LLB103 Lecture Notes - Lecture 11: Power Financial, Game Of Thrones, Conflict Resolution
LLB103 DISPUTE RESOLUTION LECTURE 11: LAWYERS AS MANAGERS AND RESOLVERS OF
DISPUTES AND CONFLICTS
BROADER CONTEXT FOR THIS WEEK
●Thinking of law as a helping profession.
●A helping profession is one that: ‘nurtures the growth or addresses the problems of a person’s physical,
psychological, intellectual, emotional or spiritual well-being’.
●Law is not generally included in lists of ‘helping professions’. Why?
●Law is a helping profession because lawyers advise, guide, support and problem-solve.
REFLECTING ON THE NATURE OF CONFLICT
●In groups of 2 or 3, discuss whether you think conflict is good, bad or neutral. When the word conflict is
used in everyday life, do you think it has positive or negative undertones?
○Tillett and French comprise a list that arise from being in a conflict.
POSITIVES NEGATIVES
● Allow a problem to be more
closely examines → better
problem solving and personal
growth
●Encourage creativity
●Release tension and stress
●Provoke anger, aggression or fear
between people
●Relationship breakdowns
●Hinders effective communication:
communication needs to be at its
highest level
●Provoke destructive behaviour
This suggests that the term ‘conflict’ is fairly neutral.
TERMINOLOGY
●Conflict theory literature distinguishes between ‘conflict’ and a ‘dispute’.
FOR THE PURPOSES OF THIS UNIT, THESE TERMS WILL NOT BE TREATED SYNONYMOUSLY!
●Conflict: A conflict arises when two or more people or groups perceive that their values or needs are
incompatible – whether or not they propose, at present or in the future, to take any action on the basis
of those values or needs.
○It is wider than a dispute; parties can be in conflict with each other without any action being
taken at all. But when there is a manifestation of that conflict, a dispute arises.
●Dispute: A dispute arises when two or more people or groups perceive that their interests, needs or
goals are incompatible and they seek to maximise fulfilment of their own interests or needs, or
achievement of their own goals (often at the expense of the others).
●Australian Academic John Burton stipulates that the difference between a conflict and a dispute is that a
dispute is based upon the intractability of the issue and is easy to resolve whereas conflicts are difficult
to resolve. They reflect the idea of conflict being a state of incompatibility and a dispute being the
actions taken to resolve that resolve.
TILLETT IDENTIFIES DIFFERENT FORMS OF CONFLICT
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●Interpersonal conflict - conflict that occurs between two or more individuals.
○For example, two individuals going out for lunch; 1 wanting sushi while the other wanting a
burger. The individuals are involved in interpersonal conflict due to the incompatibility of needs,
wants and desires. No steps have been taken to resolve such conflict.
●Intrapersonal conflict – conflict that arises within an individual.
○For example, a model lawyer who is quiet efficient and accomplishes tasks at a fast rate.
However, on that note, is recording less time on their time sheets. From the perspective of the
partners in the law firm, they do not look as good in terms of billing as to a person who is much
slower and billing more. Internal dilemma as to what the appropriate cause of action is an
example of intrapersonal conflict.
●Intergroup conflict – conflict that occurs between two or more groups.
○At a federal level, labour and liberal parties.
●Intragroup conflict – conflict that occurs within members of a group.
○ Members of cabinet who are part of government → argue behind closed
doors.
●Collectively we will identify in class practical examples of each of these forms of conflict.
PERCEPTION VERSUS REALITY
●Does conflict exist only when values and needs are objectively incompatible?
●What if one (or both) of the parties believe (wrongly) that their values and needs are incompatible with
another? Can conflict still be said to exist?
●Tillett and French note that conflict is essentially based on perceptions (rather than reality) and feelings
(rather than facts). Do you agree with this analysis?
○No, because conflict is about incompatible needs, wants and desires. The objective reality is
also important in the sense of how people feel about each other.
●What are the implications of your answer for legal practice?
○Client’s perspective as to whether they’re in conflict or not.
○Subjective perceptions of what is going on may not align with the objective reality.
MODELS OF CONFLICT: THE DEUTSCH MODEL
●Means understanding that there are 4 different types of conflict depending upon the way parties are
interacting with each other.
○Are the parties interacting in a way that is incompatible or compatible?
○Objectively, are there conflicting interests or common interests between the parties?
●If there is conflicting interests, then they are in a state of actual conflict and vice versa.
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Document Summary
Llb103 dispute resolution lecture 11: lawyers as managers and resolvers of. Thinking of law as a helping profession. A helping profession is one that: nurtures the growth or addresses the problems of a person"s physical, psychological, intellectual, emotional or spiritual well-being". Law is not generally included in lists of helping professions". Law is a helping profession because lawyers advise, guide, support and problem-solve. In groups of 2 or 3, discuss whether you think conflict is good, bad or neutral. Tillett and french comprise a list that arise from being in a conflict. Allow a problem to be more closely examines better problem solving and personal growth. Provoke anger, aggression or fear between people. Hinders effective communication: communication needs to be at its highest level. This suggests that the term conflict" is fairly neutral. Conflict theory literature distinguishes between conflict" and a dispute". For the purposes of this unit, these terms will not be treated synonymously!
