13 DecPERSPECTIVES - Samantha Hardy
In our interview series, titled "PERSPECTIVES", we reach out to thought leaders in the fields of negotiation and dispute resolution, ask them questions, and invite them to share their ideas and insights.
We had the pleasure of interviewing Associate Professor and Conflict Specialist Practitioner Samantha Hardy, member of the Singapore International Dispute Resolution Academy's faculty.
From your perspective, what are the top three global trends that are shaping the field of negotiation and dispute resolution? Why do you think these trends are important?
1) The first trend that I see (particularly in the workplace and family conflict contexts) is the growth of conflict coaching (sometimes called conflict management coaching) as a service provided either instead of, or in addition to, other processes such as negotiation and mediation. I think this trend is being driven by three main factors:
Firstly, people are starting to recognise that negotiation and dispute resolution processes such as mediation are much more successful when parties are well-prepared. Conflict coaching provides intensive and individually tailored support that maximises parties’ preparation for other processes.
Secondly, it is also becoming apparent that parties often need support post-dispute resolution to implement agreements reached in an appropriate and timely manner. Conflict coaching is starting to be used post-family dispute resolution to support parents to implement negotiated parenting plans and to adapt to new arrangements while minimising the risks of further conflict. Conflict coaching is also very helpful post-mediation and investigation in workplaces, to support parties to return to working together after a past conflict.
Finally, there is a growing mentality of “do it yourself” and self-development in relation to managing conflict.
These three factors point to just-in-time and individualised conflict support services such as conflict coaching, which increase individuals’ competence and confidence to manage their own conflict into the future.
2) The second trend that I observe is the growing need for practitioners to engage in ongoing reflective practice and upskilling. As the conflict resolution landscape changes and develops, it’s fundamentally important that practitioners stay informed about recent developments in the field and in society more generally. For example, changes in the law in many western countries allowing same-sex couples to marry and access reproductive services. This means that some non-traditional families are now accessing conflict resolution services to manage conflict between parents, donors and other people involved in their family life. Practitioners need to understand the dynamics of those families, how the law applies to them and how their services may need to be adapted to be more “culturally” appropriate to these families. Also, the growing use of social media is creating and affecting existing conflicts. In particular, it can have implications for confidentiality in relation to dispute resolution processes. A four-day or five-day training workshop is no longer a sufficient foundation for a dispute resolution practitioner. Further ongoing professional development training and reflective debriefing is fundamental for practitioners to remain current and work towards “artistry”.
3) The third trend that I believe is important is the need for practitioners to be very transparent and informative about the “what”, “why” and “how” of their practice. The public is becoming more aware of dispute resolution services, and more capable of distinguishing between different processes, different practitioners and choosing according to their particular needs and preferences. It’s no longer sufficient to simply call oneself a “mediator” – practitioners need to explain in detail the type of model they use and their approach to the process. This is important so that clients get the service they desire, but also for the reputation of the various processes and practitioners in the field.
In light of these trends, what can negotiators and dispute resolution practitioners do now to position themselves well for the future?
The answer is the same for all trends – engage in ongoing reflective practice (ideally involving a structured debriefing with a senior practitioner or group of colleagues) and ongoing professional development. Professional development training should include attending training for different processes or different approaches to the processes in which they practise in order that practitioners are encouraged to think critically about what they do and why, and a broad variety of courses to keep current with recent developments in research, conflict resolution practice, and society in general.
What do you think are the biggest problems / challenges that people face in their negotiations and conflicts?
A recurring problem is that parties are not adequately prepared to get the best out of their negotiations and conflict resolution processes. This lack of preparation is not just about lack of information or advice, but also being unprepared for thinking differently, for interacting more constructively and for change.
Another problem is that parties do not fully understand what the various processes involve, how to choose the most suitable process and practitioner for their particular situation, and how to get the best out of the process they eventually engage with.
Finally, a problem I see often is that there is frequently a lack of support for parties to actually implement the agreements reached at conflict resolution processes, which can lead to ongoing conflict and dissatisfaction.
What can people do to effectively overcome such problems / challenges?
Practitioners can be very clear to consumers about the processes they provide and their own particular philosophy and style of supporting clients through that processes. Clients should inform themselves of the various processes that might be available and shop around before making a choice. They should ask lots of questions of practitioners about what they can, and can’t, expect of them during the process.
What will make you stop and say, "Wow, that person is a good negotiator/mediator"?
For me, a good practitioner is one who is authentic, who can clearly explain what they do and why, and who has a strong foundation in research and practice as well as a solid philosophy on which they base their process and interventions. They have the ability to adapt to clients’ needs in an informed and timely way. They are skilled artists, not just practitioners, but at the same time they are humble and always open to new learning and new insights. *** If you found this interview helpful, hit the Facebook "Share" button below and like SIDRA's Facebook page!
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