| Articles - Dispute Resolution/Negotiation
Coaches Report - Spring 2003, Volume 9 Number 4
Diagnosing Disputes
This winter we have been teaching a new course at Brock University
on negotiation skills for sport managers. We have structured the
course around two themes: negotiating the dispute and negotiating
the deal. The same techniques are used in both pursuits, and we
think that these skills are critical for all sport leaders, including
coaches.
There is abundant literature on conflict management and negotiation
from the worlds of business, law, politics and international relations,
but virtually no work has been done in the area of sport. Our challenge
with this course is to meaningfully adapt these negotiation resources
and tools from other settings to the sport milieu.
In doing so,
it has become clear that these concepts readily apply to the
amateur sport world. It has been fascinating to reflect upon
the sport disputes that we have helped to resolve over the past
10 years using concepts that were first developed in the Cold
War years of the 1960s. What has become readily apparent to us
is that long before an athlete or coach arrives at a hearing
or arbitration, there are ample opportunities for intervention
to resolve disputes so that imposing an "end-of-the-road" decision
on the parties is unnecessary.
For such interventions to succeed, we need to have a better understanding
of the nature of conflict and the process that occurs when conflict
escalates into a dispute. What we have learned in our research
and practice on dispute management is that conflict is not necessarily
a negative condition: in fact, conflict must be viewed as a positive
state, as meaningful change cannot occur without it. It's when
the conflict goes unacknowledged and then manifests itself into
a specific dispute that festers that some form of intervention
becomes desirable.
In their book Social Conflict, writers Rubin, Pruitt and Kim identify a number
of conditions that encourage conflict. These include periods
of rapidly expanding achievement, comparison of worth and how
worth is measured, weakening normative consensus, zero-sum thinking,
communication among members of a group, and leadership.
PERIODS OF RAPIDLY EXPANDING ACHIVEMENT. This
has been used to explain civil rights unrest in the United States
in the 1960s. After two centuries of oppression, African-Americans
had made extraordinary gains in the 1950s and early 1960s, which
led to rising expectations that could not continue to be fulfilled.
We have seen this very same condition encourage conflict in sport.
For example, we saw extraordinary achievements in a number of sports
in the 1980s and early 1990s, culminating in podium results in
Atlanta in 1996. Not surprisingly, in many of these same sports,
these periods of achievement have been followed by periods of conflict
as rising aspirations could not continue to be met.
COMPARISON OF WORTH AND HOW WORTH IS MEASURED .
This is the premise that underlies all selection disputes. In individual
sports the measurement of worth can be quite objective, which tends
not to create conflict; however, in team sports the measurement
of worth can lead to ambiguity about the value to the team of one
athlete versus another. We have also observed how these comparisons
can lead to conflict within a national team when the small number
of high achievers on the team are accorded greater status and preferential
treatment. When a team includes a handful of "stars" who are valued
differently (or are perceived to be valued differently), team cohesion
suffers drastically and conflict erupts.
WEAKENING NORMATIVE CONSENSUS. Groups
of people continually develop rules to govern themselves. Broader
and longer-lasting rules are referred to as "norms" and they
serve to identify expectations of a person's behaviour and outcomes
to which a person is entitled. When norms are weakening or changing,
the gap in expectations about entitlements may widen, resulting
in conflict. We have seen this widening gap occur with coaches
as society places upon them continually higher standards of performance
and conduct. Today's effective coach is expected to possess not
only technical and sport-specific skills but is also expected
to be an exceptional communicator, a problem-solver, a computer
and video operator, a psychologist and a role model of the highest
integrity. We are also seeing a shift away from a coaching philosophy
that focuses on controlling the athlete's environment to reduce
distractions, to one of empowering the athlete to make his or
her own decisions in the face of environmental stresses. This
period of weakening consensus about the norms pertaining to coach
performance and conduct is contributing noticeably to conflict
among coaches, athletes, parents and sport clubs.
ZERO-SUM THINKING. Zero-sum
thinking is the view that one party's gain is another party's
loss, as the resources that are at the centre of the dispute
are finite. It is common for people to adopt this line of thinking
when engaged in dispute. For instance, when a dispute escalates,
there is a tendency to revert to zero-sum thinking, as the parties'
motivations shift from doing well, to doing better than the other
party, to winning, and ultimately to harming the other party.
We recall in one dispute about coach selection, a lawyer argued
that "if his client couldn't
go, then no-one should be able to go!". Although we concede that
a small number of sport disputes revolve around "dividing the pie" (selection
disputes are a clear example of such win-lose propositions), many
more disputes lend themselves to "expanding the pie" by using techniques
to reveal the parties' underlying interests and finding ways to
satisfy mutual interests. We are of the view that most sport disputes
can be dealt with as win-win scenarios, if proper negotiation techniques
are understood and applied. When appropriate preliminary work is
done to manage athlete expectations, even selection disputes can
be moved away from a zero-sum starting point.
COMMUNICATION AMONG MEMBERS OF A GROUP . Communication
is a two-edged sword, as conflict is encouraged by too little and
too much of it. In our experience, there is a direct correlation
between the pace at which a conflict escalates and the degree to
which members of an organization, group or team are connected via
high speed Internet. Almost everyone has e-mail and messages can
be conveyed to a large group almost instantaneously. We are so
busy sending and receiving e-mails that we don't talk to each other
anymore! This makes defining a conflict or dispute very challenging,
as yesterday's take on a situation may differ from today's. Aided
by swift, indiscriminating, and, at times, ill-judged electronic
communications, a dispute continues to mutate as single issues
expand to multiple issues, and a single aggrieved individual transforms
into an increasingly alienated, but nonetheless tightly-knit collective.
LEADERSHIP. Also a two-edged sword, lack of
leadership can be both the result and the cause of conflict. In
our experience with sport organizations, disputes arise from a
variety of factors related to poor leadership, and the existence
of such conflict inhibits new leadership from emerging or thriving.
It is not surprising that a telling indicator of conflict and dysfunction
within a sport organization is a revolving door of executive and
senior management personnel. This door is going to continue revolving
until the underlying conflict, which may have existed for years
or even decades, is addressed and understood. We have observed
that new leaders may emerge from the alienated group, which serves
to maintain the state of conflict.
Albert Einstein
is reputed to have said "If I were given one hour
to try to solve the world's most pressing issue, I would spend
55 minutes defining the problem". Over the years, the Centre for
Sport and Law has helped countless sport organizations hear and
decide disputes using appeal and arbitration mechanisms. However,
we are coming to the view that such interventions too often occur
too late in the conflict and dispute cycle. Waiting until the 55
th minute to do something means that the parties have taken positions,
their positions have hardened, and whatever trust existed has entirely
dissolved. We think it is critical to help athletes, coaches and
sport organizations learn and use negotiation techniques to manage
their conflicts before they become disputes.
J. Rubin, D. Pruitt, and
S.H. Kim (1994) Social Conflict . New York , McGraw-Hill.
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