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Reflective Research of Practice EXTENDED NOTES

Notes associated with research report finalising masters studies in Dispute Resolution, entitled Reflective Research of Practice 1998

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302 views68 pages

Reflective Research of Practice EXTENDED NOTES

Notes associated with research report finalising masters studies in Dispute Resolution, entitled Reflective Research of Practice 1998

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Dianne Allen
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.

1 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

EXTENDED NOTES:

REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - PART 1 RESEARCH REPORT Concepts Involved in the Reflective Research of the Practice of Third Party Interventions

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.2 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

CONTENTS:
EXTENDED NOTES................................................................................................................................................................................................... 1 CONTENTS ................................................................................................................................................................................................................. 2 TABLE 1: AN INDICATION OF JOURNAL ARTICLES .............................................................................................................................. 4 TABLE 2: AN INDICATION OF THE RECENCY OF WORK IN THE AREA ............................................................................................ 6 NOTE 1: PRESENTATION: "THE 3M THEORY OF COLOUR".................................................................................................................... 8 NOTE 2: ISSUES OF PRESENTATION OF REFLECTIVE MATERIAL; REPORTING ON RESEARCH .................................................. 9 NOTE 3: PERSONAL VOICE & EXPECTATIONS OF ACADEMIC PAPERS ........................................................................................... 10 NOTE 4: LEWIS & TOOLSHED REFERENCE - FROM PSYCHOLOGY & DISPUTE RESOLUTION ASSIGNMENT......................... 13 THE ISSUE OF KNOWING/ KNOWLEDGE: EPISTEMOLOGY .................................................................................................................... 13 KNOWLEDGE & LANGUAGE & THE FUNCTIONING OF THE DEAF ....................................................................................................... 14 NOTE 5: PUTTING THE LITERATURE IN ITS CONTEXT..................................................................................................................... 15 LIST 1: BIBLIOGRAPHY OF CHRIS ARGYRIS - CHRONOLOGICAL (MOST RECENT - LEAST RECENT).................................... 18 LIST 2: BIBLIOGRAPHY OF DONALD SCHON CHRONOLOGICALLY (MOST RECENT TO LEAST RECENT)............................ 20 TABLE 3: CHRONOLOGICAL SPREADSHEET......................................................................................................................................... 22 LIST 3: ALTERNATIVE DISPUTE RESOLUTION LITERATURE ........................................................................................................... 32 NOTE 6.0: ILL-STRUCTURED PROBLEM, EVERYDAY THINKING, DOUBLE-LOOP LEARNING................................................... 35 NOTE 6: ON CONFUSION IN THE USE OF TERMS IN RESEARCH - ESPECIALLY DESCRIPTORS ................................................. 36 NOTE 7: ON "TRANSFORMATIVE"; "TRANSFORMATION .................................................................................................................. 38 NOTE 8: READING INFLUENCES: UNDERSTANDING OF "RESEARCH ............................................................................................. 42 NOTE 9: ON BIBLIOGRAPHY OF CASE STUDY RESEARCH METHODOLOGY .................................................................................. 44 NOTE 10: ON BIBLIOGRAPHY OF ACTION RESEARCH ....................................................................................................................... 45 NOTE 11: REFLECTIVENESS - A LONG TERM PROJECT ...................................................................................................................... 46 NOTE 12: ON THE FIRST USE OF "REFLECTIVE PRACTICE .............................................................................................................. 47 NOTE 13: "REFLECTIVE PRACTICE" IN THE LITERATURE................................................................................................................. 48 NOTE 14: "REFLECTIVE RESEARCH" IN THE LITERATURE ............................................................................................................... 50 NOTE 15: ON ARTICULATING KNOWLEDGE, AND OBSERVABLE BEHAVIOUR - ALLAN PARKER ......................................... 51 NOTE 16: ON EXPERIENCE OF COURSE CONTENT IN THE MANAGEMENT PILOT ...................................................................... 53 NOTE 17: USE OF MYERS-BRIGGS............................................................................................................................................................ 53 NOTE 18: STUDENT QUESTIONNAIRE FORM ........................................................................................................................................ 55

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.3 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

NOTE 19:

NOTES PREPARED FOR STUDENTS - SEPTEMBER 1998 .................................................................................................... 59

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.4 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

TABLE 1: AN INDICATION OF JOURNAL ARTICLES


TERM SEARCHED: * Note 1 FINDS IN DATABASE EXPLORED: * Note 2; * Note 3; UTS Library ABI/ 1985reflective reflective practice reflective research reflective learning metacognitive action learning action research action science action research method case study method case study research case study research method critical incident critical incident debrief practice research 479 7 0 6 4 179 178 17 5 35 46 2 84 0 69 ERIC 19663385 377 3 35 993 171 2006 26 7 188 109 2 221 0 377 SOCA 1974560 13 1 2 7 21 593 9 4 45 51 0 37 0 271 CC 19932400 102 3 20 271 40 385 10 1 38 48 1 166 0 594 PERI 1986575 38 1 2 76 17 129 17 0 15 15 0 43 0 114 CINAHL 1982364 109 1 11 21 11 233 1 1 20 18 0 114 0 571 MEDLINE 19661538 91 1 10 87 28 289 5 2 36 16 0 201 0 1073 WAST 1983409 1 0 0 1 3 1 1 0 5 2 0 11 0 13

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.5 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

Note 1:

The terms searched are not necessary found in relationship. "Finds" for "case study research method" includes items which have each single word and all of the terms "case" and "study" and "research" and "method" in them. Some may have "case study" together or "case study research" or "case study method" or "research method". So, many of the finds are not necessarily relevant to the issue being searched for. Databases searched: NOTE Date Ranges!! ABI/INFORM: 1985-July 1998 Eric: 1966-April 1998 SOCA= SocioFile: 1974-August 1998 CC= Current Contents: 1993-1998 Week 36 PERI= Periodical Abstracts: 1986-July 1998 CINAHL= Cumulative Index to Nursing & Allied Health: 1982-July 1998 MEDLINE= 1966-September 1998 WAST= Wilson's Applied Science & Technology: 1983-July 1998 Not all the databases are mutually exclusive. Some databases overlap coverage of journals so some finds are "duplicates".

Note 2:

Note 3:

Overall, the table indicates the relative scantness of material on these issues. It also indicates the relative focus: "Education" (Eric) has more focus on "reflective" practice/ research/ learning than Nursing (CINAHL/MEDLINE) and Sociology (Sociofile) and Business (ABI), and in that order. The scan of the "currency" of the use of these terms indicates clustering reminiscent of "faddism": responses & enthusiasms tend to come into and go out of "fashion".

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Extended Notes

TABLE 2: AN INDICATION OF THE RECENCY OF WORK IN THE AREA


TERM:
*(Date split as per Wollongong Library)

ABI
19851992 19931998

ERIC*
198291 19923/98

CINAHL*
19821992 19936/98

PSYCLIT*
19671980 19811992 19931995 19966/98

MEDLINE*
19841990 19911995 19969/98

SOCIOFILE
19741981 19821991 19911998

reflect (will include reflective and reflection) reflective reflective learning reflective practice metacognitive action learning action science action research action research method case study method case study research case study research method critical incident critical incident technique

4680 227 2 83 2 83 3 86 2 15 12 0 42 11

4899 252 4 96 2 96 14 92 3 20 34 2 42 9

2759 905 8 52 450 46 9 502 2 76 47 1 63 27

2539 1947 38 321 522 77 15 1121 1 48 47 2 67 11

258 69 1 9 4 5 0 34 0 6 0 4 26 11

1345 832 53 232 47 29 18 483 8 29 95 8 269 99

2762 388 2 0 9 8 1 74 2 15 6 1 55 26

5590 808 5 9 567 48 9 233 4 55 33 2 83 25

1924 336 3 14 243 8 9 124 0 29 14 1 81 14

1623 234 2 21 172 13 2 73 1 14 17 4 59 12

14425 392 0 0 28 4 2 44 0 9 4 1 31 16

14803 510 2 50 31 12 2 133 2 22 13 0 85 30

8885 396 7 38 25 7 1 87 1 14 6 1 67 13

1186 127

1661 191

1425 225

1 104

5 209

3 270

10

19

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.7 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

TERM:
*(Date split as per Wollongong Library)

ABI
19851992 19931998

ERIC*
198291 19923/98

CINAHL*
19821992 19936/98

PSYCLIT*
19671980 19811992 19931995 19966/98

MEDLINE*
19841990 19911995 19969/98

SOCIOFILE
19741981 19821991 19911998

practice research

26

43

173

113

147

1508

961

2107

773

600

137

242

179

31

103

136

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.8 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

Section 1:

NOTE 1:

PRESENTATION: "THE 3M THEORY OF COLOUR"

I have sought to explain the basics of the Reflective Research of Practice at four student presentation sessions. At the first two in September, I used one cartoon: the "For gor's sake stop laughing - this is serious" of Stan Cross' riggers precariously suspended high over a yawning gap. I then used overheads with text from an early abstract (before the second transformation). I was attempting to raise the issue in a light way, was recognising that I didn't have a nice clear succinct definition, but that what Kressel had to say was worth considering. I then handed out material on adult learning - to deal with the student critique: I felt some students come to studies from the old paradigm - here is where you get the answers - sit and listen, note-take and regurgitate, and you will know. I also distributed some notes on the Reflective Research of Practice - my revised form1 , accompanied with the recommendation that the student might explore this concept, and the practice of journalling for reflective learning as a part of their professional practice toolkit. In the course of putting my "three little words" on the board, I spaced them in a triangle, and asked: was it reflection of practice? or practice of reflection?; research of practice? or practice of research?; research of reflection? or reflection on research?. Marilyn indicates a preference for "spatial" thinking. Over night between the two September sessions I thought of the Ezekiel wheel-within-wheels analogy, and had in mind to use it next day, with the drawing of circles around the words and overlapping them to give the composite. That didn't transpire. Then after discussion with Marilyn on Saturday 12 September, and the suggestion to divide the material being reported and to focus on the "conceptual", I spent the Sunday afternoon trying to deal with what material I had, and how I could work on one part and deliver the linkages to the other parts that would need to come later. I also sought to take words to paper - not sentences - a capture concepts and linkages. The three circle sets, and intersecting circles, became more formalised. Each of the components and the concepts impacting: eg practice and theory; training and education got a guernsey with "there is nothing so practical as a good theory". reflection and thinking processes like deduction and induction research - quantitative and qualitative, experimental
1

See remarks in Reflections material, attached

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.9 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

action and behaviour; instinctive and learned; imitated and deliberate

Then, following a casual comment from Gwenda about whether the circles were part of a colour theory exercise (some frames are predominant for some folk!) I began to explore colour: the primaries for the basic, foundational terms; the secondaries for the single overlaps, the tertiary for the mix of three. Then came another of Gwenda's irreverencies: "mixing makes mud". Then back to the primary colours: which for which, and then ?? AH HA - deBono .. the six hats. It was a "bit more together" for the next round of presentations. What was great about the next round was that two students worked with DeBono's colours for their presentations, the presenter immediately before me asking us to exercise the six thinking hats for a commercial mediation. Come the presentation with the Advanced Mediation group it was a bit clearer again, there were some other support cartoons - the problem of surveys, Gummesson's hermeneutical spiral, and the context of the occasion - what the other students present that the following participant can take up on. The colour mixing and unmixing seems to say something that I continue to fail to be able to express any other way.

NOTE 2:

ISSUES OF PRESENTATION OF REFLECTIVE MATERIAL; REPORTING ON RESEARCH

Fook, J The reflective researcher: social workers' experience with theories of practice research. Sydney: Allen & Unwin, 1996 p.1 "In writing this first chapter I faced a number of dilemmas as to how to construct it. I wanted to show that there are good theoretical justifications for taking a reflective approach, and I felt that unless I did so, the value of such an approach would be discounted. On the other hand, I did not want to do the very thing I am criticising in this book, to privilege formal theory over reflective experience."

Schon, DA The Reflective Practitioner: How professionals think in action New York: Basic Books, 1983 p. 344 "All of [the authors] purport to describe what is there, laying claim to a certain kind of objectivity. All of them adopt some form of what has come widely to be known as the ethnographic method, the careful qualitative description and analysis of case studies drawn from actual observation of an individuals or a groups practice. And all of them represent their findings about practice in a distinctive way: They tell stories.

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.10 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

"To present a case is to tell a story in the sense first enunciated by Aristotle (as Mattingly reminds us): the imitation of an action, with a recognizable beginning, middle, and end, and with recognizable characters, plot and setting."

Gummesson, E Qualitative Methods in Management Research: case study research, participant observation, action research/ science, and other "qualitiative methods" used in academic research and management consultancy. Calif.: Sage, 1991 p.3 "I have taken the liberty of writing the book in a personal manner. This is well in line with the tradition of qualitative research where the personality of the scientist is a key research instrument." (Italics Gummesson's)

NOTE 3:

PERSONAL VOICE & EXPECTATIONS OF ACADEMIC PAPERS

Remarks to Peter Raffles, April 1998, re "academic" approach: Can I also respond to another of your remarks: noting my use of the first person in the report, and the fact that this should be avoided in the development of academic treatises? As part of my current reading for my Reflective Research Practice research paper, I am getting some positive support from other areas to explore this much further. (Schon in particular.) One of the things I have tried to do in my assignment work is get some practical value out of it for myself, my situation. I have, by and large, my own frame; instructed by life and reading. When I have sat down to do assignment work I have had the need to indicate where ideas have come from, or where there is independent support for my frame and/or emphasis on the issues that are of importance to me. On one hand, there is some expectation that students will be original and/or creative and/or critical/ evaluative in their thinking, analysis of the topic at hand. And yet, there is almost no encouragement to own what is ones own position, or at least to own the expression of it as ones own. I confess, that where you picked up on it, I was endeavouring to not have to chase some sort of independent documentary support of the point of view I had, and the easiest and quickest way of doing that was to own it as my own especially as it was a sort of sweeping big picture gathering of a viewpoint. My background is a first degree in science, with chemistry as my major. I think I am reasonably well grounded in objectivity. And my style, as a person, with the Myers Briggs INTJ tag, is generally to operate from an observer stance!! There are times when I suspect that

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.11 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

this is only a coping mechanism, to help me maintain self-control, and that unless I can leave that high and lofty perch, and expose myself to criticism for the positions I espouse, I am unlikely to learn as much as I otherwise could. The same dilemma is experienced by journalists at times. Catherine Lumby in "Saying sorry is an everyday act that can change our history" Sydney Morning Herald, Friday 9 October 1998, notes: "The easiest way to incense one in every ten readers is to kick off a column with the word "I". ... It's common wisdom among journalists that the first-person should be used sparingly, if at all. The personal voice is usually equated with vanity and triviality - it's seen as "fluffy" and inherently feminine. "Serious thinking, on the other hand, is associated with an objective tone and a focus on big-picture issues. "What this distrust of the first-person points to is the key role rhetoric plays in the circulation of ideas. Writers or speechmakers who want to convey a sense of authority learn to ditch phrases such as "I think" in favour of universalising phrases such as "As we know"."2 This issue has been canvassed at the Peer Group Pilot, when on 9 October, 1998, we convened to critique my draft paper. Both peers were uncomfortable with the first person, and consider that it will be discounted by academic circles. One peer also noted that there is sometimes a perception that by saying "I", etc, the writer is being more honest, and that sometimes this is not so. There are times when the impersonal is more honest. If I understand this last point accurately (and I expect the issue is rather subtle, since the expression of it seems to slide away from me): it is that with the impersonal expression, there is less element of trying to mask the possibility of self-deception.

The "I think", in usage, has an ambiguous aspect to it. Like "manage" and "cope"! "I think"= what "I" thinks. OR it can convey an element of provisionality, compared with "we know". With "I think" a person can change their mind. Changing the mind is supposed to be a woman's privilege. In conversation the intonation and the emphasis may give the sense: I think, or I think that it is only/just ... can make it even more provisional.

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Extended Notes

(Further remarks 29.10.98) I have had cause to reconsider this personal voice issue, yet again: Peer Group counsel, and the reaction of a last stage editor, used to academic work. Also, in the course of finalising these extended notes I have transcribed the Coser abstract (Note 12 - First Use of "Reflective Practice") and the use of the term "empirical" and "empiricism" (Note 6). I think I need to say a couple more things in this regard: 1. In my exploration of my own practice, obviously what I am experiencing is being recorded, and disclosed. A comment at the Peer Group Pilot may have meant that the readers were thinking that I was claiming "uniqueness" of my experience (See Section 4.2, Item 6 is expressed in such a way that this might well be my claim). That is not the case. What I am trying to do is disclose my thinking. Then, my disclosure can be challenged. There is the potential for others to confirm or disconfirm. If others confirm from their experience we are talking about common human experience, and we may be able to generate generalizable knowledge from that. Without someone disclosing first, this will not happen. Secondly, if the disclosure and the other party's experience is similar, the second party may find this process of disclosure and confirmation (mutualising/ normalising individual experience) liberating to the extent that they then disclose what has been perplexing them. This may open up another area of investigation, leading to generalizable knowledge. The risk in the "personal" and reliance on "personal experience" and the claiming of privilege for the subjective, is that "anything goes" - there is no control. This I think underlies Coser's concerns in 1975, Schon (1991) and Kressel's (1997) concerns, and the concerns of the Peer Group pilot and other academics. I think the Argyris & Schon position, with their Model II behaviour has much more common integrity than that. Since I am trying to learn it, to be able to model it, persisting with the personal voice in this report is important for me, and perhaps important to challenge the academic reluctance with this form. I am also happy to concede that there are sections of the report where the personal voice is unnecessary. At this stage of the development of the document, time has beaten me to the task of reviewing that and undertaking an appropriate edit of the material to deal with that. I also think that having some "personal" and some more deliberately impersonal, might result in a certain dislocation to the presentation, but I won't know that until I do the edit and re-read and ask others for their reactions. So far as having a "unique" frame is concerned: I am talking about my apparent idiosyncrasies compared with my current workplace peers. It may be that the Peer Group Pilot is so similar (MBTI essentially a match; working in the same arena - public service; personnel & policy; original training and experience for high school teaching, two of us in science!!) that what at Shellharbour Council is idiosyncratic is not generally so, and that the Peer Group is more truly "peer" for me. At Shellharbour Council, I think that my idiosyncrasy is important for diversity, to be available to challenge "groupthink". It is also lonely; or may only be so because in the past I have chosen not to disclose very much or very often, to find out who are my soulmates!

2.

3.

4.

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.13 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

NOTE 4: LEWIS & TOOLSHED REFERENCE - FROM PSYCHOLOGY & DISPUTE RESOLUTION ASSIGNMENT
THE ISSUE OF KNOWING/ KNOWLEDGE: EPISTEMOLOGY
I am assuming that we can know something about this, and other "internalities". Another has put the question of "knowing", in this respect, better than I could ever attempt CS Lewis, (1945) Meditation in a Toolshed (in Lewis, CS Undeceptions: Essays on Theology and Ethics. London: Bles, 1971.) "I was standing today in the dark toolshed. The sun was shining outside and through a crack at the top of the door there came a sunbeam. From where I stood that beam of light, with the specks of dust floating in it, was the most striking thing in the place. Everything else was almost pitch-black. I was seeing the beam, not seeing things by it. "Then I moved, so that the beam fell on my eyes. Instantly the previous picture vanished. I saw no toolshed, and (above all) no beam. Instead, I saw, framed in the irregular cranny at the top of the door, green leaves moving on the branches of a tree outside and beyond that, 90-odd million miles away, the sun. Looking along the beam, and looking at the beam are two very different experiences." ... "As soon as you have grasped this simple distinction, it raises a question. You get one experience of a thing when you look along it and another when you look at it. Which is the "true" or "valid" experience? Which tells you most about the thing? And you can hardly ask that question without noticing that for the last fifty years or so everyone has been taking the answer for granted. It has been assumed without discussion that if you want the true account of religion you must go, not to religious people, but to anthropologists; that if you want the true account of sexual love you must go, not to lovers, but to psychologists; that if you want to understand some "ideology", you must listen not to those who have lived inside it, but to sociologists.

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Extended Notes

"The people who look at things have had it all their own way; the people who look along things have simply been brow-beaten. " ...... "I could allow a scientist to tell me that what seemed to be a beam of light in the shed was "really only an agitation of my own optic nerves". ... The cerebral physiologist may say, if he chooses, that the mathematician's thought is "only" tiny physical movements of the grey matter. But then what about the cerebral physiologist's own thought at that very moment?" ...... "We must, on the pain of idiocy, deny from the very outset the idea that looking at is, by nature, intrinsically truer or better than looking along. One must look both along and at everything. In particular cases we shall find reason for the one or the other vision as inferior. Thus the inside vision of rational thinking must be truer than the outside vision which sees only movements of the grey matter; for if the outside vision were the correct one all thought (including this thought itself) would be valueless, and this is self-contradictory. You cannot have a proof that no proofs matter. .. We do not know in advance whether the lover or the psychologist is giving the more correct account of love, or whether both accounts are equally correct in different ways, or whether both are equally wrong."

Also from assignment on Psychology and Dispute resolution:

KNOWLEDGE & LANGUAGE & THE FUNCTIONING OF THE DEAF


The importance of language raises the following questions for me: What do the profoundly deaf know? How do they know it? How can they make it explicit? (Can they learn to read, write, and therefore communicate effectively? - Yes) Making one's knowledge explicit is not necessary for basic survival functioning. It does limit functioning, at a level comparable to the hearing community, but to what extent fundamentally? - Helen Keller got anything to say on this??

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Extended Notes

NOTE 5:

PUTTING THE LITERATURE IN ITS CONTEXT

The critique 3 has been made that I have used some citations extensively, and not indicated how they relate to the body of work: neither internally eg Argyris Reasoning (1982) and Argyris' later work; and Schon (1983, 1987, 1991), nor to the world of ideas current in which these books were written. As noted in the text so far, my personality style is "analytic" - I usually respond to such a challenge by chasing the detail 4 . And in this case, I recognise that the context of ideas is important, and I am actually intellectually curious enough about it myself to investigate that, to want to know. For instance the body of Argyris' work is as per list 1; the body of Schon's work is also as per list 2. They are indicated chronologically from most recent to the oldest. The boldface items are the ones I have laid hands on and used. As I have being doing my ADR studies over the past three years I have built a chronology of ideas and activities, to try and keep an eye on this issue, as indicated in Table 3. But to do more than that would be yet another "academic" task. I was encouraged, early in my deliberations, by Professor Geoffrey Scott, to not be so diverted: to spend my energies on the practical - the course design stuff. There is a point where the conceptual is very valuable "There is nothing so practical as a good theory." (Lewin (?) and others). That is why I am working on concepts in this paper. But the scope has to be bounded. And this is the boundary at this stage. I might also add that the Research Paper/ Project which was commenced in June 1997 and aborted for insufficient direct, questionnaire-survey evidence (size of sample), sought to explore this very issue. The task was cast in the following terms: The research project proposal that I have in mind is: an endeavour to seek the answer/s to the question/s of:
3 4

Peer Group Pilot session 9/10/98

And those with an intuitive knowledge of this can divert me to get more facts, when what is needed is that they be prepared to make a decision. In some cases more facts won't help them make that decision. (The "ill-structured" question and the decision-action dilemma).

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.16 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

1. 2.

what are the origins of the processes of ADR? and what are the origins of the concepts being sought to be applied in ADR?

or another way of expressing it might be: 3. what have been the "conceptual" contributions to the development of ADR? (in Australia, in NSW, in 1997) And in considering that, is there evidence that ADR is simply an example of knowledge/ wisdom that has been, and has been lost, and has now had to be refound, in a "scientific model" paradigm? My interest in this aspect of ADR has come from: 1. the question of what the Bible teaches about resolving conflict, assisting with conflict resolution 2. therefore what other "cultural"/ "historic" knowledge/ wisdom might be/ have been around, about these issues: anecdotes, fables, fairy stories, cultural learning and development 3. the context of modern scholarship, and the "modern"/ "contemporary" timeframe 3.1 how the use of computers and databases and searching tends to limit the horizon of current scholars/ students only maybe, to material published 197.. and in such databases 3.2 new/young is good: old is bad; not good enough 4. the context of 1997 in the scienti-technological timeframe 4.1 humanistic rationalism of the Renaissance 4.2 power of the scientific model with results applied to technological change The proposed process of going about this research involves developing a chronology of the various strands involved: 1. ideas 2. fields of study: 2.1 scientific method 2.2 psychology 2.3 sociology 2.4 law 2.5 political development 2.6 etc 3. critical events 4. ???

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.17 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

Material will be gathered from many sources, to see if a whole can be developed from diverse parts. The process will include analysis of bibliographic sources/ including bibliographies recognised by relevant participants in the process of developing/ disseminating the concepts. A second thrust will be to explore the concerns and background of a sample of ADR practitioners as follows: PROJECT INVESTIGATION: To see if there are any common indicators of home life, family beliefs, religious upbringing training: formal, informal, reading, interaction with key mentors, interaction with key peers experience which may have contributed to the formation of the individual's adult "frame" and which may have prepared/ "primed" the leaders of ADR in Australia to have an openness to the concepts/ principles espoused in ADR to encourage them to "make the change"; "give the change their support" in the practice ADR as either a preferred mechanism of dispute resolution, or as another legitimate, important tool for practitioners in dispute resolution. ["Leaders": = members of NADRAC, academics, writers - texts, key ADRJ article writers] To see if there are similar indicators in the backgrounds of some of the "leading lights" amongst the writers of ADR literature in the UK, US (NZ, Canada). To see if there are similar indicators in the backgrounds of a random sample of current MDR/GCDR students.

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.18 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

LIST 1:

BIBLIOGRAPHY OF CHRIS ARGYRIS - CHRONOLOGICAL (MOST RECENT - LEAST RECENT)

(Material in Bold face indicates material I have at hand, and by-and-large have read) Argyris, C "The Aston Studies and design Causality." in Advancement in organizational behavior: essays in honour of Derek S Pugh. [ ]: Ashgate, 1997 Argyris, C "Unrecognized Defenses of Scholars." in Organizational Science forthcoming, 1996 Argyris, C Schon, D Organisational Learning II: Theory, Method, and Practice. Reading, Mass.: Addison-Wesley, 1996 Argyris, C "Good Communication That Blocks Learning." in Harvard Business Review, vol. 72, no. 4: 77-85, 1994 Argyris, C "Litigation Mentality and Organizational Learning." in The Legalistic organization. [ ] Sage, c1994 Argyris, C Knowledge for Action: A Guide to Overcoming Barriers to Organizational Change. San Francisco: Jossey Bass, 1993 Argyris, C Kaplan, R "Implementing New Knowledge: The Case of Activity-Based Costing." Harvard Business School Working Paper, November 8, 1993 Argyris, C On organizational learning. Cambridge, Mass.: Blackwell, 1992 Argyris, C "Knowledge When Used in Practice Tests Theory: The Case of Applied Communication Research." in Applied communication in the 21st century. [ ] L. Erbaum Assoc, 1995 (Papers presented as a conference .. 1991) Argyris, C "Teaching Smart People How to Learn" in Harvard Business Review, vol. 69 (3), pp.99-109, 1991 Argyris, C Overcoming organizational defenses: facilitating organizational learning Boston, Mass.: Allyn and Bacon, 1990 Argyris, C "Alternatives ambiguity amphotericin therapy." in Decision making: descriptive, normative and prescriptive interactions. [ ]: Cambridge UP, 1988 Argyris, C "First- and second-order errors in managing strategic change." in The Management of strategic change. [ ]: Blackwell, c1987 Argyris, C Putnam, R Mc Lain, D Action science. San Francisco: Jossey Bass, 1985 Argyris, C Strategy, change, and defense routines. Boston: Pitman, 1985 Argyris, C Reasoning, Learning and Action: Individual and Organizational. San Francisco: Jossey-Bass, 1982 Argyris, C The Inner Contradictions to Rigorous Research. New York: Academic Pr, 1980. Argyris, C Schon, D Organisational Learning: A Theory of Action Perspective. Reading, Mass.: Addison-Wesley, 1978

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Extended Notes

Argyris, C Increasing leadership effectiveness. New York: Wiley, c1976 Argyris, C Behind the front page: (organizational self-renewal in a metropolitan newspaper). San Francisco: Jossey Bass, 1974 Argyris, C Schon, D Theory in Practice: increasing professional effectiveness. San Francisco: Jossey Bass, 1974 Argyris, C The applicability of organizational sociology. Cambridge, Eng.: University Pr., 1972 Argyris, C Management and organizational development: the path from XA to YB. New York: McGraw-Hill, (1971) Argyris, C Intervention theory and method: a Behavioural Science View. Reading, Mass: Addison-Wesley, 1970 Argyris, C Organization and innovation. Homewood, Ill.: Irwin, 1965 Argyris, C Integrating the individual and the organization. New York: Wiley, 1964 Argyris, C Interpersonal competence and organizational effectiveness. Homewood, Ill.: Irwin-dorsey, 1962 Argyris, C and others Social Science approaches to business behavior. London: Tavistock Pubs., 1962 Argyris, C Personality and organization: the conflict between system and the individual. New York: Harper, [1957] Argyris, C Role-playing in Action. [s.n.]: 1951 Cornell University, New York State School of Industrial and Labor relations. Bulletin So far as I have been able to guage Argyris' 1982 work is seminal, the ideas are brought forward into his other work. This one is the detail. Argyris, C Reasoning, Learning and Action. San Francisco: Jossey-Bass, 1982 This presents the representative conversational data from which the espoused-theory, and theory-in-use, single- and double-loop learning concepts have been developed. It establishes the case for the ineffectiveness of Model I (single-loop) learning for handling behavioural and interaction learning. It enunciates the theory of Model II (double-loop) learning, and the interventions and teaching to facilitate Model II learning. It then applies these concepts to aspects of organisational development, concluding with the call for the development of action science in the consulting, organisational development field.

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.20 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

LIST 2: BIBLIOGRAPHY OF DONALD SCHON CHRONOLOGICALLY (MOST RECENT TO LEAST RECENT)


(Material in Boldface indicates material I have at hand, and by-and-large have read) Schon, DA Sanyal, B Mitchell WJ High technology and low-income communities: prospects for the positive use of advanced information technologies. Cambridge, Mass.: MIT Pr, 1997 Schon, DA Bennett, J "Reflective Conversation with Materials." in Bringing design to software. [ ]: Addison-Wesley, c1996 Argyris, C Schon, D Organisational Learning II: Theory, Method, and Practice. Reading, Mass.: Addison-Wesley, 1996 Schon, DA "Causality and Causal Inference in the Study of Organizations." in Rethinking knowledge: reflections across the disciplines. [ ]: State Univ of New York Pr., c1995 Schon, DA "The new scholarship requires a new epistemology." Change. 1995, 27:6, p.26-29 Schon, DA Rein, M "Reframing Policy Discourse." in The Argumentative turn in policy analysis and planning. [ ]: Duke Univ Pr., 1993 Schon, DA (ed) The Reflective Turn: Case Studies in and on educational practice. New York: Teachers College Press, 1991 Schon, DA Educating the Reflective Practitioner: Toward a new design for teaching and learning in the professions. San Francisco: Jossey-Bass, 1987 Schon, DA "The Art of Managing." in Interpretive social science: a second look [ ]: Univ. of California Pr., 1979, rev ed c1987 Schon, DA The Design Studio: An Exploration of its traditions and potentials. London: RIBA Pubs., 1985 Schon, DA The Reflective Practitioner: How professionals think in action New York: Basic Books, 1983 Schon, DA Rein, M Frame Reflection: Toward the Resolution of Intractable Policy Controversies. New York: Basic Books, 1983 Schon, DA "Intuitive thinking." in U-shaped behavioral growth. [ ]: Academic Pr., 1982

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Extended Notes

Schon, DA Policy planning as a design process: a seminar with Donald A Schon. [ ] Centre for Human Settlements, Univ of British Columbia, 1980 Argyris, C Schon, D Organisational Learning: A Theory of Action Perspective. Reading, Mass.: Addison-Wesley, 1978 Argyris, C Schon, D Theory in Practice: increasing professional effectiveness. San Francisco: Jossey Bass, 1974 Schon, DA Beyond the Stable State: Public and Private Learning in a Changing Society. London: Maurice Temple Smith, 1971 Schon, DA Technology and Change: The New Heraclitus. New York: Delacorte Pr, 1967 Schon, DA Invention and the evolution of ideas. London: Tavistock Pub., 1967 First published in 1963 as "Displacement of Concepts"

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.22 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

TABLE 3: CHRONOLOGICAL SPREADSHEET


History of Development of Ideas in Dispute Resolution

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.23 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1 YEA R 1900 1904 1905 1910 1914 1923 1923 1926 1929 1929 1932 1937 1938 1938 1939 1941 1943 1944 1945 1945 1945 1946 1946 1947 1947 1948 1950 1950 1951 1951 Piaget: Play, Dreams & Imitiation in Childhood Lewin: Field Theory in Social Science Montessori:To educate the human potential Price of New Sedan: 1697; Av Weekly Wage: $21.50 Compulsory voting in local government elections instituted Maslow: Hierarchy of needs Commencement of World War 2 Freud: Three contributions to the theory of Dewey: How we think History of Ideas Critical Incident

Extended Notes

Legal Change/ Government Activity Arbitration & Conciliation Court (Federal) for Industrial Disputes

Freud: The interpretation of dreams

Commencement of World War 1 Freud: The ego and the id Jung: Psychological types Piaget: The Language and Thought of the Child Montessori: Formation of Associatione Montessori Internationale Adler: The practice & theory of individual psychology Piaget: The moral judgement of the Child Huxley: Ends & Means Skinner: The Behaviour of Organisms

NSW Industrial Relations Act, 1945


Price of New Sedan: 1200 ; Av Weekly Wage: $12.90

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.24 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1 YEA R 1951 1951 1952 1953 1953 1953 1954 1955 1955 1956 1956 1957 1958 1959 1959 1959 1959 1960 1960 1961 1961 1961 1962 1962 1962 1963 1963 1963 1963 1964 Kuhn: The Structure of Scientific Revolutions Hesse: Models & Analogies in Science Popper: Conjectures & Refutations: the Growth of Scientific Knowledge Luft: Group processes Milgram: Behavioural study of obedience (The Eichmann syndrome: I was only obeying orders) Fisher: International Conflict & Behavioural Science Rachel Carson: The Silent Spring Rogers, C: A Theory of Therapy, Personality, and Interpersonal Relationships Price of New Sedan: $2361; Av Weekly Wage: $45.00 First issue of "Choice" Rogers, C: On becoming a person: a therapist's view of psychotherapy Jung: Memories, dreams, reflections Formation of Australian Consumers' Association Piaget: The Child's Conception of Space First Journal of Conflict Resolution, cited by Deutsch - typologies of conflict Elmore Jackson's historical survey of mediation "Meeting of Minds" cited in Deutsch Skinner: Science & Human Behaviour Toulmin: The Philososphy of Science Likert: (organisations stuff) Piaget: The Construction of Reality in the Child Montessori: The formation of man Price of New Sedan: $2284; Av Weekly Wage: $35.50 History of Ideas Critical Incident

Extended Notes

Legal Change/ Government Activity

Rogers, C: Client-centred Therapy: Its current Practice, implications and Theory

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.25 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1 YEA R 1964 1964 1965 1965 1965 1965 1966 1966 1966 1967 1967 1967 1968 1968 1968 1968 1968 1968 1968 1968 1969 1969 1969 1970 1970 1970 1970 1970 1970 1970 LG Ass Grant 1969-1972 Sewerage Loan Raising 1969-1978 Piaget: The Psychology of the Child Price of New Sedan: $2435; Av Weekly Wage: $79.60 deBono: The mechanism of mind deBono: New think Jung: Analytical Psychology: its theory and practice Price of New Sedan: $2140; Av Weekly Wage: $55.70 History of Ideas Koestler: Act of creation Critical Incident

Extended Notes

Legal Change/ Government Activity

Law Commissions Act 1965 (UK)


Milgram: Some conditions of obedience and disobedience to authority Hesse, M: Models and Analogies in Science

NSW Law Reform Commission (admin)


Bandura: The role of modeling personality development

NSW Law Reform Commission (statut)

Origlass expelled from Labour Party for opposition to chemical plant development Balmain Compulsory voting in local government elections repealed

Supreme Court Act, 1970 (NSW) Local Courts (Civil Claims) Act 1970 (NSW)
Piaget: Piaget's Theory Kuhn: The Structure of Scientific Revolutions - paradigm shift deBono: Lateral Thinking Argyris: Intervention Theory & Method

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.26 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1 YEA R 1970 1971 1971 1971 1971 1971 1971 1971 1971 1972 1972 1972 1972 1972 1972 1973 1973 1973 1973 1973 1974 1974 1974 1974 1974 1974 1974 1974 1974 1975 AAP Scheme Milgram: Obedience to authority: an experimental view Argyris & Schon: Theory in Practice Delbecq, etc: Group techniques for program planning: NGT; Delphi Deutsch: The Resolution of Conflict Janis: Victims of Groupthink Piaget: Development & Learning SPIDR founded Bateson: Steps to an Ecology of Mind History of Ideas Critical Incident

Extended Notes

Legal Change/ Government Activity

Montessori: The four planes of education deBono: Practical Thinking Toffler: Future Shock Janis: Groupthink Shaw: Group dynamics

Builders Licensing Act, 1971 Builders Licensing Board

District Court Act 1973 (NSW) Law Reform Commission (Aust) Act 1973 Ombudsman Act 1973 (Vic) Consumer Claims Tribunal
RED Scheme 1974 & 5 Public Participation instituted at Shellharbour Council

Ombudsman Act 1974 (NSW)

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.27 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1 YEA R 1975 1975 1975 1975 1975 1975 1975 1975 1975 1975 1976 1976 1976 1976 1976 1976 1977 1977 1977 1977 1977 1977 1978 1978 1978 1978 1979 1979 1979 1980 Bateson: Mind & Nature deBono: Opportunities Argyris & Schon: Organizational Learning Toulmin: Introduction to Reasoning End of Sewerage Loan Raising Toulmin: Knowing & Acting Bandura: Social learning theory Revenue Sharing Grant History of Ideas Critical Incident

Extended Notes

Legal Change/ Government Activity

Price of New Sedan: $3798; Av Weekly Wage: $163.70 Average weekly earnings: $148.30 = $7738 pa; Federal Parliament b'bench = $24100

Australian Law Reform Commission formed Family Law Act, 1975 Institute of Arbitrators Australia
Appointment of first Chief Town Planner at Shellharbour Council - previously serviced by Wgong City staff

Federal Court of Australia Act, 1976 Administrative Appeals Tribunal Act, 1976
Compulsory voting in local government elections restored; with proportional representation optional

Anti-Discrimination Act, 1977


Rate pegging introduced

Environmental Planning & Assessment Act, 1979 Pilot project: Community Justice Centres NSW: Bankstown Surry Hills & Wollongong 1980
Price of New Sedan: $7900; Av Weekly Wage: $270.00

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.28 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1 YEA R 1980 1980 1980 1980 1980 1981 1981 1981 1982 1982 1982 1982 1982 1982 1983 1983 1983 1983 1983 1983 1983 1983 1983 1984 1984 1984 1984 1984 1984 1984 Yin: Case Study Research Gardner: Frames of Mind Carr&Kemmis: Becoming Critical Schon: The Reflective Practitioner Dunn: Reforms as Arguments Peters & Waterman: In Search of Excellence Raiffa: Art & Science of Negotiation Fisher & Ury: Getting to Yes Mezirow: Critical theory of adult learning and education History of Ideas Critical Incident

Extended Notes

Legal Change/ Government Activity

?January Negotiation workshop at Harvard Law School

ALRC Discussion Paper - Aboriginal Customary Law - Recognition

Community Justice Centres Act, 1983 (NSW) Arbitration (Civil Actions) Act, 1983 (NSW) [court-annexed arb in District & Local courts] Construction Forecasting Committee, December 1983

Commercial Arbitration Act, 1984 (NSW) Compensation Court Act 1984 (NSW)
Second level rate pegging NSW Govt picks up repayment of Sewerage Loan CEProgram

Administrative Appeals Tribunal Act 1984 (C'wealth)

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.29 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1 YEA R 1984 1984 1985 1985 1985 1985 1985 1985 1985 1985 1986 1986 1986 1986 1986 1987 1987 1987 1987 1987 1987 1987 1987 1988 1988 1988 1988 1989 1989 1989 Strategies for the Reduction of claims and disputes in the construction industry Ravetz: usable Knowledge Bandura: Social foundations of thought and action: a social cognitive theory deBono: Conflicts - a better way to resolve them Negotiation Journal commences Argyris et al: Action Science Boud et al: Reflection: turning experience into learning Price of New Sedan: $13011; Av Weekly Wage: $413.90 Steel Cities Assistance History of Ideas Critical Incident

Extended Notes

Legal Change/ Government Activity

Kolb: Experiential learning

Family Mediation Centre [Family Advancement Resources Cooperative / Unifam A&C p.4]

ACDC established as non-profit organisation by NSW State Govt (January)

ALRC Rpt 31 -Recognition of Aboriginal customary law

NSW Law Reform Commission - issue of training & accreditation of mediators referred Law Society of NSW formed Dispute Resolution Committee
Australia Reconstructed: Report of ACTU Mission

Review of NSW Court System -> development of ADR


Structural Efficiency Principles in National Wage Case

NSW Law Reform Commission - Working Paper [on training & accredit.n of mediators] Building Services Corporation Act 1989 Freedom of Information Act, 1989

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.30 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1 YEA R 1989 1990 1990 1990 1990 1990 1990 1990 1990 1990 1990 1990 1991 1991 1991 1991 1991 1991 1991 1991 1991 1991 1991 1991 1992 1992 1992 1992 1992 1992 Baskett&Marsick: Professionals' Ways of Knowing June: Implementation date for Award B&L and Pay Rates Toulmin: Cosmopolis History of Ideas Critical Incident

Extended Notes

Legal Change/ Government Activity

deBono: I am right you are wrong Acland: A Sudden Outbreak of Commonsense / Link to Terry Waite acknowledged; Harvard Negotiation Project; Centre for Analysis of Conflict, Univ of Kent Burton: works on conflict theory Price of New Sedan: $xxxxx; Av Weekly Wage: $xxxx NPWC/NBCC - "No Dispute - Strategies for Improvement in the Australian Building & Construction Industry

Attorneys-General of SA, Vic, NSW reports & discussion papers on ADR Practice Note 58 NSW Supreme Court - for Construction list [extension of court annexed arb to Supreme Court] Training Guarantee Administration Act, 1990

Second tier pay increases from commencement of award restructuring from 1988 direction Bandura: Social cognitive theory of self-regulation Ury: Getting Past No Ericsson: Toward a general theory of expertise

Courts (Mediation & Arbitration) Act, 1991 (C'wlth) Local Court ($40,000) Building Disputes Tribunals Industrial Relations Act, 1991
Commencement of enterprise bargaining December: Local Government (State) Award Mezirow: Transformative dimensions of adult learning

Australian Standards AS-2124 disputes clause ADR & arbitration Mabo (Murray Islands case) High Court decision

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.31 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1 YEA R 1992 1992 1993 1993 1993 1993 1993 1994 1994 1994 1994 1994 1994 1994 1995 1995 1995 1995 1996 Sulloway: Born to Rebel: Radical Thinking in Science and Social Thought deBono: Parallel Thinking Argyris: Knowledge for Action History of Ideas Critical Incident

Extended Notes

Legal Change/ Government Activity

Royal Commission into Productivity in the Building Industry in New South Wales (Gyles) Jobskills

District Court Act ? change ($250,000) Local Government Act, 1993

Local Court ($25,000) Courts Legislation (Mediation and Evaluation) Amendment Act 1994 (NSW) Retail Leases Act 1994 (NSW) Farm Debt Mediation Act 1994 (NSW) Building Services Corporation Act Amendments
Average weekly earnings: $662.70 = $34580 pa; Federal B'bench = $104527

MDR RESEARCH PROJECT 77781:Dianne Allen (Student No. 96027747) p.32 REFLECTIVE RESEARCH OF PRACTICE: APPLIED TO THIRD PARTY INTERVENTIONS - Part 1

Extended Notes

LIST 3:

ALTERNATIVE DISPUTE RESOLUTION LITERATURE

ADR BIBLIOGRAPHY: ALPHA ORDER


Acland, AF Resolving Disputes Without Going to Court: A Consumer Guide to Alternative Dispute Resolution. London: Random House, 1995 Adler, RB Rosenfeld, LB Towne N Interplay: the Process of Interpersonal Communication. NY: Harcourt Brace Jovanovich, 5th ed c.1992 Allen, D Resources for Strategic Interventions used by Mediators, Facilitators and Conciliators. [Unpublished] Presentation Assignment for course work on Dispute Resolution for the UTS MDR, 4 May, 1996 Allen, D Equipping Staff to Handle Disputes Effectively in Local Government. [Unpublished] Research Assignment for course work on Dispute Resolution for the UTS MDR, May, 1996. Allen, D Issues in Training in Negotiation Skills for an Organisational Setting. [Unpublished] Assignment for course work on Negotiation for the UTS MDR, June, 1996 Allen, D Facilitation: The Use of Mediation techniques & Processes in Resolving Differences in Group Decision-Making. [Unpublished] Assignment for course work on Advanced Mediation for the UTS MDR, November, 1996. Allen, D Learning from the Experience of Disputes at Shellharbour City Council. [Unpublished] Assignment for course work on Dispute Resolution in Commerce for the UTS MDR, November, 1996 Allen, D Lessons to be Learned from the Experience of Disputes in the Construction Industry. [Unpublished] Assignment for course work on Construction Industry Dispute Resolution for the UTS MDR, March, 1997 Allen, D Nature of Conflict & Its Role in Society. [Unpublished] Assignment for course work on Psychology & Dispute Resolution for the UTS MDR, May, 1997 Allen, D Industrial Dispute Resolution: Issues, Trends and Implications. [Unpublished] Assignment for course work on Industrial Dispute Resolution for the UTS MDR, October, 1997 Alviano, P "Environmental Conflict and the Failure of Community Participation" Australian Dispute Resolution Journal, 1995, Vol 6, p33-42 Argyris, C Intervention theory and method: a Behavioural Science View. Reading, Mass: Addison-Wesley, 1970 Astor, H & Chinkin, CM Dispute Resolution in Australia. Sydney: Butterworths, 1992 Atherton, T & T "Mediating Disputes over Tourism in Sensitive Areas" Australian Dispute Resolution Journal, 1994, Vol 5, Part I p7 and Part II p135 Auerbach, JS Justice without Law? New York: Oxford UP, 1983 Bormann, Ernest G. Small group communication: theory and practice. New York: Harper & Row, 1990, 3rd ed. Boulle, L Mediation: Principles, Process, Practice. Sydney: Butterworths, 1996 Broome, B "Managing differences in conflict resolution: the role of relational empathy." in Sandole, DJD, van der Merwe, H Conflict Resolution Theory and Practice: integration and application. Manchester: Manchester UP, c.1993 Bunker, BB Rubin, JR & assoc Conflict, Cooperation & Justice. San Francisco, Calif.: Jossey-Bass, 1995 Burton, J Conflict: Resolution and Provention London: Macmillan, 1990 Burton, J & Dukes, F Conflict: Readings in Management & Resolution London: Macmillan, 1990 Bush, RA Baruch, Folger, JP The Promise of Mediation: Responding to Conflict through Empowerment and Recognition. San Francisco: Jossey-Bass, 1994 Cahn, DD Conflict in Personal Relationships. NJ: Erlbaum & Associates, c.1994 Carnevale, PJD & Pegnetter, R "The Selection of Mediation Tactics in Public Sector Disputes: a Contingency Analysis" (1985) 41 Journal of Social Issues 65 Cathcart, RS Samovar, LA Henman, LD Small Group Communication: Theory & Practice. Madison: Brown & Benchmark, 1996 Charlton, R & Dewdney, M The Mediator's Handbook: Skills and Strategies for Practitioners. Sydney: LBC Information Services, 1995

Extended Notes Christie, E "Ecologically Sustainable Development and Environmental Dispute Resolution" Australian Dispute Resolution Journal, 1993, Vol 4, p257 Cohen, H You Can Negotiate Anything. Sydney: Angus & Robertson, 1994 c.1980 Cohen, RJ "Mediation Standards." Australian Dispute Resolution Journal, 1995, 6(1), p.25-32 Condliffe, P Conflict Management: a practical guide. Collingwood, Vic.: TAFE Pubs., 1991 David, J, Designing Dispute Resolution Systems. [Sydney: Paper for Second International Mediation Conference, 1996] David, J Mediation Course Manual. Sydney: UTS-Centre for Dispute Resolution Model, 1995. Davis, AM "In Theory: An Interview with Mary Parker Follett." Australian Dispute Resolution Journal, 1992, 3(1), p.7-20 DeBono, E Conflicts: a better way to resolve them. London: Penguin, 1991 (c.1985) DeBono, E I am Right - You are Wrong: From This to the New Renaissance: From Rock Logic to Water Logic. London: Penguin, 1990 Delbecq, AL Van de Ven, AH Gustafson, DH Group Techniques for Program Planning: a gudie to nominal group and delphi processes. Glenview, Ill.: Scott, Foresman & Co., 1975 Deutsch, M The Resolution of Conflict: Constructive and Destructive processes. New Haven: Yale University Press, c.1973 Dixon,NF Our Own Worst Enemy. London: Cape, c.1987 Doyle, D "The thinking person's guide to mediation" [1995] Local Government Management, August 1995, 10-15 Farrar, A Inglis, J (ed) Keeping it together: State and Civil Society in Australia. Leichhardt, NSW: Pluto Pr, 1996 Faulkes, W "The Modern Development of Alternative Dispute Resolution in Australia" Australian Dispute Resolution Journal, 1990, 1(2) p.61-68 Fells, R "Enterprise Bargaining and the Process of Negotiation: A Case Study" Journal of Industrial Relations 1995, 37 (2), 218-235 Finnis, Natural Law and Natural Rights. Oxford: OUP, 1980 Fisher, R, Ury W & Patton B Getting to yes: negotiating an agreement without giving in. London: Century Business, 1991 Fiss, O "Against Settlement", 93 Yale L J (1984) 1984 Folberg, J and Taylor, A Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation. San Francisco, Calif.: Jossey-Bass, 1984 Folger, JP Poole, MS Stutman, RK Working through Conflict: Strategies for Relationships, Groups, and Organizations. NY: HarperCollins, (1st ed ?1984) 2nd ed c1993, 3rd ed c.1997 Frey, Lawrence R (ed) Group Communication in Context: studies of natural groups. Hillsdale, NJ: Lawrence Erlbaum Associates, 1994 Frey, Lawrence R (ed) Innovations in group facilitation techniques: applications in natural settings. Cresskill, NJ: Hampton Pr., 1995 Friedman, RA "Missing Ingredients in Mutual Gains Bargaining Theory." Negotiation Journal July 1994, 265-280 Fromm, E The Anatomy of Human Destructiveness. NY: Holt, Rinehart & Winston, c.1973 Giddens, A Central Problems in Social Theory: Action, structure and contradiction in social analysis. London: Macmillan, c1979 Goldberg, Sander, Rogers Dispute Resolution: Negotiation, Mediation, and Other Processes. Boston: Little, Brown & Co, 2nd ed, 1992 Hackman, JR Groups That Work (and Those That Don't): Creating Conditions for Effective Teamwork. San Francisco, Calif.: Jossey-Bass, 1990 Heron, John. The facilitator's handbook. London: Kogan Page, 1989 Herriot, AM "ADR - alternative dispute resolution-: a threat to democracy?" Alternative Law Journal. 1994, 19, 2, 75-77 Horn, L "The Role of Mediation in International Environmental Law" Australian Dispute Resolution Journal, 1993, Vol 4, p16 Hunter, R, Ingleby, R, Johnstone, R Thinking about Law. Sydney: Allen & Unwin, 1995 Johnson, D Joining Together: Group theory and Group Skills. Englewood Cliffs, NJ: Prentice-Hall, 1987, 3rd ed Kirby, M "Mediation: Current Controversies and Future Directions." Australian Dispute Resolution Journal, 1993, 3(3), p.139-148 Kohn, A No Contest. Massachusetts: Houghton Mifflin, c.1986 Kolb, D & Associates When Talk Works: Profiles of Mediators. Calif.: San Francisco, Jossey-Bass, c. 1994 Kolb, DM Bartunek, JM Hidden Conflict in Organizations: uncovering behind-the-scenes disputes. Calif: Sage, 1992 Kramer, R M "In Dubious Battle: Heightened Accountability, Dysphoric Cognition, and Self-defeating Bargaining Behaviour" p. 95-120 in Kramer, R M, Messick D M Negotiation

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Extended Notes as a social process: New trends in theory and research. Thousand Oaks, Calif., 1995. Kramer, R M, Messick D M (eds) Negotiation as a social process: New trends in theory and research. Thousand Oaks, Calif., 1995. Kressel, K Pruitt, DG Mediation research: the process and effectiveness of third-party intervention. San Francisco: Jossey Bass, 1989 Kressel, K "Practice-Relevant Research in Mediation: Toward a Reflective Research Paradigm" Negotiation Journal, 1997, 13 (2) p.143-160 Kriesberg, L Northrup, TA Thorson, SJ Intractable Conflicts and Their Transformation. [?]: Syracuse Univ Pr, [?1989] Kurien, GV "Critique of Myths of Mediation." Australian Dispute Resolution Journal, 1995, 6(1), p.43-57 Luft, J Group Processes: an introduction to group dynamics. CA: Mountain View, Mayfield, 1984, 3rd ed. Lumsden, G Communicating in Groups and Teams: sharing leadership. Belmont, Calif.: Wadsworth Pub. Co., 1993 Mackay H, Why Don't People Listen? Sydney: Pan, 1994. Macken, JJ Gregory, Gail Mediation of Industrial Disputes. Sydney: The Federation Press, 1995 McCullough, S "Law Reform: 20 years of the Australian Law Reform Commission", Alternative Law Journal, 1995, 20(5) p.250-1, 256 McNeil, EB The Nature of Human Conflict. NJ: Prentice-Hall, c.1965 (Publication of Center For Research on Conflict Resolution, University of Michigan) Mendelsohn, O & Maher, L (eds) Courts, Tribunals and New Approaches to Justice. Bundoora: La Trobe Univ Press, 1994 Miller, GR & Simons, HW Perspectives on Communication in Social Conflict. NJ: Prentice Hall, c1974 Moore, Allen B & Feldt, James A Facilitating community and decision making groups. Malabar, Fla: Kreiger Pub. Co., 1993 Moore, Carl M. Group techniques for idea building. London: Sage, 1994, 2nd ed. Moore, CW The Mediation Process: Practical Strategies for Resolving Conflict. San Francisco, Calif.: Jossey-Bass, 1986 Napier, Rodney W, Gershenfeld, Matti K. Groups: theory and experience. Boston: Houghton Mifflin Co., 199x, 5th ed. Northrup, TA (1989) "The Dynamic of Identity in Personal and Social Conflict" in Intractable Conflicts and Their Transformation. Peetz, D "Unions, Conflict and the Dilemma of Co-operation" Journal of Industrial Relations, 1996, 38 (4), p.548-570 Pengilly, W "Alternative Dispute Resolution: the Philosophy and the Need." Australian Dispute Resolution Journal, 1990, 1(2), p.81-95 Power, Mary R "Educating Mediators Metacognitively" (1992) 3 Australian Dispute Resolution Journal, 1992, Vol 3, 214-226 Raffles, PJ Enterprise Bargaining Relationships and the Conflictual Nature of Industrial Relations: A Troubling Composite. [np]: January, 1995 Raiffa, Howard The Art and Science of Negotiation. Cambridge: Harvard Univ Pr, 1982. Regan, F "Dilemmas of Dispute Resolution Policy." Australian Dispute Resolution Journal, 1997, 8(1), p.5-18 Roberts, J "Environmental Mediation: Dispute Resolution or Dispute Management?" Australian Dispute Resolution Journal, 1993, Vol 4, p150 Robson, M Problem Solving in Groups. Aldershot, Hants.: Gower, 1993 Sandole, DJD, van der Merwe, H Conflict Resolution Theory and Practice: integration and application. Manchester: Manchester UP, c.1993 Shaw, ME Group Dynamic: the psychology of small group behaviour. McGraw-Hill, 1981 Street, L "The Court System and Alternative Dispute Resolution Procedures." Australian Dispute Resolution Journal, 1990, 1(1), p.5-11 Taylor, A & Bernstein Miller J Conflict and Gender, Hampton Pr, NJ, 1994: Tidwell, AC "Conflict, Pragmatism and Organisational Conflict: A Commentary." Australian Dispute Resolution Journal, 1993, 4(1), p.43-52 Tillett, GJ Resolving Conflict: a Practical Approach. Sydney: Sydney UniPr, c.1991 Turner, B and Saunders, R "Mediating a Planning Scheme Amendment: A Case Study in the Co-mediation of a Multi-party Planning Dispute" Australian Dispute Resolution Journal, 1995, Vol 6, p284 Ury, William Getting Past No: Negotiating with difficult people. London: Century Business, 1991. Wade, J, "Strategic Interventions Used by Mediators, Facilitators & Conciliators", Australian Dispute Resolution Journal, 1994, Vol 5, p292-304 Wade, J "The Last Gap in Negotiations: Why is it important? How can it be crossed?", Australian Dispute Resolution Journal, 1995, Vol 6, p93-112

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Extended Notes Walker, SH Winning: The Psychology of Competition. NY: Norton & Co, c.1980 Weir, MJ "Alternative Dispute Resolution in Queensland Environment Law" Australian Dispute Resolution Journal, 1991, Vol 2, p224-239 Zander, A Making Groups Effective. San Francisco, Calif.: Jossey-Bass, 1994

NOTE 6.0: ILL-STRUCTURED PROBLEM, EVERYDAY THINKING, DOUBLE-LOOP LEARNING

King, PM Kitchener, KS Developing Reflective Judgment: understanding and promoting intellectual growth and critical thinking in adolescents and adults. San Francisco: Jossey-Bass, c.1994 p.10 Problem structure is defined as the degree to which a problem can be described completely and the certainty with which a solution can be identified as true or correct. p.11 Wood (1983) has observed that ill-structured problems result when either the acts open to the decision maker, states of nature, possible outcomes, or the utility of the outcome is unknown or not known with a high degree of certainty. p.13 .. our (Reflective Judgment) model focuses explicitly on how people reason about ill-structured problems.

DeBono, E Practical Thinking.London: Penguin, c. 1971 p.19 "The[se] are the following points which are common both to everyday thinking and to the black cylinder experiment: 1. Not enough information is given. 2. There is no opportunity to collect the data one needs. 3. Trial and error experimentation is not possible.

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Extended Notes

4. 5. 6. 7. 8. 9. 10.

There is no way of checking whether an idea is right or wrong. It is not a closed situation in which one can prove that one is right. There may be several different explanations. One is dealing with vague ideas and not with precise numbers which can be put through a mathematical formula. It is not so much a matter of checking ideas but of thinking of them first. In spite of the inadequate information one is required to come to a definite conclusion. There is no one to ask."

Argyris, C Reasoning, Learning and Action. San Francisco: Jossey-Bass, 1982 Preface p.xi The purpose of Reasoning, Learning, and Action is to describe the results of ten years' research on how to increase the capacity of individuals and organisations to solve difficult and underlying problems. The focus is on those problems that cannot be solved without changing basic values, policies, and practices. Individual or organizations who achieve their intentions or correct an error without re-examining their underlying values may be said to be single-loop learning. They are acting like a thermostat that corrects error (the room is too hot or cold) without questioning its program (why am I set at 68 degrees?). If the thermostat did question its setting or why it should be measuring heat at all, that would require re-examining the underlying program. This is called double-loop learning.

NOTE 6:

ON CONFUSION IN THE USE OF TERMS IN RESEARCH - ESPECIALLY DESCRIPTORS

When I was trying to discern the meaning of key tersm involved in describing "research", and working on the "case study" section, I noted that Yin in Yin, RK Case Study Research: Design and Methods Beverly Hills, Calif.: Sage, 1984, rev ed 1989, 2nd ed 1994, used the following definition: "p.23 (1989 ed)

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Extended Notes

"A case study is an empirical enquiry that: "Investigates a contemporary phenomenon within its real-life context; when "The boundaries between phenomenon and context are not clearly evident; and in which "Multiple sources of evidence are used" (I broke the formatting down in transcribing to identify more clearly the elements.) The question for me now was: did Yin mean "empirical"? - or what did he mean by using "empirical" - there was no glossary. My Macquarie Dictionary (3rd ed) defined "empirical" in this way: "1. derived from or guided by experience or experiment; 2. depending on experience or observation alone, without using science or theory, especially in medicine" and then, how did "empirical" relate to "empiricism"? - the etymology looks like it is related. The Macquarie Dictionary says this for "empiricism" "1. empirical method or practice 2. Philosophy the doctrine that all knowledge is derived from experience 3. undue reliance on experience; quackery 4. an empirical conclusion" Yin was using "empirical" when one could not experiment, so observation - that's OK. But Yin was claiming it as a scientific method, and with theory having a part to play. And when others use the term "empiricism" it would appear that they are mostly using it in the pejorative way - the combination of meanings 2 and 3 above - very confusing for this poor foot slogger!! I went a bought a couple more dictionaries. If I was going to be involved with this are a of study I obviously needed additional resources! The Oxford Dictionary of Philosophy. Oxford: OUP, c.1994 has "empirical" In a wide sense, an empirical belief is one capable of being confirmed or disconfirmed by sense experience. More narrowly, the term may be restricted so that the confirmation must avoid the use of intermediate theory, in which case the belief becomes theoretical in contrast with empirical. ...; and "empiricism" The permanent strand in philosophy that attempts to tie knowledge to experience. Experience is thought of either as the sensory contents of consciousness, or as whatever is expressed in some designated class of statements that can be observed to be true by the use of the senses. Empiricism denies that there is any knowledge outside this class ... The Oxford Concise Dictionary of Sociology. Oxford: OUP, c.1994 has "empirical" As applied to statements, particular research projects, or even to general approaches to research, the term 'empirical' implies a close relationship to sensory exprience, observation, or experiment. Sometimes the term is contrasted with abstract or theoretical, sometimes with dogmatic, or sometimes with scholarly. ... ;

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Extended Notes

While for "empiricism" it has In sociology, the term empiricism is often used, loosely, to describe an orientation to research which emphasizes the collection of facts and observations, at the expense of conceptual reflection and theoretical enquiry. ...

It has come together a bit more clearly, when I started reading Wilber (Wilber, K The Marriage of Sense and Soul: Integrating Science and Religion. Melbourne: Hill of Content, 1998) and his discussion on "paradigms", "modernity" and "postmodernity".

NOTE 7:

ON "TRANSFORMATIVE"; "TRANSFORMATION

One of the peer group raised this issue: what do I mean by "transformative"? Has it been gathered into my vocabulary without quite understanding what it means? It is certainly bandied around in the literature in the areas dealing with this research arena. It is certainly used in the Mediation arena: Bush, RA Baruch, Folger, JP The Promise of Mediation: Responding to Conflict through Empowerment and Recognition. San Francisco: Jossey-Bass, 1994, being the major protagonists. The question is what do I understand by it: change in perceptive perspective? change in attitude? change in belief? change in value system? One of the models raised at the Family Dispute Resolution course separated attitudes, from beliefs, from values, like rings in an onion going from the outermost (attitudes) to the innermost (values). My very abbreviated notes of the day recorded the essence of the following: Attitudes are in the articulated arena, acted on by current debate, they change over time. Values are the foundational, not articulated often; to change them requires a fundamental shift. Beliefs are in between - more articulated and more negotiable than values, though less changeable than attitudes. It is sufficient to "change your mind" to bring about a change in belief. The discussion did not develop. I am left wondering now whether there ought to have been some consideration of the congruence between attitudebelief-value: where there is incongruence it will be relatively easy to shift attitude, especially in the direction of congruence with belief-value. Certainly a comment was made to the effect that for the least articulated values, the values-in-use, as distinct from the values-espoused, (to use Argyris' distinctions): "you know it in interaction" - you find out your values in interaction - when they are at odds with the values of others; this becomes the seat of a dispute.

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Extended Notes

And as Northrup notes, disputes about matters touching on identity are the more intractable disputes - too much is at stake. (Northrup, TA (1989) "The Dynamic of Identity in Personal and Social Conflict" in Kriesberg, L Northrup, TA Thorson, SJ Intractable Conflicts and Their Transformation. [?]: Syracuse Univ Pr, [?1989]) There is that word again: "transformation". In my assignment on Negotiation, I explored some of this in the context of the duty of care in designing training for the workplace. Allen, D Issues in Training in Negotiation Skills for an Organisational Setting. [Unpublished] Assignment for course work on Negotiation for the UTS MDR, June, 1996 ABSTRACT: This report seeks to explore the issues arising from the consideration to provide training in negotiation skills in the workplace. The report does this by: 1. reviewing impressions and implications from personal experience of negotiation skill training 2. reviewing recent literature on the subject 3. seeking to apply these reflections to the task of determining curriculum and presentation - training techniques. The report notes the nature of effective negotiation skill training: with its inherent "interpersonal" aspect and the reliance on experiential learning, often in the context of a simulation, or role play. Since interpersonal (and hence negotiation) skills are reflected in behaviour, and behaviour is instructed by the formation of self-concept (the intrapersonal), the individual needing such training most is the one who has a dysfunctional behaviour formed as part of their self-concept. To change this behaviour requires framebreaking and new frame formation. This is a task which is complex; takes time; and will require significant effort by participant and trainer, with the trainer especially on notice to sustain a model of consistent pattern of behaviour congruent with the new frame, and to provide instruction on the new frame of perception and approach and reinforce congruent behaviour in the participant when it is attempted. The risk of effective framebreaking is that it may include psychological breakdown. 5
5

When I shared this with the Peer Group Pilot on 9/10/98, it was challenged: is it psychological breakdown or normal maturation/ developmental staging? If it is the second, then

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Extended Notes

In that event, if the training has been sponsored by the organisation, then the organisation has some responsibility for having contributed to the breakdown. Without adequate management of the training, the events, and the consequences, and adequate support to maintain the individual while the new frame is constructed, the organisation could be held responsible for negligence through current occupational health and safety legislation. Planning and delivering such training, if required of the organisation, is then a very sensitive issue, requiring support mechanisms not always associated with a typical training program. CONCLUSION: The implications for organisations involved in delivering training in negotiation skills which includes the experiential component are: 1. to exercise care in selecting the mechanism/ providers - provide for as many different options as possible 2. to exercise care in selecting/ compelling staff to participate - again, provide as much choice of vehicle of delivery as possible 3. to provide ancillary support by way of time and additional independent professional input if required by the individual 3.1 THE OPTIONS: There is always the option for an individual to learn whatever they can, however they can, when they want. Whether an organisation chooses to train in this area, or not, the individual can still choose to search for, and access, such training. Sources include: 1. the good read 2. one-day "exposure" seminars often delivered by the commercial training enterprises 3. longer, but still short, focussed course/ seminar/ workshops delivered by the commercial training sector 4. short, focussed courses delivered by tertiary institutions as part of another, wider course curriculum 5. something more intensive and accrediting in negotiation skill and/or skill training, like the Harvard Negotiation Project course/s 3.2 THE ORGANISATIONAL OPTIONS:

beware of psychotherapeutical fixes. That leads to dependence, not growth. Thinkiing some more about it since, I note that this fundamental change, in the Christian context is called "conversion" and is seen as a returning to an original wholeness!!

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Extended Notes

For the organisation, embarking on the process of delivering such training, there are a number of options: 1. leaving and/or motivating the individual to "go outside and get it" 2. providing access to outside training in this area - letting and/or motivating the individual to volunteer 3. providing it "inside" to the individual volunteer 4. accessing outside delivery, and sending conscripts 5. providing the training inside and conscripting participants But in the end, the organisation must say: "There'll be no promotion this side of the ocean" If the organisation is convinced that it needs, for organisational development, to go down this track, it must: 1. seek to link good performance in interpersonal skills to its organisational rewards 2. then make available training in one or more of the above modes 3. set the parameters for expecting delivery in on-the-job performance post-training exposure

For me, the fundamental shift is the shift equivalent to "conversion". Paul (the author of Romans, Philippians, etc) uses the Greek term "dialogismos" or "dialoguing" to refer to "arguing" in our relationship with God. Dialoguing with God, arguing with God, is never a virtue. It highlights the times when we want to do something contrary to God's word. In the course of such a dispute, such interchange of argument, and reasoning, we may come to change our mind - and become converted. It is part of the process of proselytising. I tend to see "transformation" in a negotiation, or mediation, at a much lower level: the change of perception that allows one person to accommodate an understanding of the other party's needs and interests - empathy. Clearly, I will have to become clearer in my own mind about this.

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Extended Notes

NOTE 8:

READING INFLUENCES: UNDERSTANDING OF "RESEARCH

The "reading" referred to here includes: Hunter, R, Ingleby, R, Johnstone, R Thinking about Law. Sydney: Allen & Unwin, 1995 Gummesson, E Qualitative Methods in Management Research. Newbury Park, Calif.: Sage, c.1991 Hoshmand, LT Orientation to inquiry in a reflective professional psychology Albany: SUNY Pr, 1994 Fook, J The reflective researcher: social workers' experience with theories of practice research. Sydney: Allen & Unwin, 1996 Carr, W Kemmis S Becoming Critical: Education, Knowledge and Action Research [Melb]: Deakin Univ Pr, rev ed c1986 Mezirow J "A Critical theory of adult learning and education." Adult Education, vol.32, no.1, 1981, pp.3-24, reproduced in The Action Research Reader [Melb]:Deakin Univ Pr, 3rd ed c1988 Wildman, P "Research by Looking Backwards: Reflective Praxis as an Action Research Methodology" p.171-192 in Moving on: creative applications of action learning and action research. Upper Mt Gravatt, Qld.: ALARPM, 1995 There may well have been other inputs to this in the general reading involved in the other citations indicated in this report as well. These are the ones which I most readily recognise, since it was with these that I remember having to revisit the text at least once, and with some I have been back twice or more. Any substantial text in the social sciences will deal with the issue of the nature of research etc. Handbook of applied social research methods. Thousand Oaks: Sage, c.1998 This has an abridged version of Yin's work on case study method, now in the context of other methods.

The contents details are: Introduction: Why a Handbook of Applied Social Research Methods? / Leonard Bickman and Debra J. Rog -Pt. I. Planning Applied Research. 1. Applied Research Design: A Practical Approach / Leonard Bickman, Debra J. Rog and Terry E. Hedrick. 2. Design Sensitivity: Statistical Power for Applied Experimental Research / Mark W. Lipsey.

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Extended Notes

3. Designing a Qualitative Study / Joseph A. Maxwell. 4. Practical Sampling / Gary T. Henry. 5. Planning Ethically Responsible Research / Joan E. Sieber -Pt. II. Applied Research Framework. 6. Randomized Controlled Experiments for Evaluation and Planning / Robert F. Boruch. 7. Quasi-experimentation / Charles S. Reichardt and Melvin M. Mark. 8. The Abridged Version of Case Study Research: Design and Method / Robert K. Yin. 9. Need Analysis: Process and Techniques / Jack McKillip. 10. Formative Evaluation of Costs, Cost-Effectiveness, and Cost-Benefit: Toward Cost -> Procedure -> Process -> Outcome Analysis / Brian T. Yates. 11. Research Synthesis and Meta-analysis / Harris M. Cooper and James J. Lindsay -Pt. III. Practical Data Collection and Analysis Methods. 12. Design and Evaluation of Survey Questions / Floyd J. Fowler, Jr. 13. Practical Aspects of Interview Data Collection and Data Management / Welmoet Bok van Kammen and Magda Stouthamer-Loeber. 14. Mail Surveys / Thomas W. Mangione. 15. Methods for Sampling and Interviewing in Telephone Surveys / Paul J. Lavrakas. 16. Ethnography / David M. Fetterman. 17. Focus Group Research: Exploration and Discovery / David W. Stewart and Prem N. Shamdasani. 18. Graphing Data / Gary T. Henry. *********** For the interpretive model, the following remarks elaborate my findings with some of these items: 1. 2. 3. 4. 5. Fook's (1996) treatment (applied to the social work arena) is a good succinct summary. Gummesson's (1991) treatment (applied to the management arena) is in a bit more depth, with a helpful table for compare and contrast. Mezirow's (1991) discussion has a useful diagram. It deals with the education arena, particularly adult education and also raises the application and implications for study programs. Carr & Kemmis (1986) have the more thorough-going critique, as it applies to the issue of determining, or championing, an appropriate research methodology for education. From memory, Hoshmand (1994) (psychological research arena) was probably the most comprehensive, with the greatest level of citations, and undertaking a more overall view of providing a critique of a variety of research methodologies.

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Extended Notes

To this recent reading, you may wish to note the writers and books which I recognise as having helped form my thinking over the years. They are indicated in the autobiographical material presented in the Reflections attachment, Sections 7.1 & 7.2.

NOTE 9:

ON BIBLIOGRAPHY OF CASE STUDY RESEARCH METHODOLOGY

For the level and currency of journal material on case study research methodology See Table 1 and Table 2. Most material is reporting the case study. There is very little evaluating the method. In the published book form, the following remarks apply: There is a series of material on case study method and issues published in 1983 by Deakin University. The two key current items on case study research are: Yin, RK Case Study Research: Design and Methods Beverly Hills, Calif.: Sage, 1984; rev ed 1989; 2nd ed 1994 This is the basic text dealing with issues of case study research design and methods. Its standing, affirmed by the recent revisions, in and otherwise scant field, makes it the primary source for those intending to conduct case study work. Yin, RK Applications of Case Study Research Beverly Hills, Calif.: Sage, 1993 This one is more than useful for its extending the discussion about case study work to deal with the role of theory in helping formulate what and how to study in this way. The other contribution this makes is that it gives a number of examples of how to apply case study research to particular kinds of research questions. Another recent title worth exploring in this field is: Stake, R The art of case study research. Thousand Oaks: Sage, c.1995

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Extended Notes

NOTE 10: ON BIBLIOGRAPHY OF ACTION RESEARCH


The key Action Research Method resources come again from Deakin University publications: The Action Research Reader [Melb]:Deakin Univ Pr, 3rd ed c1988 This gathers together seminal articles on issues of action research, ranging from Kurt Lewin 1946 to current contributions. Its broad focus is action research in an educational context. It includes an introductory historical overview with an exploration of the "prospects" of the field. The examples embrace international and Australian applications. Kemmis, S McTaggart R The Action Research Planner [Melb]: Deakin Univ Pr, 3rd ed c1988 The basic text on the approach and techniques needed to implement an action research activity. Carr, W Kemmis S Becoming Critical: Education, Knowledge and Action Research [Melb]: Deakin Univ Pr, rev ed c1986 This explores the nature of educational research as formulated in the light of the positivist and the interpretive models of research, and seeks to raise the issues of the "critical social science" model and argues how these lead to the view that the "action research" model is a more appropriate research model for the educational field. Another item well worth the look for an excellent survey of the literature and a systematic analysis of the action research approach, and its different forms of expression and application is Chapter 2 of Abraham, S Exploratory Action Research. Brisbane: Aebis, c.1994 Journal Articles which provide some evaluative analysis are: Aguinis, Herman "Action research and scientific method: Presumed discrepancies and actual similarities" Journal of Behavioural Science. 29(4): 416431. 1993 Dec. Deals with the debate between action research and scientific method. Concludes that some of the separation is more apparent than real,

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Extended Notes

and notes the current moves to recognise research-based practice in the organisational development field. Robinson, Viviane MJ "Current controversies in action research" Public Administration Quarterly. 17(3): 263-290. 1993 Fall. Looks to limit and justify action research on the basis of it being the pursuit of a distinctive set of goals, and how this has methodological implications. The goals enunciated are: "the understanding and improvement of practice, the contribution of knowledge about practice, and the improvement of practitioners' ability to understand and improve their own practice." "The concern to understand and improve practice implies investigation and evaluation of the subjective understandings of practitioners and a concern to educate practitioners implies a collaborative relationship in which the theorising of both researchers and practitioners is under scrutiny."

NOTE 11: REFLECTIVENESS - A LONG TERM PROJECT


For example: 1. 2. 3. 4. 5. 6. 7. 8.

Kressel (1997:145) indicates activity commencing in the "mid-1980s"; Argyris (1982:xix) in 1982 speaks of three decades interest in intervention; Argyris & Schon first collaborated in print in 1974; King & Kitchener, (1994:xv) are reporting 15 years theory building and research; Gummesson (1991:ix) was alerted to the consultant/ researcher issue in 1980; Wildman (1995:177) & Passfield (1995:189) reflect on 12 years and 20 years in a work area; Hoshmand (1994:1) is reflecting on 20 years as a scientist-practitioner; while Whyte (1991:2) is making his challenge after nearly 50 years in the field.

OTHER ISSUES/ IMPLICATIONS: There may also be other factors at work here: the "dominant paradigm" conservatism noted by Kuhn. For some, it may well require confirmatory support before risking reputation by publication. Firstly, they need to have established a reputation in the dominant paradigm to gain "publishability". Then they may need to have reached a point in their life cycle where "reputation" is not as important as the self-development aspect necessary to be able to own this less accepted viewpoint, since they are now finding that the accepted viewpoint is not as compelling as it used to be, it is no longer delivering congruence with their extended experience.

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Extended Notes

NOTE 12: ON THE FIRST USE OF "REFLECTIVE PRACTICE


Sociological Abstracts' electronic database "Sociofile" goes from 1974- present. The first entry with "reflective practice" is as follows:
Accession Number Abstract of Journal Article: 77I2984. Author Floro, George K. Title The Task of Updating Selected Themes in the Thomas and Znaniecki "Methodological Note". Source Wisconsin Sociologist, 1976, 13, 2-3, Spr-Sum, 99-104 Abstract: Source: Database: Sociological Abstracts The paper responds to Lewis Coser's presidential address (see SA 0202/H8234) at the 1975 ASA annual meeting by indicating that what is desired in an assessment of the field of sociology is an updating of 3 selected themes from the "Methodological Note" by W. I. Thomas & F. Znaniecki (THE POLISH PEASANT IN EUROPE AND AMERICA, New York, NY: Dover Publications, Inc, 1958). The themes are: (1) that sociology provide an alternative to crisis living, (2) that connections be found between individual actors & institutions, & (3) that sociology contribute to reflective practice. An appeal is made for a more ecumenical approach to the theoretical foundations of contemporary sociology. George Ritzer's work (SOCIOLOGY: A MULTIPLE PARADIGM SCIENCE Boston, Mass: Allyn & Bacon, 1975) is utilized as a major source of clarity, & the paradigms are related to: "personal relations, structured action in those relations, the institutional structures of the society, the learning & reconditioning of human actors--as individuals & groups undergo a process of becoming at a time of high levels of uncertainty." For "chronic states of serious disorder," a humanities-science alliance is proposed. AA (Copyright 1977, Sociological Abstracts, Inc., all rights reserved.)

The abstract 6 for Coser's Presidential Address is as follows:


"Coser, Lewis A (State U New York, Stony Brook 11790), Presidential Address: Two methods in Search of a Substance, Ameerican Sociological Review, 1975, 40, 6 Dec, 691700. The condition of sociology is discussed. Although it is still in the stage of lively development, 2 problems are emerging. There is a fascination with new tools of research computers, & path & regression analyses - for which the data needed are harder to come by in some areas than in others; it is more attractive to do what is quick & easy. There is a proliferation of research on subjects that lend themselves to path analysis while other important areas, perhaps those requiring descritpive data, are neglected. Social stratification
6

Sociological Abstracts, 1976

Extended Notes research is an example. The 2nd problematic trend is the appearance of cliques or sects who fail to communicate with the larger body. Ethnomethodology is a prime example: its followers profess to have a unique insight denied to outsiders. The "esoteric & particularistic nature of the pronouncements of its practitioners" serves the function of marking boundaries & holding members. yet, the subjects discussed by ethnomethodologists are frequently trivial. Both ethnomethodology & the exclusive adherence to path analysis share a hypertrophy of method at the expanse of substantive theory. H. Dorian"

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ERIC's electronic database is from 1966- present. Its first entry for "reflective practice" comes in 1984, after the publication of Schon's work.

NOTE 13: "REFLECTIVE PRACTICE" IN THE LITERATURE


See the bibliographic search details in Table 1. Extracts from these abstracts, give an indication of the trend in the scope in the current literature: ABSTRACTS FROM THE LITERATURE INDICATING THE SCOPE OF THE USE OF THE CONCEPT REFLECTIVE PRACTICE
Source: Database: ABI/INFORM: 1985 - July 1998 Author McDougall, Marilyn. Beattie, Rona. Title Peer into the future. Source People Management. 4(9): 56. 1998 Apr 30. Abstract: Source: Database: ABI/INFORM: 1985 - July 1998 Research on peer mentoring highlights its role in continuing professional development. The value of informal learning has been receiving increasing recognition. One such approach that is particularly appropriate for continuing professional development is peer mentoring. This involves meeting with a respected colleague on a regular basis and sharing experiences, ideas, and concerns. It involves engaging honestly in reflective practice. Research involving people from a range of organizational environments, has found numerous learning and personal benefits for individuals. Author Dew, John. Johnson, Jane. Title What game is your team playing? Source Quality Progress. 30(4): 79-82. 1997 Apr. [References] Abstract: Source: Database: ABI/INFORM: 1985 - July 1998 Team-building facilitators at Lockheed Martin have had significant success with a new process to improve the performance of teams in a variety of group settings. Facilitators in the company's energy and environmental sector are using a process known as reflective practice to

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Extended Notes create opportunities for work groups to identify and improve behaviors that contribute to the teams' excellence and to identify and address behaviors that are inhibiting performance. Reflective practice was pioneered among adult educators to create new learning about life situations. As a learning tool, people use reflective practice to critique the presuppositions on which their beliefs about a situation have been built. A reflective practice team-building session starts with exercises and ideas that help people use out-of-the-box thinking to find new revelations about how the team functions on a daily basis. To do this, Lockheed Martin uses a sports metaphor in its sessions to encourage participants to look at their current behaviors from a different perspective. Author Burge, Elizabeth J. Title Inside-out thinking about distance teaching: Making sense of reflective practice. Source Journal of the American Society for Information Science. 47(11): 843-848. 1996 Nov. [Charts, References] Abstract: Source: Database: ABI/INFORM: 1985 - July 1998 The Kolb experiential learning cycle organizes some critical reflections on years of distance education practice. To Kolb is to learn experimentally by moving from the immediacy of a concrete experience to the more detached stance of reflective observation in order to generate and analyze data about the experience, before developing personal knowledge and comparing it with the more public knowledge of others. The results of the reflections on distance education practice include a list of conceptual confusions, technological challenges, and criteria that focus more on classics than basics. Author Barnett, Bruce G. Title Developing reflection and expertise: Can mentors make the difference? Source Journal of Educational Administration. 33(5): 45-59. 1995. [References] Abstract: Source: Database: ABI/INFORM: 1985 - July 1998 An important function of mentoring is to assist proteges in becoming autonomous professionals who reflect and solve problems as experts. The emerging literature on information processing, reflective practice, and expertise indicates: 1. Experts solve problems differently than novices. 2. Learners who participate in a structured instructional program can learn these higher-order conceptual skills. Based on these findings, an examination is made of the principles and practices of cognitive coaching as a viable means for mentors to use in developing the reflective and problem-solving expertise of their proteges. Practical suggestions are provided for how mentor/coaches can utilize reflective questioning strategies, clarify and probe responses, and take a non-judgmental stance. An overview is provided of a training model that would prepare and support mentors in their attempt to assist proteges in becoming self-directed, expert problem solvers. Author Moran, Anne. Dallat, John. Title Promoting reflective practice in initial teacher training. Source International Journal of Educational Management. 9(5): 20-26. 1995. [References] Abstract: Source: Database: ABI/INFORM: 1985 - July 1998 An attempt is made to examine 5 school-based initial teacher training schemes and to assess the most successful aspects of each. In particular, an attempt is made to investigate the ways in which student teachers are encouraged and assisted systematically to reflect on their practice. All those interviewed (student teachers, mentors, and university tutors) recognized reflection as a crucial component of the mentoring process for structuring the analysis of teaching, but considered it a complex and challenging activity. Mentors lacked confidence in their ability to analyze and make explicit their implicit theories of teaching. Furthermore, they were inhibited by a lack of training, the time available and by the absence of a collaborative and supportive working environment. Learning to teach undoubtedly involves the mastery of reflective practice in

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Extended Notes which teaching performance is developed simultaneously with thinking about teaching. Author Small, Michael W. Cullen, Joy L. Title Socialization of business practitioners: Learning to reflect on current business practices. Source Journal of Business Ethics. 14(8): 695-701. 1995 Aug. [References] Abstract: Source: Database: ABI/INFORM: 1985 - July 1998 An approach to ethical coursework in business schools which draws upon Schon's (1983) concept of the reflective practitioner is described. It is argued that an approach which promotes reflective practice guards against the dualism in models of ethical decision making which oppose philosophical and psychological perspectives. Workshop activities which can be used to facilitate students' ability to reflect on ethical situations are discussed. In particular, the critical incident technique encourages students to analyze strategies they have used to cope with ethical dilemmas in terms of their previous or contemporary experiences and value systems, and to examine these on the basis of philosophical principles.

NOTE 14: "REFLECTIVE RESEARCH" IN THE LITERATURE


At this stage there appears to be very little literature where "reflective research" is being used as a concept. I suspect that the concept, defined as it is in this paper, is very much a part of the practice of many, it is just not uniformly recognised by this term, nor is this form deliberately taught as an optional research route. See the bibliographical search details in Table 1. Extracts from these abstracts, give an indication of the trend in the scope in the current literature:
Source Database: Eric: 1966 - April 1998 Accession Number EJ437147 Authors Minnis, John R. Title Forum: The Practitioner as Researcher: A Personal View. Source Journal of Adult Education. v20 n1 p29-36 Fall 1991. Abstract: Source Database: Eric: 1966 - April 1998 To be of value to practitioners, research must be personalized and dictated by the occurrence of events, exploratory, inductive, and grounded in practice. Submodels in which (1) research agendas are suggested independently by theory and by practice or (2) practice leads to research that leads to theory will enable practitioners to engage in reflective research. (SK)

Extended Notes Accession Number EJ407762 Authors Rudduck, Jean. Title Practioner Research and Programmes of Initial Teacher Education. Source Westminster Studies in Education. v12 p61-72 1989. Abstract: Source Database: Eric: 1966 - April 1998 Argues that a critical need exists for British higher education to work with teachers in ways that are intellectually challenging and relevant to practice. Cites claims that schools represent a crisis of underachievement. Points out that teacher educators have a responsibility to help teachers engage in reflective research in the classroom in order to better understand the classroom. (NL) Accession Number EJ397698 Authors Schon, Donald A. Title Quotations. A Symposium on Schon's Concept of Reflective Practice: Critiques, Commentaries, Illustrations. Source Journal of Curriculum & Supervision. v5 n1 p6-9 Fall 1989. Abstract: Source Database: Eric: 1966 - April 1998 Reproduced are eight selected quotations from books and speeches by Donald A. Schon concerning teaching, teacher education, and supervision. Quotes summarize Schon's ideas on knowing-in-practice, on reflecting-in-action, on reflective research, on capitalizing on uncertainty, on comparing two epistemologies of practice, and on reflective practicums. (SI)

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NOTE 15: ON ARTICULATING KNOWLEDGE, AND OBSERVABLE BEHAVIOUR - ALLAN PARKER


NOTE FROM: ALLAN PARKER'S PRESENTATION - Controlling/ Promoting/ Supporting/ Analysing Styles || - Direct/ Influencer/ Stabiliser/ Conscientious Model: In response to Nina's query about validity of use: "BEHAVIOUR SPECIFIC OBSERVATIONS" ARE NOT "ASSUMPTIONS"

However, until we make explicit, and systematise, our "behaviour specific" observations, we cannot make any predictive sense/ deliberative use of them. The "making explicit" is one task. The "systematising" into a categorical structure is the second task needed to simplify/ generalise the diversity, and then give "patterns" for then predicting likely behaviour. That is: our "knowledge" of predictability in personality/ personal style, and differences in personality types, body language, etc, tends to be "embedded" ... we know it, we act on it, regularly in our day-to-day interactions, intuitively, with little or no explicit understanding of the "how" and the "why".

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Extended Notes

The "con" knows it and uses it with the intent to, mislead. Because we only "know" it in that "embedded" way, we do not readily recognise the "con". We can "role-play" because we "know" a series of interactions and body language to express a different style to our own. The actor does this professionally. The process of knowing it, so that this knowledge can be used, at least at a level where it can be taught to another/ made more explicit (and it is interesting that Allan Parker's teaching technique relies more on body langauge and behaviour specifics acted out than the lecture/ written material AND that it really means more to us that way!!!) involves the two steps noted above: The process of making it explicit: 1. Naming it - identifying each "behaviour-specific" unit so that it can be recognised when it occurs; having language to describe it (Compare the vocabulary for "colours" compared with the vocabulary for "smells") The process of categorising it: 2. Having an acceptable structure for gathering like, separating unlike: the C, P, S, A that Allan used - but sought deliberately not to name the categories, because of pejorative use, and barriers to acceptance the D, I, S, C that Catherine uses - and irritates people with the Myer-Briggs TI that is also used, now moving from 4 categories to 16 categories - this is also regularly challenged.

cf: metals; non-metals || periodic table of the 100 or so elements Once these two components are in place, you can now predict and explain that prediction on the basis of explicit knowledge - you may not necessarily be able to "act it out" .. that may take our embedded knowledge, and other issues - eg congruence of values and comfortableness with being "out-ofcharacter" ... early training in "playing poker", etc. ie it has moved from a "right" brain knowledge/activity to a "left" brain knowledge/activity

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Extended Notes

NOTE 16: ON EXPERIENCE OF COURSE CONTENT IN THE MANAGEMENT PILOT


This self awareness/ development and sharing at the personal level has had valuable contributions to awareness about performance in the group context. The six of us are co-terminous with the Strategic Planning Working Group charged with the task of developing the Council's Strategic Plan. In one session after the Myers-Briggs, the Tolerance of Ambiguity, The Cognitive Style, the Locus of Control diagnostics, we were trying to work on statements of objectives. The group work, especially the verbal material coming from all quarters, was not being productive for me, or the other INTJ. I opted out of the verbal discussion, and spent time, while still "with" the group (in the same room), drafting up old material for reference/ crossreferencing. The other INTJ stayed with the group working on the blank piece of paper, but in his own way (since the strategic area under discussion was his disciplinary responsibility), referring what he had, back to the remainder (3Es and 1I). The next week when we came to the task again, on the basis of the week before's experience, I noted what had happened, and how I, at least, had responded. I then suggested that the group try working on the task by splitting into pairs, and each pair work on one strategy formulation. The pairing then was by interest, or left over, and "turned out" to be generally balanced: one male + one female; one I + one E; with one group of 3 - again a mix of gender and of E+I. Even though the three groups operated in the one small meeting room, that session proved to be very effective. Note: All the managers in the pilot group test "T" in Myers-Briggs.

NOTE 17: USE OF MYERS-BRIGGS


As I have noted above, there has been significant and consistent criticism of the use and reliance on Myers-Briggs in the Dispute Resolution studies. I am in no position to critique the matter. I acknowledge that the criticism of the model exists. I am aware that there is a lot of empirical data behind the categories in the model. I am aware that its conceptual basis is related to Jungian psychodynamic theory of personality. I have seen student responses to its use which give me cause to "worry" about its use/abuse. I have chosen to use the Myers-Briggs because: 1. 2. 3. I could not carry off Allan Parker's performance presentation of the four quadrant model, and the way he raises the issues associated with different personality preferences and styles and capacities for principled adaptability of behavioural responses in stressful contexts. I need some tool to explore this aspect of behaviour. I think 16 categories are likely to be closer to life experience than four categories, given the nature and expression of diversity. But it is only a

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Extended Notes

4. 5. 6. 7. 8. 9.

model! Written support material is readily available for it, and for a variety of applications of the categories. I have found the "prayers" table and the "Hagar" cartooning presentations also help to challenge people, gently. I use it in conjunction with the concept of the importance of recognising and valuing diversity - EEO aspects; synergy in group capacity I also use it with the Johari window to talk about the known and the knowable, and the value and purpose of disclosure, and getting valid information from others about self, to help develop self-knowledge. I use it with the Tolerance of Ambiguity tool, the Locus of Control tool and the Cognitive Styles tool 7 to explore different aspects of selfknowledge, and its implications, and see how one explains/ predicts (or doesn't explain or predict) the other. I use a number of other diagnostic tools to help develop self-awareness in behaviour, and to explore the implications for one's perosnal style in management, especially. My position is the need to know self to know what you can do, how you can change, in a way that is congruent with your own fundamental values, so that integrity is maintained.

All available in Whetten, DA & Cameron KS Developing Management Skills. NY: HarperCollins, 1995, 3rd ed.

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Extended Notes

NOTE 18: STUDENT QUESTIONNAIRE FORM:


DIANNE ALLEN: RESEARCH PROJECT: STUDENT QUESTIONNAIRE ON COURSE STRUCTURE ETC: The following questions are designed to gather data to help with considerations about course design and forms of presenting course work. Please answer those questions you are comfortable with, and leave those which you are not comfortable with.

1. What course are you doing? (tick circle)

MDR ; LLM;

GCDR; MBA; MLS; MComMan; MA(Com);

other: what? _________


2. Of the Dispute Resolution units: which have you done? which do you intend to do? (tick circle) HAVE DONE: Dispute Resolution Negotiation Advanced Mediation Psychology & Dispute Resolution Crisis Negotiation Dispute Resolution in Commerce Workplace Dispute Resolution Industrial Dispute Resolution Community Dispute Resolution INTEND TO DO:

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Family Dispute Resolution Environmental Dispute Resolution Construction Industry Dispute Resolution Court-Annexed Dispute Resolution Research Paper (6 credit points) Research Project (12 credit points) Other: What?: ________________________

Extended Notes

3. What is the relative importance, of the following purpose/s, to you in doing this course? (1 = Most Important; 6 = Least Important) (circle your choice) 3.1 want input for current work application 3.2 want input for preparations for career change 3.3 want input for career development (promotion, etc) 3.4 need independent accreditation in the area 3.5 continuing education 3.6 other: What? ________________________________ 1-----2-----3-----4-----5-----6 1-----2-----3-----4-----5-----6 1-----2-----3-----4-----5-----6 1-----2-----3-----4-----5-----6 1-----2-----3-----4-----5-----6 1-----2-----3-----4-----5-----6

(PLEASE CONTINUE, TWO MORE QUESTIONS OVER THE PAGE: .

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Extended Notes

DIANNE ALLEN: RESEARCH PROJECT: STUDENT QUESTIONNAIRE ON COURSE STRUCTURE ETC: 4. What is the relative importance to you, and your level of satisfaction with the following elements of the course, where applicable? (circle your choice in both sections; indicate N/A if not applicable) (1= Most Important; 6 = Least Important; A = Most Satisfaction; F = Least Satisfaction) IMPORTANCE 4.1 course overall (total of what done to date) 1---2---3---4---5---6 4.2 sufficiency of practical information 1---2---3---4---5---6 4.3 sufficiency of theoretical information 1---2---3---4---5---6 4.4 sufficiency of skill development 1---2---3---4---5---6 4.5 3/6 day workshop component 1---2---3---4---5---6 4.6 seminar presentation component 1---2---3---4---5---6 4.7 assignment component 1---2---3---4---5---6 4.8 research component 1---2---3---4---5---6 4.9 handouts/ course support papers 1---2---3---4---5---6 4.10 pre-reading 1---2---3---4---5---6 4.11 pre-course preparations 1---2---3---4---5---6 4.12 bibliographies 1---2---3---4---5---6 4.13 availability of support materials 1---2---3---4---5---6 4.14 student interactions 1---2---3---4---5---6 4.15 access to lecturers 1---2---3---4---5---6 4.16 access to guest presenters experience 1---2---3---4---5---6 4.17 other: what? ______________________ 1---2---3---4---5---6 SATISFACTION A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F A---B----C---D---E---F

5. What would be your interest in course work which provided any of the following elements? (1 = Very Interested; 6 = Not Interested at all) (circle your choice) 5.1 real case studies 5.2 more focus on theory/ practice interaction 5.3 tools to improve personal performance 1-----2-----3-----4-----5-----6 1-----2-----3-----4-----5-----6 1-----2-----3-----4-----5-----6

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Extended Notes

5.4 more practice with basic interpersonal interactions 5.5 more practice with different models 5.6 other: what?

1-----2-----3-----4-----5-----6 1-----2-----3-----4-----5-----6 1-----2-----3-----4-----5-----6

Please feel free to make any other comments/ suggestions that you may have for content focus; presentation options:

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Extended Notes

NOTE 19: NOTES PREPARED FOR STUDENTS - SEPTEMBER 1998

NOTES FOR STUDENTS WISHING TO INVESTIGATE REFLECTION ON PRACTICE 1. CONCEPT/S:

What is "Reflective Practice"?


Reflective Practice involves two key components: Practice: Reflection: the doing of the activity (in this case third party intervention - mediation, conciliation, facilitation, assisted negotiation, etc) thinking about it: before, during and after the doing thinking about one's own responses in it: thoughts, feelings, actions, decisions, reasons for actions

So, Reflective Practice involves being more consciously aware of the practitioner's thinking which is informing/directing their practice responses. For research about the practice of intervention, exploring the intervenor's thinking which guided their actions is a necessary part of the development of any theory relating to the effectiveness of that practice. Such research can be either "observer" research, or participant-observer research. Research: gathering data, say by journalling, or some other structured recording, of: the event/s past, the intervenor's activity, the responses of the other participants, in that/ose event/s what was the thinking of the intervenor associated with the event and the intervenor's activity reviewing that with a view to improving performance for the next time round, by

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Extended Notes

trying to investigate the theoretical underpinnings of the actions-reactions involved in the interaction, and formulating hypotheses about the interactions, and

testing those hypotheses by endeavouring to undertake congruent activities in following intervention/s, and recording the results of those changes and reflecting on that

The encouragement for me to do some more systematic work on, and analysis of, how to go about reflective research, and how to use it to improve my third-party intervening activity, has come from two major sources: 1. Kressel, K "Practice-Relevant Research in Mediation: Toward a Reflective Research Paradigm" Negotiation Journal, 1997, 13 (2) p.143-160 Power, Mary R "Educating Mediators Metacognitively" (1992) 3 Australian Dispute Resolution Journal, 1992, Vol 3, 214-226

2.

The elements of the concept currently go by a number of different descriptors: "reflective learning/research", "action learning/research", "continuous improvement", "critical incident debriefing", "metacognitive learning", "critical evaluation" ... I am beginning to find the list endless. It is found as an element of "teacher training" - for independent professional development: plan lesson; deliver lesson; evaluate performance in lesson/ effectiveness of lesson; think about/ design different approach; try revised approach; evaluate revised approach; repeat the cycle: act, measure, evaluate, plan/design, implement/act, etc. (ie continuous improvement in the quality cycle). Like teaching, third party intervention is a "social" activity, with "cognitive" as well as "contextual" and "affective" elements. The interactions have a "bipartisan" aspect: the intervenor and the participants all have cognitive, affective and contextual motivations, and there is no necessary commonality amongst the parties in these motivating elements. So, the traditional "scientific" model (of isolating and controlling the changing of variables; measuring results; testing hypotheses, etc) is unlikely to be sufficient and/or attractive to someone in the field, who wants to improve their performance. 2. KRESSEL'S MODEL:

Kressel's proposed paradigm takes the following form/s:

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Extended Notes

p.155 In Conclusion I have attempted to demonstrate that an articulated paradigm for conducting mediation research can be built upon Schon's notion of the reflective practitioner. The aim of such a paradigm is to give us systematic access to the potentially codifiable knowledge contained in the wisdom of everyday mediation practice. The paradigm I have sketched is built around mediator-researcher self-study using the case study as the unit of analysis and the research team as the vehicle of reflection. The paradigm makes use of systematic case study protocols to direct the team's attention to certain types of critical case episodes; emphasises the importance of distinguishing among mediators of differing levels of competence; and argues for the necessity of subjecting reflective hypotheses about effective practice schema to experimental probes [There are s]everal important values of the reflective stance [:] the paradigm captures elements of the mediation process that traditional quantitative and experimental methods have tended to ignore or to investigate clumsily ... the reflective research reverses the [t q&e] emphases and thus better represents cardinal elements of the in vivo mediation experience [it] is .. designed to produce findings that are directly useful to practice p.156 [it can] recruit to the research enterprise the skilled mediator [it will, if developed with clear-cut and consensually validated paradigms for the reflective research process where the practitioner self-study is a component, have] important pedagogical implications ...[since it] has a more dynamic relationship to learning ... learning by doing

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Extended Notes

3.

SUPPORT IN THE FIELD/ LITERATURE:

As noted above, this approach is one which has some support in the field/ literature. Particular protagonists for the approach often refer back to Kurt Lewin (1946), as a conceptual source for "action research"; to John Dewey (1933), for "reflective thinking". My impressions, from the literature, are that this approach/ paradigm, is one which is, for some, a more compelling current approach to research and practice. It addresses a need to take a more concerted effort to develop "grounded theory" - theory relevant to practice. While the concept/s are not new, the "attractiveness", to some, is that it has the appearance of being "leading edge" - at least of the development of such a paradigm. And this "new approach", if worked on, as a process to deliver more effectively validated data and legitimate hypothesising/ theory building, might become a preferred approach to researching areas of the social sciences where interaction of individuals is a critical element. Work by Yin (1984, 1989, 1994) deals with the issues relating to the development of research methods associated with the use of the "case study" in research effort. Work by Argyris (1980) and Hoshmand (1994), to name but two, raise a challenge to the validity of the approach of the more predominant "scientific" paradigm in the area of researching behavioural elements of interaction and individual operations. Work by Carr & Kemmis (1986) also challenge the predominant scientific paradigm, especially its relevance to instructing the practice of teaching/ education and Kemmis & McTaggart (1988) present a brief guideline on how to go about action research, in a collective, self-reflective and collaborative model.
(SEE ANNOTATED BIBLIOGRAPHY FOR FURTHER GUIDANCE IN THE EXPLORATION OF THESE ISSUES.)

4.

CHALLENGE/S TO THE APPROACH:

It is important to note that there are challenges to the approach, and recognised limitations to reflection as a source of data and context for theorising. Kressel (1997), Yin (1984), Argyris (1980), Schon (1991), Hoshmand (1994) and others are more than happy to discuss these limitations and to also acknowledge the legitimacy, relevance and effectiveness of other methods of research in developing knowledge and models for behaviour and interactions. By the same token, their work also indicates where these other approaches are themselves limited, and so how the "reflective" and/or "action" approach goes beyond those limitations and what additional it has to offer.

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Extended Notes

5.

A FIRST STEP IN A REFLECTIVE APPROACH:

For the self-reflective situation (the lone practitioner, self-researcher) I am inclined to say that a "reflective" approach is probably more intuitive to some cognitive styles than others. The task, in applying it to practice, in a way to inform practice, is that this "reflective" approach needs to be made explicit, for the intuitive person. To that end, the first, necessary step in developing an explicitly and systematically reflective practice will involve a development of self awareness on a number of fronts: 1. 2. Kressel (1997) makes a case for exploring self awareness in: cognitive flexibility, tolerance of ambiguity, ego strength. King & Kitchener (1994) have explored the development of reflective judgement and from their measurement tool postulate a seven stage development of this area of cognitive activity. Awareness of where you are along that continuum can give direction to undertaking further training in reflective thinking. From Argyris' (1970) theory of intervention and Argyris' & Schon's (1996) critique/ model of "espoused theory" versus "theory-inaction", it will be important to develop a self-awareness of what is your "world view" of human behaviour and cause and effect in interactions.

3.

It seems to me, then, that an appropriate point to commence the process of developing self- awareness in a reflective way, for the exercise of reflective practice for the individual, would be to utilise the opportunity with the MDR course to consciously focus on the learning and the experience/theory interaction arising in the course of the MDR studies and assignment work. To guide such reflection, I would suggest the use of one or more of the following mechanisms for systematic data collection. From my own experience, the place to start is with the one most comfortable to you, and then as more facility in that is gained, the others can be tried and developed as additional tools, or if found more effective, can replace the first "comfortable" one. (An interesting comment, in passing, from one of the MDR course presenters, was to the effect that it takes 6 months, of deliberate effort, to build facility with any new tool. And if after that, you find it doesn't work, for you, look for another tool.)

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Extended Notes

6.

DATA COLLECTION FOR REFLECTIVE PRACTICE:

It seems to me that there are at least three different tools available to the practitioner, with which to undertake a reflective practice: 1. the journal - the idiosyncratic and deliberately personal recording of events, others' interactions, and personal observations of self and others by the practitioner, and thoughts both sequitor & non-sequitor, arising from the stimulus/event the structured data collection tool - Kressel's (1997) template; the recordings of events and interactions (Kressel (1997) & Argyris (1982)); other tools for structured analysis a mechanism and structured approach for reviewing evidence and challenging perceptions and theorising - Kressel's (1997) and others' case conferencing and/or debriefing approaches

2.

3.

6.1

SUGGESTIONS FOR JOURNALLING:

The elements of journalling might include (Bolitho, 1995): Narrative description Listing things under headings eg: Things that worked well, things that could have worked better; Things that satisfied me about my contribution; Things that I found interesting, useful, relevant, etc.; Things that we've covered in previous weeks that I now feel more skilful or knowledgeable about. Finishing off incomplete sentences, eg: This session I remembered that ...; I had no idea that ... ; I was surprised that ...; I found it hard to believe that ... Doing a brainstorm of all the ideas that stimulated you Mind mapping Writing a brief letter to yourself or a friend (to "work through"your thinking on "any perplexities you are encountering") According to Hughes (199?) there are a number of stages of journalling: 1. reaction - initial responses, feelings, facts, issues 2. elaboration - expansion by explaining, giving examples, referring to other situations or general principles which are related 3. contemplation - thinking about personal, professional, political, social or ethical problems, ie how you may use this information or how you could change your views

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Extended Notes

6.2 1.1

SUGGESTIONS FOR STRUCTURED DATA COLLECTION: Reflective Learning - Brookfield

Brookfield, S "Grounding Teaching in Learning" in Galbraith, MW ed Facilitating Adult Learning: a Transactional Process. Malabar, Fla.: Krieger, c.1991 p.38 In my own practice I ask learners to jot down a few comments after each class session: 1. 2. 3. 4. 5. 1.2 What they experienced as the chief learning "high" of the session - what activity, insight, or teacher action enthused, enlightened, or excited them the most. What they experienced as the chief learning "low" of the session - what activity, insight, or teacher action distressed, bored, or angered them the most. What, if anything, they felt they gained from the session. What, if anything, they felt a sense of a missed opportunity over. Anything they noticed about changes or developments in their own learning activities, processes, or responses.

Reflective Learning - Power

Power (1992: 215) suggests the following diagnostic questions for preparing for metacognitive learning: p.215 In metacognitive approaches learners are encouraged to become more aware of their approach to learning by asking themselves questions like: What do I know about this subject already? How much time do I need to learn this? What is a good plan of attack to solve this problem? How can I predict or estimate the outcome of this task? How will I revise my procedures if I'm unsuccessful at first? How can I check myself for errors? 2. Structured Session Report - Kressel

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Extended Notes

Kressel (1997:149) used the following template as a structure for gathering data from an "intervention" session: Mediation Session Report (MSR) brief description of session particular emphasis on noteworthy exchanges between the parties significant mediator interventions describe major obstacles to settlement illustrated by the session provide a rationale for objectives planned for subsequent meetings These categories would need to be adjusted for the systematic collection of data for other kinds of events, in order to gather the "critical" information relative to the context being explored. For the exercise of doing "course work review", my headings were gradually refined to: Brief Description of Session; Concepts Emphasised; Concepts (to me) new or refocussed; Participation; Evaluation. For the "management incidents" pilot, the headings devised (after discussion of areas of management practice of concern, for improvement) were: Brief Description of Action/ Incident; Difficult people issues; Managing expectations issues; My own concerns; Provide a Rationale for Objectives Planned for Subsequent Meetings.

6.3

SUGGESTIONS FOR STRUCTURED REVIEW:

If you can arrange for the formation of a peer support group to join with you in debriefing the process, then Kressel (1997:149) used the following structure for the process of the peer sharing/ review of cases, and for exploring information coming from them: Closing Case Conference Report (CCCR) (principal analytic tool, structured staff deliberations) [note - there were more than one mediated session per case in the situation Kressel describes] review of case detailed discussion of four major areas (guided by the CCCR protocols) characteristics of the parties or circumstances that appeared to facilitate or inhibit the mediation process interventions of the mediator that appeared helpful or unhelpful lessons to be learned from the case overall assessment of the mediator's performance

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Extended Notes

Again, experience with the Mediation Session Report would indicate that this kind of protocol may need to be adjusted to have the appropriate relevance for the specific area being investigated.

7.

IMPLICATIONS FOR YOU AS A STUDENT:

Exploring this, as an optional way of undertaking studies and/or research, may have some, or all, of the following spin-offs for you: 1. It may provide assistance with recording and analysing personal experience, which may be useful if you want to use your experience in your assignment work associated with the remainder of the course. It could assist with the development of a concept of process, and skills, to carry over to your working life practice, if you are/ intend to be engaged in ongoing professional activity in any of the "third party intervention" roles (mediation, conciliation, facilitation, teaching/training, consulting, etc). If you are able to work on creating an opportunity for this kind of inquiry during the course work, then it could provide an additional, structured, forum for sharing, with peers and/or a mentor, your interests in this course work: past and present experience/s; thinking and arguing about what it means/ "why is it so?"; getting direction and/or stimuli for further work and application-related activity to extend your skills and knowledge base which can be developed to feed back into your personal work situation and/or to course assignment work. It may provide a mechanism to gather data for the "research paper" or "research project" area of course work, and commence the process of engaging in the analytical review of data, hypotheses, theory, etc

2.

3.

4.

Bibliographic References: Argyris, C Intervention theory and method: a Behavioural Science View. Reading, Mass: Addison-Wesley, 1970 Argyris, C The Inner Contradictions to Rigorous Research. New York: Academic Pr, 1980. Argyris, C Reasoning, Learning and Action. San Francisco: Jossey-Bass, 1982 Argyris, C Schon, D Organisational Learning II: Theory, Method, and Practice. Reading, Mass.: Addison-Wesley, 1996 Bolitho, A cited in Carson, L Reflecting on Participation in Groups: Study Guide. Southern Cross Uni, 1996(?) Carr, W Kemmis S Becoming Critical: Education, Knowledge and Action Research [Melb]: Deakin Univ Pr, rev ed c1986 Hoshmand, LT Orientation to inquiry in a reflective professional psychology Albany: SUNY Pr, 1994

Extended Notes Hughes, D cited in Carson, L Reflecting on Participation in Groups: Study Guide. Southern Cross Uni, 1996(?) Kemmis, S McTaggart R The Action Research Planner [Melb]: Deakin Univ Pr, 3rd ed c1988 King, PM Kitchener, KS Developing Reflective Judgment: understanding and promoting intellectual growth and critical thinking in adolescents and adults. San Francisco: JosseyBass, c.1994 Kressel, K "Practice-Relevant Research in Mediation: Toward a Reflective Research Paradigm" Negotiation Journal, 1997, 13 (2) p.143-160 Power, Mary R "Educating Mediators Metacognitively" (1992) 3 Australian Dispute Resolution Journal, 1992, Vol 3, 214-226 Schon, DA The Reflective Practitioner New York: Basic Books, 1983 Schon, DA Educating the Reflective Practitioner San Francisco: Jossey-Bass, 1987 Schon, DA (ed) The Reflective Turn: Case Studies in and on educational practice. New York: Teachers College Press, 1991 Yin, RK Case Study Research: Design and Methods Beverly Hills, Calif.: Sage, 1984

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Notes prepared by Dianne Allen, October 1998 Associated with Reflective Research of Practice found at http://www.scribd.com/doc/63358835

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