legal analyst, and auditor. In addition, the participants came
from a wide range of law practice areas such as personal injury, business and real estate,
labor and employment, and education law. It was important to include participants from a
wide range of law practices and job positions as I wanted responses from several different
firms to obtain general feedback to assist in creating a generic training manual; one that I
expect to tweak in the future for the needs of any particular law firm.
Project Justification
Results from Needs Assessment
A total of 15 questionnaires were completed and used for data analysis purposes
and the average time it took a participant to complete the survey was 6.47 minutes. The
frequency distribution of “Yes / No” responses to questions one through eight is provided
in Table 1. The written responses participants provided when choosing “Other (please
specify)” for questions one through eight are displayed in Table 2.
Table 1
Needs Assessment: Results for “Yes / No” responses
Yes
No
Q-1: Difficulty expressing ideas?
7% (n= 1)
86% (n= 13)
Q-2: Previous listening skills training?
46% (n= 7)
54% (n= 8)
Q-3: Problems with conflict?
80% (n= 12) 13% (n= 2)
Q-4: Comfortable addressing conflict w/peers?
73% (n= 11) 13% (n= 2)
Q-5: Comfortable addressing conflict w/supervisors?
80% (n= 12)
7% (n= 1)
Q-6: Comfortable addressing conflict w/subordinates? 47% (n= 7)
27% (n= 4)
Q-7: Current conflict policy in place?
20% (n= 3) 80% (n= 12)
Q-8: Open to participating in conflict workshop?
53% (n= 8)
40% (n= 6)
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Table 2
Needs Assessment: Results for “Other (please specify)” responses
Q-1: Difficulty expressing ideas?
Depends on the subject and my own
knowledge base of the subject.
Q-2: Previous listening skills
N/A
training?
Q-3: Problems with office conflict?
Only when conflict goes unreported for too
long.
Q-4: Comfortable addressing
Sometimes, depends on the individual;
conflict w/peers?
Depends on the individual.
Q-5: Comfortable addressing
Sometimes; I do not have any supervisors.
conflict w/supervisors?
Q-6: Comfortable addressing
Sometimes; Depends upon the topic; I do not
conflict w/subordinates?
have any subordinates; N/A
Q-7: Current conflict policy in
N/A
place?
Q-8: Open to participating in a
Depends upon date, time, and cost.
conflict workshop?
Data analysis provided useful insights and overall, the results suggested a few
findings. First, in regards to the interpersonal communication skills of respondents, 86%
(n= 13) do not feel restricted when expressing ideas to colleagues and 46% (n= 7) have
actually received training on how to improve their listening skills. As a Communication
Studies researcher, it is encouraging that respondents self-reported feeling competent in
their communicative abilities and that some have actually received listening skills
training. At the same time, more than half (54%; n= 8) have never received listening
skills training, which suggests the need for training to become an effective listener is still
relevant. Acquiring additional communication training would only reinforce and
strengthen skills that are already present.
38
Responses to question three, which asked if respondents perceived there to be any
communication problems surrounding the handling of conflict, produced the strongest
results as 80% (n= 12) indicated they perceive there to be communication problems.
Further, there was one person who responded “Other” and the reason specified was only
when conflict goes unreported for too long. I interpret this particular response as also
supporting the need for conflict management training, as it implies conflict, in the past,
has gone unreported for some time and therefore became a problem. It should be noted
that respondents who chose “Yes” did not have the opportunity to state why exactly they
perceive there to be communication problems within their firm. Therefore, in the training
program I would like to explore why they believe this to be true so that appropriate
conflict management strategies can be implemented in an effort to help resolve this
perception.
Findings also revealed a large number of people (80%; n= 12) feel comfortable in
addressing conflict with their supervisors. While these results were not anticipated, I find
it reassuring that law firm employees feel empowered to discuss conflict with their
supervisors. On the other hand, a majority of respondents (73%; n= 11) find addressing
conflict with peers to be uncomfortable. This finding helps to shape the training program
as there will be a strong focus on peer-related conflict management.
In response to the question asking if there is a current conflict management policy
in place, the majority of responses were negative (80%; n =12). Nonetheless, when
assessing an individual law firm, the training program will need to incorporate the current
policy of the law firm if applicable.
39
While the majority of respondents (53%; n= 8) indicated they would be willing to
participate in a conflict management workshop, there were a few respondents (40%; n=
6) who stated they are unwilling to participate. From these findings, perhaps it can be
considered there will always be employees who are resistant to change or they do not
believe change is necessary. These findings reinforce the notion of how important it is for
the trainer to embrace the skeptics. Giving a voice to employees who are unwilling to
participate will help reduce the chances of disrupting the training program altogether.
As for the open-ended questions, many responses to “What could be changed to
improve your working here?” concerned increasing benefits, a change in working hours
and/or increase in salary – none of which pertain to my training program. However, there
were three responses that are useful and can be incorporated into the training. Participants
responded by stating:
#1: More consequences to co-workers that do not contribute to the work load.
#2: Clear and written policies and procedures.
#3: More morale building and more demonstration of leadership.
According to Wilmot & Hocker (2007), a basic option for approaching a conflict is to
“change your communication and/or perceptions” (p. 210). This is because by “changing
what you do and what you think about the other will quickly and profoundly affect the
conflict elements in the relationship” (p. 211). By incorporating conflict management
approaches such as this into the training program, I believe it will help to address beliefs
such as response #1.
Expressing the importance of communication within a firm, whether it’s in the
form of written policy and procedure documents or through interpersonal
40
communication, will play a large role in my training program. This need for clear and
articulate organizational messages, both written and spoken, is also desired by employees
as indicated in response #2. Finally, as we know, a common morale buster is “allowing
tensions or conflicts between partners or other employees to go unresolved for an
unreasonable length of time” (Jones, 2009, para. 8). Response #3 indicates the need for
positive office morale which we know is very important for the efficient functioning of
an organization.
Participant responses to “What could be changed to improve your working here?”
varied from pleasant colleagues, challenging work, and able to perform work at own
pace, to I own the firm and call the shots. While there were common threads found
among responses, none remarkably provided insight nor had much influence in regards to
the design of the training program.
Overall, findings from the needs assessment questionnaire can be interpreted to
support the need for conflict management and interpersonal communication skills
training among law firm employees. Although personal experience from working in a law
firm created the assumption that this particular type of training was needed, data analysis
revealed it appears this assumption can be considered valid and warranted. Results from
this particular needs assessment helped to shape the training program found in Chapter
Three. Next, Chapter Two will discuss the instructional design and particulars of the
training program.
41
CHAPTER 2
METHOD
The need for interpersonal communication skills and conflict management
training within law firms was established in Chapter One by means of administering a
needs assessment questionnaire to various law firm employees from an assortment of law
firm practices. Relevant literature regarding conflict management, interpersonal
communication, and adult learning theory was also examined and discussed. Chapter
Two will focus on particulars of the training such as instructional design, participants,
duration, and materials. Limitations of the needs assessment will be discussed and a brief
overview of the training content and outline of the training course will also be provided.
Instructional Design
The principles and tenets of adult learning theory provide for the instructional
design of this communication training program. Seeing as adults expend considerable
energy into first determining if a new learning experience is worthwhile (Knowles,
Holton & Swanson, 1998), introduction to the training will be used to establish the
context for the program, to discuss the learning objectives and potential benefits to be
gained, and to bring the participants “into the know” (Lucier, 2008). Because it is
important for adults to feel a sense of responsibility for their lives and personal decisions
(Knowles, Holton & Swanson, 1998), self-directed learning and collaborative learning, a
“method of learning in which individuals work together in small groups toward a
common goal” (Lucier, 2008, p. 483), will be encouraged throughout the training.
42
Utilizing a collaborative approach rather than imposing authority on participants
will be promoted since “professionals typically resist formal, bureaucratic control of their
behavior” (Tolbert, 1988, p. 105). For example, group discussions that draw upon the
experiences of the participants and their individual knowledge will be implemented as
“professional members of an organization with diverse educational backgrounds may
bring very different attitudes as well as skills to their work” (Tolbert, 1988, p. 105).
Additionally, when participants “engage each other, try out new ideas, and work together
to answer significant questions, they experience the benefits of a community of learners”
(Stoner & Ah Yun, 2010, para. 1). Plus, adults’ best retain new knowledge and skills
when they are presented in real-life contexts and situations (Knowles, Holton &
Swanson, 1998). Most of all, when training adults it is important for the trainer to
remember that facilitating is more fruitful than is constant lecturing (Beebe, 2007).
Continuous lecturing will merely exceed the participants’ memory capacity. Instead, it is
more beneficial if the trainer cultivates participant processing of new information rather
than the absorption of information (Stoner, 2005).
In addition to the six core assumptions of adult learning, there are four phases of
the adult learning planning process which are need, create, implement and evaluate
(Knowles, Holton & Swanson, 1998). Need is determining the particular learning that is
required in order to achieve a goal; create is generating a strategy and the necessary
resources in order to achieve the learning goal; implement is putting the learning strategy
into play and using the learning resources; and evaluate is assessing the process and
43
attainment of said learning goal (Knowles, Holton & Swanson, 1998). The above four
phases of the adult learning process are executed in this training in the following way.
First and foremost, the need for this particular type of training among law firm
employees transpired from personal experience and was established via the needs
assessment in Chapter One, as findings suggested there appears to be a need for this
training. The second phase of the planning process, create, began with the review of
literature pertinent to this master’s project. The literature review combined with the
results from the needs assessment provided the resources necessary for producing a
strategy to achieve the learning goal: an interpersonal communication skills and conflict
management training program – a program that will be revealed in Chapter Three. The
third phase of the planning process, implement, showcases the “produced strategy” and
the acquired learning resources, and will occur when the training is conducted by the
trainer and subsequently received by participants.
The final phase, evaluate, will take place when the overall training program is
assessed by participants through the use of an evaluation form at the conclusion of the
training. In order to obtain insightful and constructive feedback, the evaluation form will
include specifically crafted open-ended prompts wherein “the syntax of the prompts
features the participants’ perspective” (Stoner, 2005, p. 4.3). It is anticipated the
questions on the evaluation form will elicit beneficial feedback that can assist the trainer
in revising and improving the training program.
44
Participants for Training
As a result of personal experience and personal academic study, the idea for my
master’s project naturally gravitated towards the legal profession, as I was interested in
linking Communication Studies and the legal field. As such, the participants of this
interpersonal communication and conflict management training program will be law firm
employees, all holding various job titles. It is important to note the innate organizational
culture generally found within law firms. As many are aware, the practice of law itself is
inherently demanding and stressful (Mason, n.d.). According to a John Hopkins
University study, researchers found that lawyers lead the nation with the highest
incidence of depression (Eaton, 1990). Further, the American Bar Association estimates
that 15-20% of all U.S. lawyers suffer from substance abuse or alcoholism and are at a
greater risk for suicide than the general population (Jones, 2001). In 2002, Law Professor
Lawrence Krieger wrote:
There is a wealth of which should be alarming information about the collective
distress and unhappiness of our [law] students and the lawyers they become. We
appear to be practicing a sort of organizational denial because, given this
information, it is remarkable we are not openly addressing these problems among
ourselves at faculty meetings and in committees, and with our students in the
context of courses and extracurricular programs. The negative phenomena we
ignore are visible to most of us and are confirmed by an essentially unrebutted
body of empirical findings. (p. 112).
Unfortunately, the above facts and assertions are not surprising given the stress
and innate burdens found within the legal profession. Accounts of law student and lawyer
depression are rampant. Typically, lawyers work long hours under intense pressure, have
great responsibilities and a heavy workload (Gautam, 2006). The legal culture in itself
“encourages patterns of perfectionism, competition, and adversarial behaviors” which can
45
ultimately lead to conflict and disarray (Howerton, n.d.). When combining incessant
office stress with either health problems or tension within one’s personal life, the “odds
for stress-related and dependency problems increase astronomically” (Jones, 2003). Even
when confronting substance abuse problems or depression, many lawyers refuse to stop
and take a careful look at the role their organization could have played in leading towards
this path of destruction (Jones, 2003).
Given that the legal profession is inherently stressful and promotes various
behaviors and patterns that can potentially bring about conflict, I believe this is further
justification why there is a need for this particular type of training. Although this training
by no means will resolve any dependency or depression related problems in the legal
industry, it is hoped it can nonetheless help lawyers and staff members to alleviate stress
related to conflict and lack of interpersonal skills through skill enhancement and building
a general knowledge base of the topics at hand.
Participants for this particular training should be relatively easy to locate. As of
February 2014, there are over 248,000 members of the State Bar of California making it
the largest state bar in the country. Of these members, 180,000 are active attorneys
practicing law (State Bar of California). When I searched “all law firms in Sacramento”
on Yahoo, results indicated there are over 3,000 law firms. In addition to the active
attorneys, comes their legal support staff, which suggests the state of California is an
abundant source to locate participants and promote this type of training, provided the
need has been established at each law firm.
46
Duration of Training
The conflict management workshop can be modified to be either a half day
training or full day training – depending on participants, needs of the group, and needs of
the organization. Considering no training will go completely as planned, the training
package has been separated into two main modules which are then sub-divided into
various smaller training blocks (see Outline of Training Program). Breaking the training
up into smaller blocks allows the trainer to modify the training as necessary to meet time
constraints or to meet participant, group and organizational needs more effectively.
Above all, it is most important for the trainer to start promptly on time and end promptly
at the designated time, no matter what is left on the agenda (Stoner, 2005).
Materials
Materials needed for the training include a chalk board, white board or flip chart,
and writing utensils. Depending on the size of the training class, there needs to be enough
tables and chairs for all participants. The size of the room also needs to be spacious
enough to allow for movement of chairs for group activities. As far as activities, the
training program comes complete as all handouts, lectures, exercises, etc. are included
and will be provided to participants by the trainer.
Limitations of Needs Assessment
It should be noted the needs assessment questionnaire is limited in several
aspects. First, the sample size is small as only fifteen participants responded to the
questionnaire. A significantly larger sample size is favorable as it would potentially yield
stronger and more compelling results. Second, there are only ten questions and all data is
47
self-reported. Using self-report methods for data collection is limited within itself as
people may provide inaccurate information. Further, people have the tendency to answer
questions in socially desirable ways (Frey, Boton, Kreps, 2000). For example, when
participants responded to the questions concerning how comfortable they were in
addressing conflict with peers, supervisors, or subordinates, even if they did not feel
comfortable, they may not have wanted to admit it. In the future, a much more elaborate
data assessment is ideal; one that uses in-depth probing methods such as interviews and
observation.
Another limitation with regards to the needs assessment questionnaire is that no
terms were conceptually defined. For example, asking if respondents feel “comfortable”
addressing conflict is allusive. If a questionnaire is to be used again, I would suggest
using specifically defined concepts. Further, one may wish to use more behavioral terms
rather than affective terms. For example, instead of asking if respondents feel
comfortable addressing conflict, the following question could be asked: Are you likely to
address a conflict with your supervisor? Another example is instead of asking if
respondents have difficulty expressing ideas to colleagues, the following question could
be asked: Do you convey clear, articulate messages to your colleagues? Including more
behavioral terms is a better way of assessing what respondents do rather than what they
believe or feel. Yet again, the best way to assess this would be through direct observation.
Therefore, in the future, an ideal needs assessment would include a mix of measures such
as questionnaires, interviews and observation.
48
Overview of Training Content
When designing an effective training course, it is essential to keep particular goals
in mind. Following are three constant goals of training as presented in a basic map
(Stoner, 2005, p.1.1):
It is important to cultivate maximum skill development in every training session rather
than simply provide information to participants, as the training should be used to develop
and enhance skills. Further, training sessions should help participants “connect the work
in the session with the life context the training is intended to enhance” (Stoner, 2005, p.
1.1) to warrant maximum transfer. By incorporating training formats such as case studies,
role playing, collaborative problem-solving and peer discussions, participants are better
able to transfer learning from the training session to the workplace (Stoner, 2005).
Finally, “executive control” means “controlling one’s execution or implementation of
skills” (Stoner, 2005, p. 1.1). A trainer ought to provide enough theory behind the skills
49
being taught so that participants not only comprehend the new skill but are able to make
adjustments as necessary in the workplace (Stoner, 2005).
The curriculum of the training program in Chapter Three was designed with the
above three goals in mind in hopes of ensuring maximum learning and retention for
participants. Additionally, since leading training programs have a “precise set of
articulated goals for the training curriculum as well as for individual sessions” (Stoner,
2005, p. 1.3), specific goals will be conveyed throughout the training program.
Introduction to the training will state the overall learning objectives and each individual
training block session will state its own purpose and goals.
Outline of Training Program
The training program in Chapter Three functions as an instructor’s guide. It
contains all the items necessary for a training to be successfully conducted. Following is
a brief outline indicating how the training will be structured:
I.
Introduction to training
A. Overview of unique organizational culture of law firms
II.
III.
Overview of learning objectives
Module 1: Interpersonal Communication
A. Communication principles
B. Importance of effective interpersonal skills
1. Interpersonal Communication Competence Self-Assessment
C. Active listening
1. Listening test assessment
50
2. Listening Styles Inventory
IV.
Module 2: Conflict Management
A. Conflict principles
B. Benefits of organizational conflict
C. Communication behaviors characteristic of destructive conflict
D. Conflict styles
1. Five-styles approach
2. Thomas-Kilmann Conflict Mode Instrument (1976)
E. Conflict resolution vs. conflict management
V.
Conclusion
A. Review of main points
B. “Prescription for Change” worksheet
C. Feedback worksheet
D. Recommended future reading
51
CHAPTER 3
TRAINING PROGRAM
General Considerations
The following training program is ready to be utilized by a trainer as it is
complete with lectures, discussions, activities, hand-outs and worksheets. It can be
modified to be either a half day training or full day training – depending on participants,
needs of the group, and needs of the organization. The introduction welcomes the group
and states the purpose. The goal and learning objectives of the training program are
listed, as well as each individual training session states its own purpose and specific
goals; each of which should be read and visually shown by the trainer at the beginning of
each session. All handouts and worksheets are included in the back of the program and
can be duplicated by the trainer and subsequently handed out to participants at the
training.
Trainer Qualifications
Trainers presenting this program must hold certain qualifications. The trainer
must possess strong and effective communication skills which is especially important
when training adults. An educational background in training is beneficial, but not
required. However, the trainer must hold a baccalaureate degree in a related field;
preferably, the trainer will possess a master’s degree. Finally, the trainer must understand
and be able to apply principles of adult learning to the training to encourage success.
It is important for the trainer to use a collaborative approach and facilitate group
discussions that draw upon participant’s experience in an effort to relate material to real-
52
life contexts and situations (Knowles, Holton & Swanson, 1998). The trainer should be
prepared to ask additional questions and adjust the program at a moment’s notice so as to
facilitate the richest discussions and learning experiences for the participants. Further, the
trainer should be active in soliciting responses, examples, and general participation from
organizational members with varying job titles to ensure discussion is well-rounded.
Before the Training
Once hired by an organization to conduct the training program among its
employees, a trainer should find out as much as he or she can in regards to the law firm.
Learn about the organization by reviewing the company’s website and asking pertinent
questions to appropriate organizational members. Remember that one can never be too
prepared and that exerting time and effort in preparations only increases one’s chances
for a successful training. It is strongly recommended that a customized needs assessment,
as discussed in Chapter Two, is completed prior to implementing this training program.
According to Lucier (2008), a needs assessment is the crux of any successful
training program as it ensures the training program is aligned with the skills and
knowledge of employees and an organization’s goals. As indicated by Beebe (2007),
many organizations are inclined to omit the needs assessment phase claiming additional
time and money expenses to the organization (summarized in Lucier, 2008). However, as
is the case in many instances, a needs assessment can transform “an original plan from
one of gut feeling to one of documented client need” (Lucier, 2008, p. 485). Therefore, it
cannot be stressed enough that a trainer administer a needs assessment prior to training
53
and use the results to modify the following training program to better fit the needs of the
law firm.
54
Effective Communication Training for Law Firm Employees
Interpersonal Communication & Conflict Management Training
By Corinne S. Wattenburger
Trainer’s Manual
55
Table of Contents
Page
1.0 Introduction…………...……………………………………………………..………56
2.0 Learning Objectives..……..…………….…………………………...……………….57
3.0 Module 1: Interpersonal Communication...………………………………..…….…..58
4.0 Module 2: Conflict Management………………………………………………….....68
5.0 Conclusion…………………..……………………………………………………….79
Recommended Future Readings…………………………………………………………80
Training Program References…………………………………………….…...…………81
Training Program Appendices……………..……………………………….……………84
56
Interpersonal Communication Training & Conflict Management:
A Training Manual for Law Firms
1.0 Introduction
Welcome everyone to the training program. Introduce yourself; explain how you became
a trainer and why you enjoy doing this particular type of communication training. Refer
participants to the agenda handout (see Appendix 1) so they know what to expect.
Explain there will be breaks throughout the training as you see fit (15 minute break at a
time that seems most appropriate – it will likely be prior to starting module 2. Several
five minutes breaks may be necessary so as to not “lose” the participants.)
Introduce Purpose of Training
As adult learners, we are generally interested in the how and what we are learning more
than about grades. We also tend to be more concerned with how the training will benefit
our lives. Completing this training will provide each of you with invaluable tools and
knowledge that can be applied in both your personal and professional life.
The purpose of this training is to assist each of you in recognizing the importance of
effective interpersonal communication skills and practices within one’s organization.
Benefits of effective skills includes increased productivity, better quality of services and
products, greater job satisfaction, higher levels of creativity, decreased absenteeism and
reduced staff turnover (Hargie, Dickson & Tourish, 2004). Further, this training will
discuss the concept of conflict and how it can be beneficial to organizational functioning.
Communication behaviors that are characteristic of destructive conflict will be identified
and alternative behaviors will be explored. We will discuss conflict styles and identify
each of your preferred styles. Finally, techniques to engage in successful conflict
management will be investigated in an overall effort to ensure organizational goals are
met and success is furthered.
Overview of unique organizational culture of law firms
It is important to note the innate organizational culture generally found within law firms.
As many are aware, the practice of law itself is inherently demanding and stressful
(Mason, n.d.). The legal culture in itself “encourages patterns of perfectionism,
competition, and adversarial behaviors” which can ultimately lead to conflict and disarray
(Howerton, n.d.). Given that the legal profession is inherently stressful and promotes
various behaviors and patterns that can potentially bring about conflict, this is a further
reason why there is a need for this particular type of training. It is hoped this training will
help each of you in alleviating stress related to conflict and lack of interpersonal
communication skills through skill enhancement and the building of a general knowledge
base of the topics at hand.
57
2.0 Learning Objectives
Course Goal

To understand the importance of effective interpersonal communication and
successful conflict management, and how improving both can lead to personal
and professional success.
Intended Learning Objectives










Improve interpersonal communication skills such as active listening.
Recognize personal listening style.
Paraphrase for clarification and ensure mutual understanding.
Identify destructive communication practices.
Understand how to overcome destructive communication practices.
Understand how conflict can be positive and beneficial to an organization.
Acknowledge personal conflict style.
Recognize various conflict styles.
Improve conflict management skills.
Overcome conflict styles that preclude achievements and organizational success.
Once you have gone through each goal and learning objective, ask if there are questions.
Tell the group the training program is a discussion environment and participants are
encouraged to ask questions at any time for clarification.
Transition: We will begin with module 1 – interpersonal communication.
58
3.0 Module 1: Interpersonal Communication
“Be careful with your words. Once they are said, they can only be forgiven but not
forgotten.”- Author Unknown
59
3.1 Communication Principles
“Be careful with your words. Once they are said, they can only be forgiven but not
forgotten.”- Author Unknown
Purpose:
To introduce class to communication and familiarize them with the principles of
communication.
Specific Learning Goals:
 Identify the five principles of communication.
Mini Lecture
Explain to class the importance of interpersonal communication and that it has received
considerable attention from communication scholars. Likewise, organizations are
becoming increasingly aware of the benefits of effective communication.
Tell participants before discussing the benefits of effective communication, you would
like to first discuss the five principles of communication. Refer class to the
“Communication Principles” worksheet (see Appendix 2) and encourage them to take
notes in the space provided.
Inevitable - One cannot not communicate. Even by saying nothing, you are still making a
statement and communicating nonverbally.
Purposeful - There is usually a reason for the interaction as the communicators are
pursuing definite goals. Communication serves a variety of purposes, for example: to
learn, to relate, to help, to influence. The most efficient employees are aware of the goals
they wish to achieve and of the next steps they need to take in order to be successful.
Transactional - As we interact, we are sending and receiving messages simultaneously in
a continuous process. To be productive, managers and employees must concurrently
monitor their actions and reactions of each other as their instant responses are affected by
the ongoing behavior of each participant.
Multi-dimensional - There is the actual content of the conversation and there is the
relationship aspect of the conversation as well. Example: An employee may be
discussing a work related topic with her manager and simultaneously executing
impression management by trying to present herself in the best light possible.
60
Irreversible - Once a negative statement is made it is difficult to retract it without leaving
some sort of residual behind. Messages are always being sent and are unique, one-time
occurrences. (Read the quote.)
Transition: Now let’s turn to the importance of effective interpersonal communication
skills.
Source: Hargie, Dickson & Tourish, 2004; Watzlawick, Beavin & Jackson, 1976
61
3.2 Effective Interpersonal Communication Skills
Purpose:
To understand the importance of effective interpersonal communication skills.
Specific Learning Goals:
 Identify the benefits of effective interpersonal skills.
Discussion
A common problem found in law firms and organizations in general, and if ignored can
be significantly costly, are poor communication skills. Oftentimes the importance of
effective communication within a law firm gets overlooked, which is truly unfortunate as
its significance is paramount. Each day, attorneys and staff members communicate with
an assortment of audiences including clients, peers, and judges. Lacking the ability to
clearly and effectively express thoughts and ideas to others and/or failure to appropriately
listen to others, causes a breakdown in understanding which can cause detrimental
consequences to a business’s bottom line.
Discussion Questions:



In general, what interpersonal skills do you deem crucial when interacting in the
workplace?
Which skills allow you to reach your communication and organizational goals and
thus produce quality work?
Consider a situation where you have used or observed oral communication skills
in practice (example: in an interview, negotiation, courtroom etc.). What effect
did the verbal and non-verbal aspects have on the communication? What specific
techniques did you employ? How effective was the communication?
Refer participants to the “Written Communication - Self Assessment Task” (see
Appendix 4). After the training (on their own time), ask the participants to check a letter,
document or other piece of written material in which they have prepared. Analyze its
effectiveness. Are the thoughts, advice or submissions expressed logically, clearly,
succinctly and persuasively? Is it accurate and effective for its purpose and audience?
Answer these questions in an effort to demonstrate to yourself that you communicate
effectively both orally and in writing.
Mini Lecture
As we know, effective interpersonal skills increase productivity, better quality of services
and products, greater job satisfaction, higher levels of creativity, decreased absenteeism
and reduced staff turnover. Effective interpersonal skills allow individuals to reach these
62
communication goals and are essential in interactions with others. A major conclusion
that has been drawn suggests “communication skills are more important than ever before
for business success and that they will continue to be a critical component of the
information society” (Bennett & Olney, 1986, p. 21).
Over the past forty years, research has revealed numerous skills fundamental to
impressions of effective communication within interpersonal settings. As we know, skills
are differentiated from traits because they can be changed and enhanced with instruction
over time.
Activity
Refer participants to Interpersonal Communication Competence Self-Assessment (see
Appendix 3).
Ask participants to read the questions and complete the assessment, tallying their score at
the bottom.
Results
When participants are finished, briefly go over the results:
Adaptability: Examine your scores on items 1, 2, 3.
These scores reflect your ability to change behaviors and goals to meet the needs
of the interaction, also known as “flexibility”.
Conversational Involvement: Examine your scores on items 4, 5, 6.
These scores reflect your ability to become cognitively involved in the
conversation and demonstrate involvement through interaction behaviors like
head nods, vocal cues, etc.
Conversation Management: Examine your scores on items 7, 8, 9.
These scores reflect your ability to regulate conversation through controlling the
topic, adjusting to a change in topic, interrupting, and asking questions.
Empathy: Examine your scores on items 10, 11, 12.
These scores reflect your ability to show your conversational partner that you
understand his/her situation or that you share his/her emotional reactions to the
situations.
Effectiveness: Examine your scores on items 13, 14, 15.
These scores reflect your ability to achieve the objectives you have for
conversations.
63
Transition: Next, we will explore a very important interpersonal skill: listening.
Source: Hargie, Dickson & Tourish, 2004; Jones, 2003; Rubin & Martin, 1994; Spitzberg
& Cupach, 1984
64
3.3 Active Listening
Purpose:
To stress the importance of active listening and educate participants on ways to become
an effective listener.
Specific Learning Goals:
 To understand the difference between hearing and listening.
 To build active and effective listening skills.
 Learn to paraphrase for clarification and to ensure mutual understanding.
Mini Lecture
Refer participants to the “Hearing vs. Listening” handout (see Appendix 5). Briefly
explain the concepts on the handout:
HEARING: is automatic, involuntary, and unconscious.
LISTENING: is voluntary, requires conscious effort, and includes physical and mental
involvement.
PASSIVE LISTENING: is casual, inattentive. Describes the amount of energy we
devote to listening to elevator music, overheard conversations, or television reruns.
ACTIVE LISTENING: is attentive and focuses on acquiring and analyzing information.
The type of listening we apply to a late breaking newscast, a symphony or instructions
from a supervisor.
Mini Lecture
Refer participants to the “Facts About Listening” handout (see Appendix 6). Read each
fact:



Nearly 50% of total communication time is spent listening, yet listening is the
least taught communication skill.
Listening errors are extremely costly to American businesses as it annually results
in billions of lost dollars. Stress that money lost is in the form of misused time,
deflated morale and reduced productivity.
Ineffective listening skills can result in unproductive employees and assignment
confusion which hinders the success of an organization. Oftentimes employees are
left feeling ignored, unhappy, and ultimately alienated from management, all due
to poor listening skills.
65




An untrained listener will daydream, worry or reminisce as much as 88% of the
time.
The average listener recalls 25% of a one hour talk – even when tested directly
after the talk.
Effective listening can be taught. It requires commitment, training, energy and
practice.
Listening pays off both personally and professionally. Eliminating time
consuming repetition, costly errors and emotionally draining misunderstandings.
Explain to participants that poor listeners are conditioned to equate talking with power.
They do not realize that the person who is able to listen, understand, evaluate and react
intelligently is the one who possesses the real power.
Activity
To demonstrate the need for listening improvement, ask participants to complete the
listening test assessment (see Appendix 7). After taking the test, tell participants to total
their points and classify themselves on the listening styles scale. Briefly discuss the
listening styles as described on the interpretations page and ask participants to reveal
their style by raising their hand when you call each listening style:
Listening styles:
Active
The active listener gives full attention to listening when others are talking and
focuses on what is being said. This person expends a lot of energy participating in
the speaking-listening exchange, which is usually evidenced by an alert posture or
stance and much direct eye contact.
Involved
The involved listener gives most of his or her attention to the speaker’s words and
intentions. This person reflects on the message to a degree and participates in the
speaking-listening exchange. The involved listener practices some direct eye
contact and may have alert posture or stance, although this may be intermittent.
Passive
The passive listener receives information as though being talked to rather than as
being an equal partner in the speaking-listening exchange. While assuming that
the responsibility for the success of the communication is the speaker’s, this
listener is usually attentive, although attention may be faked at times. The passive
listener seldom expends any noticeable energy in receiving and interpreting
messages.
66
Detached
The detached listener withdraws from the speaking-listening exchange and
becomes the object of the speaker’s message rather than its receiver. The detached
listener is usually inattentive, disinterested, and may be restless, bored, or easily
distracted. This person’s noticeable lack of enthusiasm may be marked by
slumped or very relaxed posture and avoidance of direct eye contact.
Ask if anyone would like to discuss their listening style with the class. Were they
surprised with their listening style assessment? Do they view themselves as active
listeners?
After discussing each listening style, refer participants to the handout “Attitudes Affect
Listening – Which Apply to you?” (see Appendix 8). Explain that the handout lists
common attitudes that lead to poor listening in the left column, while the right column
lists alternative attitudes to better listening. Read a couple of the phrases from both
columns as examples and let participants know they can read the handout in their free
time.
Activity to Build Listening Skills
Ask the class to divide into groups of three. Refer the participants to the “Active
Listening Skills” handout (see Appendix 9). Give the definition for paraphrasing:
Repeating main thoughts and ideas of the speaker’s message in your own words.
Adequate paraphrasing signifies a mutual understanding and exposes what the listener
has understood.
Tell participants there are three steps for successful paraphrasing: summarizing the facts,
asking if your understanding is correct, and clarifying any misunderstandings.
To build participants listening skills, have the triad participants label themselves as A, B,
or C. Have participant A take three minutes to talk to the group about a time when he or
she was involved in a conflict with a client and how he or she successfully resolved the
situation. Afterwards, have participant B and C take two minutes to tell A what they
heard. The process is repeated until each person in the triad has had the experience.
Encourage participants to apply the three steps in paraphrasing.
Transition:
Once the listening skills activity is complete, ask participants to look at the Perceptual
Filter Model (see Appendix 10). Introduce the Perceptual Filter Model and explain how it
demonstrates conflict is inevitable, and how everyone has a unique set of filters that
affect how the world is perceived. As a reflective activity, ask participants to identify
additional filters they do not see listed. Where do these filters come from? Ask for
examples of how various filters have directly contributed to conflict in their lives.
67
Once the Perceptual Filter Model discussion is complete, let participants take a 15 minute
break. Again, use judgment on when to implement appropriate breaks.
Sources: Gibbs, et al., 1985; Wolvin & Coakley, 1985; Vining & Yrle, 1980
68
4.0 Module 2: Conflict Management
“When two [persons] in business always agree, one of them is unnecessary.”
William Wrigley
69
4.1 Conflict Principles
“When two [persons] in business always agree, one of them is unnecessary.”
William Wrigley
Purpose:
To become familiar with the principles of conflict.
Specific Learning Goals:
 To acknowledge conflict is a fact of life that requires further examination.
 To encourage positive outlooks on the concept of conflict.
Discussion
Welcome participants back from break. Ask them to consider the quote at the top of their
“Conflict Principles” worksheet (see Appendix 11). What does this mean to them?
Facilitate the discussion. Responses will likely be: When everyone in a group always
agrees, it may mean they don’t have many ideas, or it may mean that avoiding conflict is
more important to them than generating and evaluating new ideas. It is also an example
of groupthink.
Mini Lecture
State the four principles of conflict and encourage participants to take notes in the space
provided on their worksheet as you discuss each one.
Inevitable - Conflict pervades all functioning areas within organizations and can occur in
countless ways. It is inevitable and can be considered a fact of life. Yearning for a
conflict-free work environment is an unrealistic illusion and pretending to have one can
be costly. It is more beneficial for organizations to understand the nature of conflict and
the skills needed to effectively use it. Acknowledging conflict is inevitable and viewing it
more as a “fact of life” allows employees to use their analytical skills to resolve conflict
in constructive ways. Examples of inevitable conflict: Employees compete for
recognition from their boss, colleagues rival one another to become partner, departments
compete for scarce resources, communication breaks down, and contract specifications
are disputed.
Can be negative or positive, depending on how you deal with it. - It is natural to view
conflict as negative, however, it can be an opportunity for growth and development.
Avoiding conflict because of its negative implications is a mistake because without
conflict, organizations run the risk of becoming stagnant with poor decision making.
Not all conflicts can be resolved – It is important to recognize that not all conflicts can be
resolved in the first place. Sometimes it is in the best interest of the involved parties to
simply agree to disagree.
70
Multi-dimensional – It is extremely important to recognize the relationship between
parties always has the potential of contributing to a conflict. As such, conflict oftentimes
is not the result of the content or topic at hand but rather a result of how the relationship
was defined among the parties. The content dimension of the conflict is the actual topic
of the disagreement. The topic can generally be described in one or two words and
conflict surrounding the topic usually involves differences in perspectives, thoughts, and
opinions. The relationship dimension, on the other hand, refers to how each person
defines the relationship during the interaction. It is based on personal and relational
issues.
Transition: We will now explore the multi-dimensional principle of conflict in depth.
Sources: Rahim, 2011; Tjosvold, 2008; Wilmot & Hocker, 2007
71
4.2 Communication & Conflict: Content and Relationship
Purpose:
To further explore the principle that communication in conflict is multi-dimensional.
Specific Learning Goals:
 To fully understand the difference between content conflict and relationship
conflict.
Discussion
To illustrate the two dimensions, ask participants to consider the following hypothetical
statement made by a supervisor to a subordinate:
“Please stop texting at work.”
Then ask participants to identify the content dimension and the relationship dimension of
the message.
Responses ought to be:
Content dimension of message – texting.
Relationship dimension of message – refers to how the supervisor and the
subordinate are affiliated: the supervisor’s authority in relation to the subordinate,
the supervisor’s attitude toward the supervisor, and their feelings about one
another.
Ask participants how does the relationship of the two contribute to how the subordinate
interprets the message “Please stop texting at work”?
Facilitate the discussion to come to the conclusion:
If a positive relationship exists between the supervisor and the subordinate, then
the content “Please stop texting at work” will likely be interpreted by the
subordinate as a friendly request by a supervisor who is honestly concerned about
the subordinate’s job performance.
However, if the relationship between the supervisor and the subordinate is
superficial or strained, the subordinate may interpret the content of the message as
a rigid directive, delivered by a supervisor who enjoys giving orders. The
subordinate may take the message as being picked-on, or that the supervisor is
suspicious that they do not have their head into work. A subordinate may feel the
72
supervisor is acting like a parent or bully. Depending on how a receiver perceives
the relationship, will affect how they react to a message.
This example illustrates how the meanings of messages are not in words alone but in
individuals’ interpretations of the messages in light of their relationships.
Discussion
Think of a conflict you were recently involved in where you were convinced the conflict
concerned the topic at hand. Looking back and considering everything we have just
learned regarding the relationship dimension, do you still perceive the conflict was
actually about the content?
Transition: The majority of people dislike conflict because of its negative implications
and their natural reaction is to avoid it. However, avoiding conflict can be a mistake as
conflict is not always negative. Next we will explore the potential benefits of
organizational conflict.
Source: Northouse, P. (2011)
73
4.3 Benefits of Organizational Conflict
Purpose:
To stress the importance and value of organizational conflict.
Specific Learning Goals:
 To understand conflict is necessary for effective organizational functioning.
 To understand conflict can be both positive and beneficial.
Mini Lecture
Conflict can be positive in the sense that it can result in the construction of creative
solutions that would not have been reached otherwise. Potential benefits of organizational
conflict include:
1) Can stimulate innovation, creativity, and change.
2) Organizational decision making processes may be improved.
3) Alternative solutions to a problem may be found.
4) Conflict may lead to synergistic solutions to common problems.
5) Individual and group performance may be enhanced.
6) Individuals and groups may be forced to search for new approaches.
7) Individuals and groups may be required to articulate and clarify their positions.
Transition: While there are many benefits, conflict can also be negative, especially when
particular communication practices are present. We will now explore the topic of
destructive conflict.
Sources: Rahim, 2011
74
4.4 Communication Behaviors that are Characteristic of Destructive Conflict
Purpose:
To explore the topic of destructive conflict.
Specific Learning Goals:
 Familiarize and educate participants on the destructive communication behaviors
referred to as The Four Horsemen of the Apocalypse.
 Provide examples of each.
 Identify solutions for each.
 Understand destructive communication behaviors hurt both the employee and the
organization.
 Develop coping strategies for managing criticism.
Discussion
As we know, conflict can be considered positive or negative depending on many factors
as well as the communication used. Conflict is deemed destructive when all parties are
unhappy with the outcome and believe they have lost as a result. Four communication
behaviors that are characteristic of destructive conflict are referred to as The Four
Horsemen of the Apocalypse meaning that when these four behaviors “ride in” to a
relationship, the end is near.
Refer participants to the “Destructive Communication” worksheet (see Appendix 12).
The four communication behaviors are criticizing, defensiveness, stonewalling and
contempt. As I explain each concept, we will also come up with examples and solutions
for each. Encourage participants to take notes in the space provided on their worksheet.
Ask participants to provide examples of times they either criticized or were
criticized at work. Possible examples: telling your coworker they are always late
to work and meetings; a boss telling a subordinate that he or she never returns
phone calls to new clients in a timely manner.
Criticizing – this is when feelings escalate from neutral to negative feelings very quickly.
Conflict that begins with “You always” or “You never” is likely to have a destructive
effect as the person criticizing is blaming and indicating there is something wrong with
the other person. Oftentimes a person will criticize to release frustration, despair, to get
the other’s attention, or to indicate how awful he or she feels. Although this may be
understandable, it is not acceptable or constructive.
 Solution: Rather than criticize, use constructive criticism. Use “I” statements;
describe the undesirable behavior; use neutral, not judgmental, language; ask for a
specific, behavioral change.
75
Defensiveness – when people use this destructive practice, they are communicating a
desire to protect themselves against pain, fear, personal responsibility, or new
information. Defensiveness implies that one is warding off an attack.
Ask participants to provide examples of a time they were defensive at work. How
could they have altered their communication behavior so that it was more
productive? An example could be a new attorney took offense at suggestions
made by a senior attorney concerning a demand letter. Rather than becoming
defensive, he or she could have viewed the suggestions as constructive criticism
and learned from it.

Solution: Rather than become defensive, try creating a supportive environment.
Instead of interpreting the language as being judgmental, view it as being an
evaluation or a way of problem-solving.
Stonewalling – this is when people hold back or withdraw from conversations and refrain
from engaging. They indicate they are not present and try to conceal what they are
thinking and feeling. Ask participants to provide examples they have experienced at
work.

Solution: Act and be engaged in the conversation! Use nonverbal cues such as head
nods, changes in facial expression and eye contact.
Contempt – this is any statement that puts oneself on a pedestal over others. Often
sarcasm, ridicule, and hostile joking is used. It functions as a powerful attack on the other
and is very disrespectful. Ask participants to provide examples they have experienced at
work.

Solution: Get rid of this behavior! Treat others with dignity and respect.
As organizational members it is important to understand that engaging in practices such
as these are not only damaging to the parties involved, but to your law firm in general.
Strive to enact positive communication practices at work and at home.
Transition: Now let’s examine conflict styles.
Source: Wilmot & Hocker, 2007
76
4.5 Understanding Conflict – Conflict Styles
Purpose:
To have an improved understanding of conflict and various conflict styles.
Specific Learning Goals:
 Become familiar with various conflict styles and overcome those that preclude
achievements and organizational success.
 Recognize personal conflict style and areas for improvement.
Mini Lecture
Conflict styles are patterned responses or behaviors that people use in conflict. A
person’s preference and basic orientation to a particular conflict style is well established
by the time he or she reaches adulthood. Conflict styles research is abundant and as such,
there are various models when classifying styles, ranging from two-style approaches to
five-style approaches. We will focus on the five-styles approach. Refer participants to
“Conflict Styles” handout (see Appendix 13) and read each conflict style:





Avoiding: Not addressing the existence of conflict.
Competing: Being assertive and pursuing your own concerns, sometimes at
expense of others.
Accommodating: Letting go of your own ideas in order to satisfy others’ interests
above your own.
Compromising: Middle ground between competing and accommodating, where
you give up some of your ideas but not all of them.
Collaborating: An approach in which people go beyond their own interests and
solutions to create something new
Activity
Based on the definitions provided above, ask participants to pick the one style that best
describes how they generally respond to conflicts. Ask participants to gather with others
who have chosen their definition to discuss this style. Once in groups, tell class to choose
someone to facilitate the discussion, someone to take notes, and someone who will report
back to the large group.
Group discussion activity:
• Define the response style that you have selected.
• Give 3 – 4 examples of when you might use this style.
• Discuss the benefits of responding to conflict using this style.
• Discuss the challenges of responding to conflict using this style.
77
Give groups approximately ten minutes to discuss among the members. Ask each group
to report back to the large group. Facilitate discussion.
Assessment
Now that participants have identified the conflict style they typically implement, refer
participants to the Thomas-Kilmann Conflict Mode Instrument (see Appendix 14). Have
them take the test and see if their preferred conflict style is in fact what they perceive it to
be. Once completed, ask the group (by show of hands) if anyone received conflicting
results. If so, ask the participant to share with the group the style they thought they
typically implemented and the style as indicated by the self-assessment.
Transition: Thank participants for being positive contributors to the training thus far.
Inform them we are about to begin the last training session, conflict resolution vs. conflict
management, before concluding the training.
Sources: Adapted from Module 7: Understanding Conflict, University of Vermont and
PACER Center www.uvm.edu; Source: Kilmann & Thomas, 1975; Wilmot & Hocker,
2007
78
4.6 Conflict Resolution vs. Conflict Management
Purpose:
To learn constructive ways to manage conflict.
Specific Learning Goals:
 To understand the difference between conflict resolution and conflict
management.
 To understand organizations can benefit from managed conflict.
 Reflect on past conflicts and determine how implementing conflict management
techniques could have produced better results.
Mini Lecture
It is useful to denote conflict resolution differs from conflict management. Resolution
implies that the foundation for the conflict is eliminated, while management implies that
although the stimulus for the conflict remains, feelings have been openly expressed,
change to some degree has occurred, and the group can continue to work reasonably and
effectively. Always aiming for conflict resolution is somewhat unrealistic, whereas
conflict management is much more practical. Organizational conflict that is managed is
beneficial to the organization as it enhances organizational learning and effectiveness.
Refer participants to the “Managing Conflict” handout (see Appendix 15). Read each
guideline.
Activity
Ask participants to get into small groups and answer the following questions:
First, identify a conflict situation you handled well and one that you handled poorly.
Focus on sharing conflicts that are peer related.

How did the ways in which you handled each conflict make the difficult situation
even worse? How did it make it better?

What would it be like if you could behave in ways that lead to the results you
really wanted? How might your life be different?
Debrief
Conflicts are frequently managed badly. Managing conflict requires a lot but also gives a
lot in return. Life involves give and take, and understanding conflict provides us with an
opportunity to do this skillfully.
Sources: Rahim, 2011; Stech & Ratliffe, 1976; Tjosvold, 2008
79
5.0 Conclusion
Purpose:
This session focuses on concluding the training program.
Specific Learning Goals:
 To review the training by making a Top Ten List that summarizes the main ideas
of the training.
 Evaluate the overall effectiveness of the workshop.
Activity
Top Ten Ways to Improve Your Interpersonal Communication and Conflict Management
Skills.
Announce the Top Ten List to participants and ask them to contribute ideas. Write the
list on white board/chalk board/flip chart for all to see. Briefly discuss certain ideas as
you see fit.
Activity
Review the “Prescription for Change” worksheet (see Appendix 16).
Ask participants to identify one or two new skills they plan to work on. Once
identified, have them create a practical plan for practicing the new skill(s). Finally,
ask them to develop a standard for gauging how they will know when they have
succeeded.
Once the handout is completed, ask the participants to find a partner and share their
ideas. By sharing their ideas they are creating accountability and improving their rates
of change. Encourage the partners to follow up with each other and maybe even brag
a little when they have succeeded in installing their new skills!
Activity
Review the “Feedback Matrix” worksheet (see Appendix 17).
Ask participants to complete the feedback handout and inform them that their
responses and insight are important for improving and revising the training program.
Thank the participants for attending and contributing. Wish them luck and success!!
Source: Mark Stoner, 2005
80
Recommended Future Readings
Northouse, P.G. (2011). Introduction to Leadership: Concepts and Practices, 2nd Edition.
Thousand Oaks, CA: Sage Publications. Chapter 9: Handling Conflict (pp. 173207).
Rahim, M.A. (2011). Managing conflict in organizations, Fourth Edition. New
Brunswick, NJ: Transaction Publishers.
Tjosvold, (2008). The conflict-positive organization: it depends upon us. Journal of
Organizational Behavior, 29, 19-28.
Wilmot, W.W. & Hocker, J.L. (2007). Interpersonal conflict, seventh edition. New York,
NY: McGraw-Hill.
81
Training Program References
Beebe, S.A. (2007). What do communication trainers do? Communication Education, 56,
249-254.
Deutsch, M. (1973). The resolution of conflict. New Haven, CT: Yale University Press.
Foppa, K. (1995). On mutual understanding and agreement in dialogues. In Markova, I.,
Graumann, C.F. & Foppa, K. (Eds.). Mutualities in dialogue (pp. 149-175).
Cambridge: Cambridge University Press.
Gibbs, M., Hewing, P., Hulbert, J.E., Ramsey, D. & Smith, A. (1985). How to teach
effective listening skills in a basic business communication class: 1982 teaching
methodology and concepts committee, subcommittee 2. Business Communication
Quarterly, 48, 30-32.
Hargie, O., Dickson, D. & Tourish, D. (2004). Communication Skills for Effective
Management. Hampshire: Palgrave MacMillan.
Howerton, M.H. (n.d.) The relationship of attributional style, work addiction, perceived
stress, and alcohol abuse with depression in lawyers in North Carolina (Doctoral
dissertation). Retrieved March 5, 2012, from http://www.nclap.org/docs/
dissertation_ch1.pdf
Jones, N.B (2003, March 31). Commentary: The dangerous link between chronic office
chaos & stress- or worse! Lawyers Weekly USA. Retrieved March 3, 2012, from
http://www.lexisnexis.com.proxy.lib.csus.edu/hottopics/lnacademic/?verb=sr&csi
=301497
82
Kilmann, R. & Thomas, K. (1975). Interpersonal conflict-handling behavior as
reflections of Jungian personality dimensions. Psychological Reports, 37, 971980.
Knowles, M.S., Holton III, E.F. & Swanson, R.A. (1998). The adult learner: The
definitive classic in adult education and human resource development. Houston,
TX: Gulf Publishing Company.
LeFebvre, E. Perceptual Filter Model. California State University, Sacramento.
Communication Studies Department.
Lucier, K.H. (2008). A consultative training program: Collateral effect of a needs
assessment. Communication Education, 57(4), 482-489.
Mason, L.J. (n.d.). Stress, anxiety, and substance abuse as a cause of impairment in
lawyers. http://ezinearticles.com/?Stress,-Anxiety,-and-Substance-Abuse-as-aCause- of-Impairment-in-Lawyers&id=390346
Northouse, P.G. (2011). Introduction to Leadership: Concepts and Practices, 2nd Edition.
Thousand Oaks, CA: Sage Publications.
Rahim, M.A. (2011). Managing conflict in organizations, Fourth Edition. New
Brunswick, NJ: Transaction Publishers.
Spitzberg B.H. & Cupach, W.R. (1984). Interpersonal communication competence.
Beverly Hills, CA: Sage Publications.
Stoner, M. (2005). Training for change: A quick guide for trainers. Sacramento: CPOST.
Sypher, B.D., Bostrom, R.N & Seibert, J.H. (1989). Listening, communication abilities,
and success at work. Journal of Business Communication, 26(4), 293-303.
83
Tjosvold, (2008). The conflict-positive organization: it depends upon us. Journal of
Organizational Behavior, 29, 19-28.
University of Vermont and PACER Center. Module 7: Understanding Conflict. Retrieved
February 28, 2014, from http://www.uvm.edu/~pcl/Module%207%20
Understanding%20Conflict%20version%202.ppt.
Vining, J.W. & Yrle, A.G. (1980). How do you rate as a listener? Supervisory
Management, New York, NY: American Management Association.
Watzlawick, P., Beavin, J.H. & Jackson, D.D. (1967). Pragmatics of human
communication. New York, NY: W.W. Norton.
Wilmot, W.W. & Hocker, J.L. (2007). Interpersonal conflict, seventh edition. New York,
NY: McGraw-Hill.
Wolvin, A.D. & Coakley, C.G. (1985). Listening (2nd ed.). Dubuque, IA: Wm. C. Brown.
84
TRAINING PROGRAM APPENDICES
85
Appendix 1
Training Agenda
Date: XX/XX/XXXX
Introduction
Learning Objectives
Module 1: Interpersonal Communication
Break
Module 2: Conflict Management
Conclusion
Recommended Future Reading
86
Appendix 2
Communication Principles
“Be careful with your words. Once they are said, they can only be forgiven but not
forgotten.”- Author Unknown
Inevitable
One cannot not communicate.
Purposeful
There is usually a reason for the interaction.
Transactional
We are simultaneously and continuously sending
and receiving messages.
Multi-dimensional
There is a content and relationship aspect of
messages.
Irreversible
Messages are always being sent and are unique, onetime occurrences.
Source: Watzlawick, Beavin & Jackson, 1976
87
Appendix 3
Interpersonal Communication Competence Self-Assessment
DIRECTIONS: Answer each item honestly as it currently applies to you in typical
conversation with others. Use the following scale:
1
2
3
4
5
Strongly
Disagree
Slightly
Disagree
Unsure
Slightly Agree
Strongly Agree
______ 1. I want to adapt my communication behavior to meet others’ expectations.
______ 2. I have enough knowledge and experiences to adapt to others’ expectations.
______ 3. I use a wide range of behaviors, including self-disclosure and wit, to adapt to
others.
______ 4. I want to be involved in the conversations I have with other people.
______ 5. I know how to respond because I am perceptive and attentive to other’s
behaviors.
______ 6. I show my involvement in conversation both nonverbally and verbally.
______ 7. I want to make my conversations with others go smoothly.
______ 8. I know how to change topics and control the tone of my conversations.
______ 9. It is easy for me to manage conversations the way I want them to proceed.
______10. I want to understand other people’s viewpoints and emotions.
______11. I know that empathy means to try to see it through their eyes and feel what
they feel.
______12. I show my understanding of others by reflecting their thoughts and feelings to
them.
______13. I am motivated to obtain the conversational goals I set for myself.
______14. Once I set an interpersonal goal for myself, I know the steps to take to achieve
it.
______15. I successfully achieve my interpersonal goals.
______16. I want to communicate with others in an appropriate manner.
______17. I am aware of the rules that guide social behavior.
______18. I act in ways that meet situational demands for appropriateness.
______ Overall Total
Now go to the interpretation page…
88
Interpreting the Interpersonal Communication Competence Self-Assessment
Possible “Overall Total” should range between 18 – 80.
Higher values indicate more communication competence.
Lower values indicate less communication competence.
Spitzberg & Cupach’s Model of Communication Competence
Motivation: add items 1, 4, 7, 10, 13, and 16 = __________________________________
This is your desire to approach or avoid conversation and/or social situations. Your goals
(what you want and with whom) motivate you to act. Your confidence or lack of
confidence that you will be successful affects your motivation, as well.
Knowledge: add items 2, 5, 8, 11, 14, and 17 = __________________________________
This involves knowing how to act. Once you decide to pursue a conversational goal, you
construct plans to obtain it. Previous experience and/or observing others informs your
knowledge of what constitutes a workable plan.
Skill: add items 3, 6, 9, 12, 15, and 18 = _______________________________________
This involves the behaviors actually performed. You might be motivated and
knowledgeable about how to act in the particular situation, but lack some basic skills.
Criteria to Evaluate Interpersonal Communication Competence
Adaptability: Examine your scores on items 1, 2, 3.
These scores reflect your ability to change behaviors and goals to meet the needs of the
interaction, also known as “flexibility”.
Conversational Involvement: Examine your scores on items 4, 5, 6.
These scores reflect your ability to become cognitively involved in the conversation and
demonstrate involvement through interaction behaviors like head nods, vocal cues, etc.
Conversation Management: Examine your scores on items 7, 8, 9.
These scores reflect your ability to regulate conversation through controlling the topic,
adjusting to a change in topic, interrupting, and asking questions.
Empathy: Examine your scores on items 10, 11, 12.
These scores reflect your ability to show your conversational partner that you understand
his/her situation or that you share his/her emotional reactions to the situations.
Effectiveness: Examine your scores on items 13, 14, 15.
These scores reflect your ability to achieve the objectives you have for conversations.
89
Appropriateness: Examine your scores on items 16, 17, 18.
These scores reflect your ability to uphold the expectations for a give situation by
behaving in ways other people expect of you. Note: If you achieve your goals, but violate
the expectations the other has for you and your relationship, then you are less than
competent.
Source: Spitzberg & Cupach, 1984
90
Appendix 4
Written Communication - Self-Assessment Task
Can you prove to yourself that you communicate effectively in written communications?
Audit a letter, document or other piece of written material which you have prepared.
Analyze its effectiveness. Are the thoughts, advice or submissions expressed logically,
clearly, succinctly and persuasively? Is it accurate and effective for its purpose and
audience?
Source: Adapted from Legal Communication skills workbook
91
Appendix 5
Hearing vs. Listening
Research shows that 45% of our time is spent in listening and 30%
of our time in speaking. How good of a listener are you? Do you
listen for the thoughts and meaning behind the words?
HEARING: is automatic, involuntary, and unconscious.
LISTENING: is voluntary, requires conscious effort, and includes
physical and mental involvement.
PASSIVE LISTENING: is casual, inattentive. Describes the
amount of energy we devote to listening to elevator music,
overheard conversations, or television reruns.
ACTIVE LISTENING: is attentive and focuses on acquiring and
analyzing information. The type of listening we apply to a late
breaking newscast, a symphony or orders or instructions from a
supervisor.
Source: Adapted from Pharmacy Management Excellence Program California (2014),
Kaiser Permanente Training Manual.
92
Appendix 6
FACTS ABOUT LISTENING
 Nearly 50% of total communication time is spent listening,
yet listening is the least taught communication skill.
 Listening errors are extremely costly to American businesses
as it annually results in billions of lost dollars.
 Ineffective listening skills can result in unproductive
employees and assignment confusion which hinders the
success of an organization.
 An untrained listener will daydream, worry or reminisce as
much as 88% of the time.
 The average listener recalls 25% of a one hour talk – even
when tested directly after the talk.
 Effective listening can be taught. It requires commitment,
training, energy and practice.
 Listening pays off both personally and professionally.
Eliminating time consuming repetition, costly errors and
emotionally draining misunderstandings.
Sources: Gibbs, et al., 1985; Sypher, Bostrom & Seibert, 1989; Jones, 2003
93
Appendix 7
Listening Styles Inventory
DIRECTIONS: The following items relate to your listening style. Please circle the
appropriate response. Please be candid.
Item
1. I want to listen to what
others have to say when they
are talking.
2. I listen at my capacity when
others are talking.
3. By listening, I can guess a
speaker’s intent or purpose
without being told.
4. I have a purpose for
listening when others are
talking.
5. I keep control of my biases
and attitudes when listening to
others speak so that these
factors won’t affect my
interpretation of the message.
6. I analyze my listening errors
so as not to make them again.
7. I listen to the complete
message before making
judgments about what the
speaker has said.
8. I cannot tell when a
speaker’s biases or attitudes
are affecting his or her
message.
9. I ask questions when I don’t
fully understand a speaker’s
message.
10. I am aware of whether or
not a speaker’s meaning of
words and concepts is the same
as mine.
Row Total =
Almost
Always
Often
Sometimes
Seldom
Grand Total of Rows =
Now go to the interpretation page…
Almost
Never
94
Interpreting the Listening Styles Inventory
Place an X on the part of the scale below that corresponds to your grand total score.
50
45
Active
38
Involved
28
Passive
0
Detached
Based on the score obtained from the listening inventory you completed, your perceived
listening style is described below.
Active
The active listener gives full attention to listening when others are talking and focuses on
what is being said. This person expends a lot of energy participating in the speakinglistening exchange, which is usually evidenced by an alert posture or stance and much
direct eye contact.
Involved
The involved listener gives most of his or her attention to the speaker’s words and
intentions. This person reflects on the message to a degree and participates in the
speaking-listening exchange. The involved listener practices some direct eye contact and
may have alert posture or stance, although this may be intermittent.
Passive
The passive listener receives information as though being talked to rather than as being
an equal partner in the speaking-listening exchange. While assuming that the
responsibility for the success of the communication is the speaker’s, this listener is
usually attentive, although attention may be faked at times. The passive listener seldom
expends any noticeable energy in receiving and interpreting messages.
Detached
The detached listener withdraws from the speaking-listening exchange and becomes the
object of the speaker’s message rather than its receiver. The detached listener is usually
inattentive, disinterested, and may be restless, bored, or easily distracted. This person’s
noticeable lack of enthusiasm may be marked by slumped or very relaxed posture and
avoidance of direct eye contact.
Source: Vining & Yrle, 1980
95
Appendix 8
Attitudes Affect Listening – Which Apply to You?
10 Attitudes that can lead to poor
listening
10 Alternative attitudes that may lead
to better listening and comprehension
This person sounds dull.
I will listen for useful information.
The speaker’s delivery and
appearance are poor.
I need to concentrate on the message,
not the person’s appearance.
This person’s opinion is wrong
and I’ll tell them about it.
I don’t agree, however I will hear this
person out.
What fact was just mentioned?
That sounds like the main point.
I think I am getting confused.
This tells me more about what they are
looking for.
My feet are killing me.
A little tension makes me alert.
I can’t understand what they
want. I’ll just pretend I am
following their meaning.
I better ask them to clarify their
statements, so I can help them find
what they want.
This person is talking way over
my head.
I had better pay attention, this is pretty
technical information.
How dare they call me immature!
I am responsible.
I had better not get upset by this
person’s words. I need to concentrate
on their request.
Will you please stop talking! I
know what it is you are looking
for.
Maybe there is some information this
person wants to give me that will
make it easier to find them the exact
thing they are looking for.
Source: Adapted from Pharmacy Management Excellence Program, California (2014),
Kaiser Permanente Training Manual.
96
Appendix 9
Active Listening Skills
Paraphrasing is:
Repeating main thoughts and ideas of the speaker’s message
in your own words. Adequate paraphrasing signifies a mutual
understanding and exposes what the listener has understood.
Steps for paraphrasing:
 Summarize Key Facts
o “Let me make sure I understand/heard…”
o “You want/would like…”
o “I would just like to confirm…”
o “Let me see if I have got this…”
o “So, what I am hearing is…”
 Ask if your understanding is correct
o “Did I get that right?”
o “Is that correct?”
o “Did I understand you correctly?”
 Clarify any misunderstandings
Sources: Foppa, 1995; Adapted from Pharmacy Management Excellence Program,
California (2014), Kaiser Permanente Training Manual.
97
Appendix 10
Perceptual Filter Model
Sender ) ) ) ) ) ) ) ) Receiver
Perceptual Filters:
Age
Gender
Experience
Religion
Education
Attitudes
Beliefs
Values
Ethnic Group
Politics
Nationality
EVERYTHING ABOUT YOU:
Physical, mental, social, psychological
Conflict is inevitable. No one sees the world as you do!
Source: Edith E. LeFebvre, California State University, Sacramento
98
Appendix 11
CONFLICT PRINCIPLES
“When two [persons] in business always agree, one of them is unnecessary.”
William Wrigley
Inevitable
It can be considered a fact of life.
Negative or
positive
Can be an opportunity for growth and development.
Agree to disagree
Not all conflict can be resolved.
Multi-dimensional
Communication in conflict has a content dimension and
relationship dimension.
Sources: Wilmot & Hocker, 2007; Tjosvold, 2008; Rahim, 2011
99
Appendix 12
DESTRUCTIVE COMMUNICATION
CRITICIZING
Examples:
________________________________________________________________________
________________________________________________________________________
Solutions:
________________________________________________________________________
________________________________________________________________________
DEFENSIVENESS
Examples:
________________________________________________________________________
________________________________________________________________________
Solutions:
________________________________________________________________________
________________________________________________________________________
STONEWALLING
Examples:
________________________________________________________________________
________________________________________________________________________
Solutions:
________________________________________________________________________
________________________________________________________________________
CONTEMPT
Examples:
________________________________________________________________________
________________________________________________________________________
Solutions:
________________________________________________________________________
________________________________________________________________________
Source: Wilmot & Hocker, 2007
100
Appendix 13
Conflict Styles
 Avoiding: Not addressing the existence of conflict.
 Competing: Being assertive and pursuing your own
concerns, sometimes at expense of others.
 Accommodating: Letting go of your own ideas in order to
satisfy others’ interests above your own.
 Compromising: Middle ground between competing and
accommodating, where you give up some of your ideas but
not all of them.
 Collaborating: An approach in which people go beyond
their own interests and solutions to create something new
Source: Kilmann, R. & Thomas, K., 1975
101
Appendix 14
Thomas-Kilmann Conflict Mode Instrument
DIRECTIONS: For each of the numbered items below, select which of the statements
most closely approximates your behavior in conflicts. Choose either “A” or “B” for each
item; you cannot choose both.
1.
A. There are times when I let others take responsibility for solving the problems.
B. Rather than negotiate the things on which we disagree, I try to stress those things upon
which we both agree.
2.
A. I try to find a compromise solution.
B. I attempt to deal with all of his and my concerns.
3.
A. I am usually firm in pursuing my goals.
B. I might try to soothe the other’s feelings and preserve our relationship.
4.
A. I try to find a compromise solution.
B. I sometimes sacrifice my own wishes for the wishes of the other person.
5.
A. I consistently seek the other’s help in working out a solution.
B. I try to do what is necessary to avoid useless tensions.
6.
A. I try to avoid creating unpleasantness for myself.
B. I try to win my position.
7.
A. I try to postpone the issue until I have had some time to think it over.
B. I give up some points in exchange for others.
8.
A.I am usually firm in pursuing my goals.
B. I attempt to get all concerns and issues immediately out in the open.
9.
A. I feel that differences are not always worth worrying about.
B. I make some effort to get my way.
102
10.
A. I am firm in pursuing my goals.
B. I try to find a compromise solution.
11.
A. I attempt to get all concerns and issues immediately out in the open.
B. I might try to soothe the other’s feelings and preserve our relationship.
12.
A. I sometimes avoid taking positions which would create controversy.
B. I will let him have some of his positions if he lets me have some of mine.
13.
A. I propose a middle ground.
B. I press to get my points made.
14.
A. I tell him my ideas and ask for his.
B. I try to show him the logic and benefits of my position.
15.
A. I might try to soothe the other’s feelings and preserve our relationship.
B. I try to do what is necessary to avoid tensions.
16.
A. I try not to hurt the other’s feelings.
B. I try to convince the other person of the merits of my position.
17.
A. I am usually firm in pursuing my goals.
B. I try to do what is necessary to avoid useless tensions.
18.
A. If it makes the other person happy, I might let him maintain his views.
B. I will let him have some of his positions if he lets me have some of mine.
19.
A. I attempt to get all concerns and issues immediately out in the open.
B. I try to postpone the issue until I have had some time to think it over.
20.
A. I attempt to immediately work through our differences.
B. I try to find a fair combination of gains and losses for both of us.
103
21.
A. In approaching negotiations, I try to be considerate of the other person’s wishes.
B. I always lean toward a direct discussion of the problems.
22.
A. I try to find a position that is intermediate between his and mine.
B. I assert my wishes.
23.
A. I am very often concerned with satisfying all our wishes.
B. There are times when I let others take responsibility for solving the problem.
24.
A. If the others position seems very important to him, I would try to meet his wishes.
B. I try to get him to settle for a compromise.
25.
A. I try to show him the logic and benefits of my position.
B. In approaching negotiations, I try to be considerate of the other person’s wishes.
26.
A. I propose a middle ground.
B. I am nearly always concerned with satisfying all our wishes.
27.
A. I sometimes avoid taking positions that would create controversy.
B. If it makes the other person happy, I might let him maintain his views.
28.
A. I am usually firm in pursuing my goals.
B. I usually seek the other’s help in working out a solution.
29.
A. I propose a middle ground.
B. I usually seek the other’s help in working out a solution.
30.
A. I try not to hurt the other’s feelings.
B. I always share the problem with the other person so that we can work it out.
Now go to the interpretation page…
104
Interpreting the Thomas-Kilmann Conflict Mode Instrument
DIRECTIONS: Circle letters below which you circled on each item of the questionnaire.
Collaborating
Compromising
Avoiding
Accommodating
# Competing
(forcing)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
(problem-solving)
B
(sharing)
(withdrawing)
(smoothing)
A
B
A
A
B
B
A
A
B
B
A
B
A
B
A
A
B
A
B
A
B
B
B
B
A
A
A
B
B
A
B
B
A
A
B
B
A
B
B
A
A
A
B
B
A
B
A
B
A
A
A
A
A
B
B
A
B
Source: Kilmann & Thomas, 1975
B
A
105
Appendix 15
Managing Conflict
Use the following guidelines to help manage conflict:
 Everyone agrees to confrontation wherein the problem will be dealt
with openly and directly.
 Express your feelings but also develop arguments rationally using
deductive and inductive reasoning.
 Express your views of the differences that appear to be causing the
frustration. Do so in ways that encourage others to express theirs.
 Be willing to change your attitude or perspective – be empathetic by
putting yourself in the other’s shoes.
o This is difficult because it requires incorporating opposing
thinking into your argument and moving away from your
original position.
 Continue discussions until a position is reached that seems acceptable
to all participants.
 Express your feelings about the negotiated settlement and your
willingness to live with it.
Sources: Stech and Ratliffe, 1976; Tjosvold, 2008
106
Appendix 16
Prescription for Change
My Specific Target
Skill/s
Source: Mark Stoner, 2005
My Plan for Practicing
the Skill/s
How I Will Know When
I Have Succeeded
107
Appendix 17
Law Firm Employees Training Workshop – Feedback Matrix
I came expecting…
I got…
I value…
I wish…
Source: Mark Stoner, 2005
108
Appendix A
Needs Assessment
Following are questions regarding communication and conflict management within the
workplace. Please answer each question as honestly as possible. Be assured, all responses
are completely anonymous and will not be shared with anyone.
Part 1: Please indicate your response by circling Yes, No, Other (please specify).
1. Do you ever have difficulty expressing ideas to your colleagues?
Yes
-
No
-
Other (please specify)
2. Have you ever received training on how to improve your listening skills?
Yes
-
No
-
Other (please specify)
3. Do you perceive there to be any communication problems within your firm
surrounding the handling of conflict?
Yes
-
No
-
Other (please specify)
4. Do you feel comfortable addressing conflict with your peers?
Yes
-
No
-
Other (please specify)
5. Do you feel comfortable addressing conflict with your supervisors?
Yes
-
No
-
Other (please specify)
6. Do you feel comfortable addressing conflict with your subordinates?
Yes
-
No
-
Other (please specify)
7. Does your law firm currently have a policy in place concerning office conflict
management?
Yes
-
No
-
Other (please specify)
8. Are you open to participating in a half-day conflict management workshop?
Yes
-
No
-
Other (please specify)
109
Part II: Please answer the following questions as accurately and honestly as
possible.
9. Why do you like working at your law firm?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
10. What could be changed to improve your working here?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
110
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