Ethical Conflict and Resolution
Strategies
in Rehabilitation Counseling
Andrew Nay, CRC, CDMS, ABVE/F
Hostetler Fontaine and Associates
Topic Areas
Basic principles and assumptions of conflict
5 main styles and stages of dealing with conflict
Various theoretical perspectives on dealing with ethical conflict
(decision making models)
Causes and recognition of conflict
Building competency and confidence in conflict resolution
Informal and formal resolution methods used in RC
Basic Principles and
Assumptions
1. Conflict is dynamic and abundant in human nature.
Basic Principles and
Assumptions
Understanding that conflict exists is much more
identifiable than identifying the causes of the conflict
(Tidwell, 1998).
Basic Principles and
Assumptions
Conflicts may exist between individuals and/or groups
and the conflict that arises can usually have a mixture
of causes that may include independently or collectively
structural, ideological, behavioral, and/or emotional
influences and not all causes of conflict are based on
facts or objective information (Stewart, 1998).
Basic Principles and
Assumptions
Given the diversity of clientele served by rehabilitation
counselors and the multitude of settings in which
rehabilitation counseling services are delivered, ethical
conflict is virtually unavoidable.
Basic Principles and
Assumptions
Rehabilitation counselors not only must be able to
identify ethical conflict when it arises, but be capable of
taking appropriate steps towards effectively resolving
conflict.
5 Main Styles Of
Dealing With Conflict
(Thomas and Killman, 1970)
Competitive
Firm stance, and know what they want
Collaborative
Meeting the needs of all people involved
Compromising
Finding solution to partially satisfy everyone
Accommodating
Willingness to meet the needs of others at the expense of the
person’s own needs
Avoiding
Evading the conflict entirely
Audience Survey
Which style of dealing with conflict best represents you?
Competitive ______
Collaborative ______
Compromising ______
Accommodating ______
Avoiding ______
5 Main Stages of
Conflict
(Collins, 1975)
5 Main Stages of Conflict
1. Latent Stage – a period when the potential for conflict
exists, but it has not yet developed.
2. Perceived Stage – full awareness of those involved
3. Felt Stage – stress and anxiety set in
4. Manifest Stage – conflict becomes observable
5. Aftermath Stage – outcome(s) are assigned and assessed
5 Main Stages of Conflict
Latent
Conflict
Aftermath Perceived
Stage Stage
Manifest Felt
Stage Conflict
Generic Life Cycle of Conflict
Theoretical Perspectives on
Ethical Decision Making
In Rehabilitation Counseling
Theoretical Perspectives on
Ethical Decision Making
Various theoretical perspectives have been used to address these
competencies, all of which have application in rehabilitation
counseling:
Rational or Rules Model (Forester-Miller & Davis, 1995)
Virtue Ethics Model (Jordan & Meara, 1995)
Social Constructivism model (Cottone, 2001)
Collaborative Model (Davis, 1997),
Integrative Model (Tarvydas, 1998).
Rational or Rules
Based Model
Emphasize linear decision making:
(a) the rule(s) would amount to a decision procedure for
determining what the right action was in any particular case;
AND
(b) the rule(s) would be stated in such terms that any non-
virtuous person could understand and apply it (them) correctly.
A + B –C = D
or
A then B then C ….
Rational Model (Forester-Miller &
Davis, 1995)
1. Identify the problem.
2. Apply the Code of Ethics.
3. Determine the nature and dimensions of the dilemma.
4. Generate potential courses of action.
5. Consider the potential consequences of all options, choose a course of
action.
6. Evaluate the selected course of action.
7. Implement a course of action.
Pros and Cons for Rehabilitation Counselors?
Virtue Ethics
Meara (1995)
Counselor’s personal virtues…integrity, prudence, discretion,
humility, hope, and benevolence is a key element of ethical thinking
vs. doing one’s duty or acting in order to bring about good
consequences.
Counselor’s wisdom and moral beliefs are the basis for reaching
ethical decisions.
Appraisal from perspective of the virtuous character of counselor
Distinction between virtue and principle ethics, nonlinear
What kind of person will I become if I do this?" or "Is this action
consistent with my acting at my best?” “How should I live?” and
“What is the good life?”
Pros and Cons for Rehabilitation Counselors?
Integrative and Transcultural
Models
Linear/stage model: Interpret and review dilemma, determine
applicable ethical guidelines.
Incorporates morals (ethics), beliefs, and experiences. Requires
reflection, balance, attention to the context, and collaboration.
Generate possible and probable actions and consequences
Collaborate with colleagues and/or supervisor to select
appropriate action
Combination of principle (rational/rules) and virtue ethics
Integrative Model
(Tarvydas, 1998)
Stage I: Interpreting the situation through awareness and fact-
finding
Stage II: Formulating and ethical decision
Stage III: Selecting and action by weighing competing non-moral
values
Stage IV: Planning and executing the selected course of action
Pros and Cons for Rehabilitation Counselors?
Causes and Recognition
Of Conflict
General Causes of Conflict
Structural Causes:
- Access to natural resources, food, territory, human rights and liberties,
money or capital.
Ideological Causes:
- Different perspective on religion, cultural practices and traditions,
politics, professional practice
Behavioral Causes:
-Actions or conduct of one towards another, or towards persons
Emotional Causes:
- State of mind deriving from some form of circumstance, mood or
relationship with others
(Stewart, 1998)
Causes of Conflict in
Rehabilitation Counseling
What are some of the most common causes of conflict
among rehabilitation counselors?
What are some of the most prevalent causes of conflict
between rehabilitation counselors and their clients?
Advisory Opinions
Since 1996, how many The CRCC Ethics Committee has authored
128 advisory opinions. How many have involved situations where
individual or organizational conflict was overtly present?
59 (ethics and the law)
7 (reporting of ethical violations)
6 (consultation)
6 (informal resolution)
4 (conflicts among organizational settings)
+ 1 (cooperation with the Ethics Committee)
_________________________________________
= 83 or 65% of the advisory opinions
Addressing Conflict According to the
CRCC Code
The preamble of the Code recognizes that:
“reasonable differences of opinion can and do exist among
rehabilitation counselors with respect to the ways in which values,
ethical principles, and ethical standards would be applied when they
conflict”.
Standard F.2.a.: addresses the issue of objectivity, recognizing that
rehabilitation counselors are subject to competing demands placed
upon them by their ethical code and the requirements of the legal
system, “and [must] attempt to resolve these conflicts by making known
their commitment to this Code and taking steps to resolve conflicts in a
responsible manner.”
Addressing Conflict According to the
CRCC Code
Standard H.3.a. Relationship Boundaries with Supervisees
or Trainees, states that if rehabilitation counselor
supervisors or educators assume other roles (e.g., clinical
and/or administrative supervisors, instructors) with
supervisees or trainees, “they work to minimize potential
conflicts and explain to supervisees or trainees the expectations and
responsibilities associated with each role.”
Addressing Conflict According to the
CRCC Code
Standards L.2.a. through f. (e.g., decision making models,
addressing unethical behavior, conflicts between ethics and laws,
and organizational conflicts) which provide an outline of expected
behavior and action(s) of a rehabilitation counselor should ethical
conflicts exist.
L.2.b. ADDRESSING UNETHICAL BEHAVIOR
Rehabilitation counselors expect colleagues to adhere to the Code.
When rehabilitation counselors possess knowledge that raises
doubt as to whether another rehabilitation counselor is acting in
an ethical manner, they take appropriate action.
Comparison of Ethical Dilemmas Across
Pub/Private Settings
(Beveridge, Garcia, and Siblo, 2015)
Different work environments have a significant influence on
the types of ethical dilemmas faced by rehabilitation
counselors.
There are significant differences relative to frequency,
perceived importance, and types of ethical dilemmas.
Further study is warranted to examine the underlying
dynamics of the ethical decision-making process and
differences between the two settings.
Building Competency
and Confidence
In Resolving Conflict
What Influences Effective
Communication?
Communication and Conflict
Resolution
Conflict cannot exist without communication.
Conflict resolution cannot take place without communication.
A common misconception in conflict resolution is that
communication will always lead to resolution.
So it is the effectiveness of the communication that really matters in
resolving conflict.
Skillset for Effective CR
Counselors, mediators, therapists, and anyone else who is
involved as a third party in the resolution of conflicts should
posses four sets of skills according to Deutsch (1994). Be
effective in:
1. establishing a working relationship with each of the
conflicting parties.
2. establishing and maintaining a cooperative problem-solving
attitude among the conflicting parties toward their conflict.
3. facilitating the group process and the teaching of decision
making skills.
4. knowledge of issues surrounding conflict in general.
Building Competency and
Confidence
What is required to become individually and/or
collectively effective in resolving ethical conflict?
Be able to identify the core issue or underlying problem.
Be able to critically examine various possibilities or
alternatives.
Be willing to probe difficult ethical or moral issues.
Be able to identify the stakeholder’s and their
needs/interests/responsibilities.
Be able to select the solution that achieves a reasonable
balance among competing obligations.
Source: Achieving Ethical Clarity Through Dialogue (Ford, 2006)
Formal and Informal
Methods of Conflict
Resolution
In Rehabilitation Counseling
Alternative Dispute Resolution
While there is a range of strategies that had been examined
over the years, the main emphasis of today has been an
alternative dispute resolution (ADR).
Is advocated as both an alternative to violence and an
alternative to adversarial litigation (Stewart, 1998).
The purpose of ADR is to use constructive and creative
strategies to reach resolution in a peaceful and nonviolent
manner.
Informal Resolution
The Code and CRCC Ethics Committee recommend that
rehabilitation counselors who are seeking formal opinions
regarding an ethical dilemma or conflict seek out other
rehabilitation counselors and colleague who may act as mediators
or facilitators in reaching resolution to such problems (CRCC
Code of Ethic, Preamble).
Mediation calls upon neutral outsiders to reduce difficulties that
may obstruct agreement among the parties in conflict and
hopefully increase the probability of parties reaching a mutually
acceptable agreement.
Formal Resolutions
Formal methods of conflict resolution may be sought out by
an individual who fails to reach an agreement through the
mediation or facilitation process.
CRCC Advisory Opinions
http://www.crccertification.com/pages/advisory_opinions/129.php
Advisory opinions are categorized/indexed based on the
enforceable standards and subsections of the Code, thus
serving as a useful reference for rehabilitation counselors to
use when engaging in the conflict resolution process
Advisory Opinions
• Advisory opinions are
provided as a general
educational service and are
rendered in response to
limited and unverified
information provided to the
Committee.
• Opinions should not be
construed as direct advice
regarding the unique or
specific ethical or legal
action recommendations
that should be followed
regarding the issues raised.
Formal Resolution
As outlined in Standard L.3.b., when informal resolutions are not
appropriate or feasible or if an apparent violation has substantially
harmed or is likely to substantially harm persons or organizations.
Formal grievance or hearings process may occur resulting in
mandatory cooperation of rehabilitation counselors in assessing
the potential conflict and participation in subsequent proceedings
similar to that of arbitration and adjudication.
CRCC Guidelines and Procedures for Processing Complaints
http://www.crccertification.com/filebin/pdf/CRCC_GuidelinesForComplaints201307.pdf
Formal Resolution
This process of conflict resolution is likely to become adversarial in
nature and will likely leave most parties feeling dissatisfied with the total
outcome and thus conflict remaining unresolved (Stewart, 1998).
References
American Counseling Association (2005). ACA Code of Ethics. Alexandria, VA.
Commission on Rehabilitation Counselor Certification. (2010). Code of professional ethics for rehabilitation counselors.
Schaumburg, IL.
Frantz, C. & Jin, K. (1995). The structure of group conflict in a collaborative work group during information
systems development. Journal of Applied Communication Research, 23, 108–122.
Ford, G. (2006). Ethical reasoning for mental health professionals. Thousand Oaks, CA: Sage Publications.
Hamilton, C. (2001). Communicating for results: A guide for business and the professions. (6th Ed.). Belmont, CA:
Wadsworth.
Radcliffe, D. (2006). Achieving ethical clarity through dialogue. Cornell Center, available at
http://www.johnson.cornell.edu/alumni/enterprise/fall2006/vantagepoint.html.
Stewart, S. (1998). Conflict resolution: A foundation guide. Winchester, UK: Waterside Press.
Tidwell, A. C. (1998). Conflict resolved? A critical assessment of conflict resolution. New York, NY: Pinter.
Thomas, K. W. (1992). Conflict and conflict management: reflections and update. Journal of Organizational Behavior,
13, 265–274.