MEDIATION AND THE DOCTORAL BUSINESS DEGREE
Brief Biography of Author
Dr. Laura Jane Tindall is a graduate of Nova Southeastern University in Ft. Lauderdale, FL. A member of the
Academy of Management’s Conflict Management Division, Dr. Tindall has been an active mediator in the state
of Florida since January 1990, and is currently Chairperson of the Dispute Resolution Advisory Committee of
the American Institute of Certified Public Accountants.
Abstract
Conflicts occur in all aspects of life. Effective conflict management is a skill vital to progress and overall longterm benefits. During the process of obtaining a business doctoral degree, the student learns tools that can be
used to more effectively resolve conflicts.
Essay
We all have encountered conflicts and will continue to do so in both our personal and professional lives.
“Conflict is part of the human condition” (Handling People with Tact and Skill, 2001). “When two or more
humans have to spend time together in the same space, there will eventually be some sort of conflict between
them” (Keil, 2000).
Conflict can result in positive changes and progress. “Conflict between workers can provide a very positive
competitive stimulus that aids productivity … (and) can improve quality output by providing checks and
balances to work that might not otherwise exist,” (Keil, 2000). A challenge to any type of manager is to
“encourage constructive disagreement and collaborative solutions” (Van Slyke, 1999). But, “when
misunderstandings become formal grievances, companies lose time, money, and esprit de corps” (Moline,
2001).
“For productive synergy to exist employees must be willing to step out, present untested ideas, challenge
management thinking, and take personal risks. As a prerequisite for doing this, employees must trust
management and know they will not be punished for being different” (Blackard, 1999).
“Employment ADR (alternative dispute resolution) processes can help build an organization culture that
enhances employee contribution. Not only can they resolve disputes, but they can also help improve the overall
effectiveness of the organization if they are a fully integrated part of the broader management system”
(Blackard, 1999).
Conflict management is the resolution of differences. Successful conflict management results in win-win
situations benefiting both disputing parties, and perhaps others.
There are three basic forums of resolving conflicts: (1) the disputing parties resolve their differences on their
own, (2) the disputing parties resolve their differences with the assistance of a third party, and (3) a third party
makes a decision on the dispute. In litigated disputes, the forms of dispute resolution are mediation, arbitration,
and court decisions. Mediation and arbitration are often referred to as alternative dispute resolution (ADR).
Mediation is where disputing parties attempt to reach a mutually acceptable resolution with the assistance of an
independent, objective facilitator. “Mediators facilitate confrontation and help both parties listen to one
another” (Van Slyke, 1999). Arbitration is a less formal atmosphere than the courtroom. Disputing parties
present information for the arbitrator(s) to render a decision, generally binding to the disputing parties. Court
decisions by judge or jury are made in a formal atmosphere restricted by rules of evidence in the presentation of
information for a judge or a jury to render the decision.
Skills required to manage conflict include communicating, focusing, identifying, and coming to the “best” short
and long-term resolutions.
Communication between the disputing parties is essential. When each party communicates his/her position and
why s/he takes that position it is not unusual that commonalities are identified. The dispute lies in the means of
achieving similar goals.
Listening is key to maintaining a productive level of conflict and ultimately to a constructive and well-timed
resolution. The problem in conflict, however, is whether both parties listen to and understand each other’s
perspective (Van Slyke, 1999).
Communication between the parties aids in the identification and understanding of the reasons for the conflict,
which is knowledge essential to effectively resolving of the conflict.
Focusing on the identified issue of the dispute can be difficult. When there is a conflict, the disputing parties are
not objective and will often concentrate on the differences and argue occurrences rather than problems, (i.e.,
they lose focus on identifying a way to solve the problem to prevent future occurrences). An objective third
party who has listened to the disputing parties can be very helpful by allowing the disputing parties to
reasonably vent their grievances, but channels efforts to resolve the problem.
Identifying and coming to the “best” short- and long-term resolutions should be the goal of conflict
management. Sometimes, the situation requires an immediate interim resolution. Obviously, if safety is
involved, an immediate resolution is necessary. However, a sustainable resolution must consider the long-term
to prevent a reoccurrence of the conflict and/or development of a similar conflict.
Note that these skills of communication, focusing, and consideration of short-term and long-term goals are
skills one acquires, or enhances, during the course of obtaining a doctoral business degree. Writing a
dissertation requires effective communication, focusing on the topic, identification of a means of researching
the topic, doing the research, and communicating the results. Tools learned in the doctoral business program
provide a solid basis for positive resolution of potential future conflicts. By completing the courses, one obtains
a deeper understanding of various aspects of business management, including short-term and long-term
solutions. Research required in a doctoral business program teaches the doctoral student to communicate and
focus.
Another benefit of obtaining a doctoral business degree is exposure to the Academy of Management (AOM)
and its Conflict Management Division (CMD). The CMD is a source for becoming aware of the breadth of
areas in organizations where conflict management skills are of benefit. Papers presented at CMD sessions at the
Annual AOM Conference and in the CMD Newsletter provide insight into qualities affecting the successful
resolution of conflict, such as gender, time constraints, identification of effective means of resolution, and
identification of evolving issues in conflict management.
Developing conflict management skills is not only beneficial for the resolution of individual conflicts, but can
enhance one’s management skills, and expand career opportunities. Human Relations personnel resolve both
potential and actual conflicts in an organization. Arbitrators, and particularly, mediators are more in demand as
ADR via arbitration or mediation is achieving increasing popularity as an effective means of successfully
resolving differences.
Successful resolution of conflicts requires skills acquired or enhanced by obtaining a business doctoral degree,
(i.e., communication skills, broad knowledge of business issues, identification of and focusing on the issue in
dispute, and identification of and facilitating successful implementation of an acceptable resolution of the
conflict.
References
Blackard, K. (1999). How to make the most of the employment ADR process. Dispute Resolution Journal, 54(2), 71-77.
Handling people with tact and skill. (2001). Women in Business, 53(5), 26-29.
Keil, J. H. (2000). Coaching through conflict. Dispute Resolution Journal, 55(2), 65-69.
Moline, A. (2001). Conflict in the work place. Plants, Sites & Parks, 28(1).
Van Slyke, E. J. (1999). Resolve conflict, boost creativity. HR Magazine, 44(12), 132+.