I.Harmony Models: Are they Applicable in Workplace Disputes?

Adapted from Laura Nader’s “Harmony Models and the Construction of Law”

II.Theories of Conflict

A. Conflict is bad and needs to be explained

     1. Adversarial, legalistic models of justice

     2. Retributive justice (punishment, quid pro quo)

B. Conflict is valued and needs no explanation

     3. Conciliatory and harmony models of justice

     4. Restorative justice (accountable to the community)

III.Historical Trends in US

A. Early New England - law was shunned as a method for resolving disputes

     1. Conflict was suppressed or dealt with through mediation

B. 1960's - highly litigious time to bring about social reforms

     1. Civil rights, consumer rights, environmental rights, women’s rights, etc.

C. Mid 1970's - ADR introduced to bring balance to the litigious swing in the earlier decade

     1. Due to growing court case loads for civil suits

     2. EEOC, Arbitration clauses

IV.Dangers - Criticisms of Harmony Models

A. Premise is that all share the same goals, values, ideals. This may be true in tribal villages where there is no polarization, but is it true in US?

B. Harmony theory controls or suppresses criticism, discord, and confrontational politics

C. In most parts of the world, law and religion are enmeshed and interdependent

D. Cultural values play a vital role in the choice of appropriate conflict management

V.Workplace Considerations

A. Organizational Culture

     1. Power distance and communication channels

     2. Tolerance for ambiguity - black & white or gray?

     3. Grievance systems - what is customary, normal?

B. Organizational structure and Systems

     1. Rigid or flexible?

     2. Based on rules, procedures, forms and processes

     3. Or innovative, unstructured and creative

VI. Diversity in Organizations -- New Perspectives for a Changing Workplace

A. How managers respond to diversity in the workplace...

     1. Exclude (recruit all the same kind)

     2. Deny (color-blind, gender-blind, school-blind)

     3. Suppress (team players do not express controversy)

     4. Segregate (cluster racial groups in certain departments)

     5. Assimilate (minimize differences between 2 groups by making the minority “like” the majority

     6. Tolerate (acknowledge, but minimize interaction)

     7. Build relationships (focus on similarities, & avoid challenges of differences)

     8. Foster mutual adaptation (accept and understand differences and diversity)