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Beyond Settlement: Transcendence and Prevention Kenneth Cloke. Hierarchies and Communication. Where Problem Solving Authority is Concentrated. Where Problems Are Concentrated. What Cannot Be Managed. Trust Attitude Caring Dedication Creativity Leadership Curiosity Honesty

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Beyond settlement transcendence and prevention kenneth cloke l.jpg
Beyond Settlement:Transcendence and PreventionKenneth Cloke

© Kenneth Cloke

Hierarchies and communication l.jpg
Hierarchies and Communication

Where Problem Solving

Authority is Concentrated

Where Problems

Are Concentrated

© Kenneth Cloke

What cannot be managed l.jpg
What Cannot Be Managed

Trust Attitude

Caring Dedication

Creativity Leadership

Curiosity Honesty

Insight Courage

Synergy Empathy

Integrity Compassion

Consensus Understanding

Craftsmanship Wisdom

Values Passion

Perseverance Forgiveness

Initiative Unity

Flow Fortitude

Collaboration Follow-through

© Kenneth Cloke

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Organizational Dimensions

= 0 Dimensions = Organizational Dictatorship

= 1 Dimension = Organizational Hierarchy

= 2 Dimensions = Cross-Functional Teams

= 3 Dimensions = Strategic Integration

= 4 Dimensions = Organizational Synergy

© Kenneth Cloke

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From Hierarchy to Leadership



(Org. Democracy/

Leading by Values)

Degree of


Complexity of

Problem/ Use

Of Planning



(Matrix/Visionary Leadership)

Management by

Goals or Objectives


Administration (Control/Bureaucracy)

Time Frame

Crisis Management


© Kenneth Cloke

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How Values Are Communicated in Organizations

  • By what they reward, as when those who cause the greatest difficulties receive the most attention;

  • By what they punish, as when they punish collaboration by calling it cheating;

  • By what they say, as when they deny responsibility for what they have done;

  • By what they do not say, as when they keep silent about problems or do not tell the truth;

  • By what they do, as when they become angry at people who criticize them;

  • By what they do not do, as when they do not raise or discuss problems with those above them;

  • By congruence or hypocrisy, as when their words do not match their deeds, or they act differently in public than in private.

© Kenneth Cloke

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Common Responses to Orders from Others

  • Silent obedience and surrender of organizational responsibility, resulting in loss of energy, initiative, awareness, creativity, and active collaboration

  • Passive-aggressive acquiescence or “publiccompliance and private defiance,” resulting in hypocrisy, silence, deceit, subtle forms of sabotage, suppressed rage, cynical obedience, and a seemingly endless cycle of unresolved conflicts

  • Active rebellion and refusal to comply, resulting in discipline or termination, adversarial communications, and a hardening of positions on both sides

  • Strategic engagement and commitment to participation, both within oneself and in collaboration with others, resulting in personal transformation, team involvement, and organizational learning

© Kenneth Cloke

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Conflict, Organizational Culture and Change

  • 1. Power and Vision:

  • Do people believe they have the power to make things happen, to create change? Is there a clear, compelling vision for the future?

  • 2. Identity and Relationships:

  • With whom do people identify within the organization? Do they identify with their teams? Their functional work units? Their professions? Or the organization as a whole? Does the organization value relationships?

  • 3. Communication, Negotiation and Conflict:

  • What behaviors do people engage in when they have a conflict? How do others respond? Is it swept under the rug, or discussed openly? How do conflicts finally get resolved? How do people communicate? How do they negotiate with each other?

  • 4. Learning and Assessment:

  • How does the organization learn? How does people respond to new information that doesn't fit? How honest and real are they in assessing problems?

    • (Based on work by Richard Pascale, Mark Millemann and Linda Gioja)

© Kenneth Cloke

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The Hidden Cost of Conflict

  • Conflict costs money. For example, in one study of 1600

  • employees:

  • 22% said they actually decreased their work efforts because of conflict

  • Over 50% reported that they lost work time because they worried about whether the instigator of the conflict would do it again

  • 12% reported they changed jobs to get away from the instigator of the conflict

  • [Source: Karl A. Slaikeu and Ralph H. Hasson, Controlling the Costs of Conflict, Jossey Bass, 1998]

© Kenneth Cloke

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Cost Savings from Systems Design

  • In the first year of side-by–side comparison, Brown and Root reported an 80 percent reduction in outside litigation expenses by introducing a systemic approach to collaboration and conflict management for employment issues.

  • Motorola reported a reduction of outside litigation expenses of up to 75 percent per year over six years by using a systemic approach to conflict management in its legal department, which included a mediation clause in contracts with suppliers.

  • NCR reported a reduction in outside litigation expenses of 50 percent and a drop in its number of pending lawsuits from 263 to 28 between 1984 and 1993, following the systemic use of ADR.

  • The U.S. Air Force reported that by taking a collaborative approach to conflict management in a construction project involving the Army Corps of Engineers as well as prime and subcontractors, it completed the project 144 days ahead of schedule and $12 million under budget.

  • The Defense Mapping Agency reported that systemic conflict management reduced the cost of resolving a particular set of employment disputes by 4200 hours.

  • The U.S. Air Force estimated a savings of 50 percent per claim in one hundred equal employment opportunity complaints by using mediation.

  • [Source: Karl A. Slaikeu and Ralph H. Hasson, Controlling the Costs of Conflict, Jossey Bass 1998]

© Kenneth Cloke

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Power, Rights and Interests


Managerial Hierarchy

Chain of Command


Policies and Procedures

Adjudication, Arbitration, Decision, Positional Negotiation


Needs and Desires

Informal Problem Solving, Mediation, Dialogue, Collaborative Negotiation

© Kenneth Cloke

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Systems Design Principles

  • 1. Focus on improving interest-based alternatives.

  • 2. Provide low-cost rights and power backups.

  • 3. Arrange procedures from low to high cost.

  • 4. Build in loop-backs to negotiation.

  • 5. Look for preventative measures including consultation before, facilitation during and feedback afterwards.

  • 6. Build in motivation to use alternative procedures, including training in skills and the resources to use them.

© Kenneth Cloke

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Core Elements of Resolution Systems

  • Support organizational values and goals

  • Encourage prevention, informal problem solving and early resolution

  • Address all varieties and levels of conflict

  • Be accessible to all without restriction

  • Use consistent techniques and approaches

  • Provide multiple choices and intervention possibilities

  • Encourage use of low-cost interest-based alternatives

  • Be centralized in administration and decentralized in operation

  • Provide access to confidential third party assistance

  • Be integrated into organizational culture

  • Invite participation and feedback

  • Train broadly in communication, negotiation and mediation skills

  • Build feedback loops using peer monitoring and evaluation

  • Use incentives to motivate use of services

  • Provide strong executive support, both human and financial

  • Build in flexibility and capacity for continuous improvement

© Kenneth Cloke

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Some Systems Design Options

  • 1. Agreeing on a common vision, mission, values, and goals

  • 2. Creating empowered self-managing teams

  • 3. Creating fast-forming integrated problem solving teams

  • 4. Training in collaborative negotiation for collective bargaining

  • 5. Electing internal union mediators for disputes between union members

  • 6. Multi-step grievance procedures

  • 7. Expanded Organizational Ombuds offices

  • 8. Expanded counseling through Employee Assistance Programs

  • 9. Elected/ grievant selected Peer Review Boards

  • 10. Peer Mediators

  • 11. Professional Mediators

  • 12. Peer coaching

  • 13. Professional Fact-finders

  • 14. Professional Arbitrators

  • 15. Training supervisors and human relations managers in conflict resolution

  • 16. Training line supervisors in communication and conflict resolution skills

  • 17. Training employees in communication and conflict resolution skills

  • 18. Providing rewards and incentives for using mediation

  • 19. Training in prejudice reduction, diversity, and resolving cross-cultural conflicts

  • 20. Facilitated meetings and retreats to address on-going problems

© Kenneth Cloke