”The Insult” Analysis
Escalation & causes for the dispute
Causes: Tony refused Yasser’s offer to fix his leaking pipe Yasser fixed it anyway and Tony broke it Yasser called him a prick Reason for escalation: Yasser refused to apologise Tony told Yasser “I wish Ariel Sharon had wiped you all out.”
Rights, power, & interests
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Power: Financial situation Area of living Religion Rights: Rights to work Religion Interests: Tony is interested in putting Yasser in jail Yasser interests lie with negative feelings towards Tony’s religion
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First step to resolution No sign of effective communication Adversarial negotiation – no option to compromise Tony was quick to resort to litigation to satisfy interests Integrative negotiation : focus on interests and satisfy needs (PON staff, 2019) Discuss cultural differences and influences Discuss reason for reaction Underlying feelings to be validated Focusing on the interests of disputants has been found to promote more cooperation overall (Noll, 2013).
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Facilitative mediation : Allow both parties to feel understood Generate options for resolution Find common ground (e.g. religious beliefs and oppression)
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Assess management of differences
Clear differences between disputants Tony manages differences by competing Yasser accommodates and neglects own concerns Tony uses power to undermine Yasser
Collaborating approach to manage differences: Would satisfy concerns “pinpointing the underlying needs and wants” (Kilmann Diagnostics, 2019) Would have prevented publicity and rioting
Early litigation inhibited the acknowledgment of underlying emotions Negotiation, Mediation and an assessment of management of differences would have encouraged the expression of these emotions An empathetic conversation could have provided a resolution without litigation due to greater understanding on both sides.