Or confirmation of the controversial situation c. The pre-trial procedure for resolving a dispute is the procedure. Who determines the winner of the distribution?

To some extent, poker can be called quite simple card game. Many people sincerely believe that it is enough for them to learn the order of combinations in poker, as well as basic rules. However, as practice shows, with such a set of knowledge you will have little chance at gaming tables with serious opponents.

Literally the very first hands with your participation will refute the idea that poker is simple. There are a huge variety of nuances in poker that can appear at any time. How to prepare for this? To begin with, we recommend studying controversial poker combinations and figure out how the winner of the hand is determined in this case.

As the practice of real games demonstrates, in poker controversial situations often occur at the gaming tables. The most simple example it may be that the same poker combinations appear at the same gaming table. This is when two participants managed to collect, for example, Street. However, there are other cases.

For example, if we talk about large international tournaments, there is rarely any confusion there. Everyone is a true professional and knows the rules very well, so any dispute is resolved instantly. There is no question here about who is first in hand poker.

But such controversial issues may well arise during the game among novice players. Or you decided to play poker at the same table with your friends, who also do not particularly understand the rules of the game. In this case, there is practically no escape from controversial situations.

By the way, on specialized forums you can often find many topics that are dedicated to the issue of determining the winner in hands where players managed to collect identical hands. The funny thing is that often even those “helpers” who give answers in such topics are often not completely sure that they are right.

Surely, many people are familiar with the situation when, at a regular gaming cash table, everything turns out a little differently than you imagined. So, let's say you're playing in a poker room, the game is going well, and you think you're doing great in this hand.

Next, the cards are revealed and it also seems to you that everything is fine, but for some reason unknown to you, the dealer calls another player the winner of this hand. It is unlikely that you will so easily agree with such a decision. However, you will quickly be told the rules that determined the winner.

However, it is not always possible to come across players with an objective understanding that they do not know the rules well. Many people believe that this is some kind of conspiracy, that the management of the poker room is biased, etc. As a result, this often spills over into the same poker forums, where such players then blame everyone and everything for their failures. They can only be advised to learn to lose.

Who determines the winner of the distribution?

Most controversial situations in poker can be resolved only if you have serious knowledge about poker combinations and who will be first in certain game hands. However, even with such knowledge, this still does not guarantee you anything.

The fact is that if we are talking about playing at amateur tables with inexperienced players, then knowledge of poker combinations does not guarantee you anything. You may know the correct answer about the winner of the hand, but other participants may not agree with this opinion. They simply have a different opinion, or your truth is simply not beneficial to them.

It is in such situations that the player is often turned to outside help. And poker forums here often act as an independent arbiter. However, it is worth understanding that such "arbitrators" from forums can often be far from the most competent. It all depends on the level of their knowledge and experience.

If the game takes place in a poker club, then the vast majority mistakenly believe that the winner of the hand should be determined by the dealer of this game. In reality, everything is somewhat different. In poker clubs, the dealer deals cards to the participants and also monitors the implementation of the rules of the game.

If any controversial situations arise at the gaming table (this, of course, includes the same combinations for different players), the dealer must call for help manager of the establishment or tournament manager. It is these people in poker clubs who deal with controversial gaming situations; this is their responsibility.

If we are talking about playing in online poker rooms, then this already has its own subtleties and features. In particular, if, while playing for real money, any controversial situations or decisions arise, then you have the opportunity to write your complaint to the e-mail address of the poker room administration.

First, you can contact the poker room support service for help. Of course, this is far from the most specialized activity for poker room support, but still, such services are also engaged in resolving conflict situations based on the rules of the gambling establishment. Therefore, they should help resolve the dispute.

At the same time, we immediately warn you that if you write complaints to the support service about the work of the dealer, this will lead nowhere. The fact is that online poker rooms does not act as a dealer a real man, and special computer program , which works according to the established algorithm. Failures and errors are impossible there.

Such a program includes all the options that may appear during the action at the gaming tables. This also applies to establishing the highest combination in controversial situations. Therefore, it is simply absent here human factor. An automatic program that acts as a dealer determines the winner of a hand in just a few seconds or divides the game bank when two participants managed to collect absolutely identical combinations.

Examples of the most common controversial situations in poker

In most cases, controversial situations arise when two (or more) participants manage to form combinations that have identical values. That is, such problems do not arise when the hands differ in their strength. Even The strongest Straight can never beat the weakest Flush.

Well, now it's time to move on to specific examples with our explanations. Let's imagine that two participants reached the showdown in one hand and only had High card . It is logical that victory in this case will go to the player who has this card higher.

However, a situation may arise that the highest cards of two participants will be of the same value. What to do in this case? Then you need to look at the second highest card and further, if necessary. If the players’ cards are absolutely identical in value, then the bank will simply be divided in half.

If two players were able to collect a Pair of identical value, then the strength of the combinations in such a situation is established by looking at the same kicker . That is, whoever has the highest card will win the game bank. If the starting kicker is identical, then look at the next card and beyond. That is, everything is identical to the previous case.

In a situation where two participants were able to collect a Two Pair combination, the strongest combination is determined by the highest pair. If the players' top pairs are identical, then you need to look at the second pairs. If both pairs are equal, the kicker is used again to determine the winner. This method works in the same way to determine the strongest in the case of a combination Troika.

Next in the rank of poker hands is Straight. As you have already learned very well (at least, we would like to believe it), a straight is a sequence of 5 cards of different suits, which are located sequentially. The strongest Straight will be the one formed from an Ace. However, Ace can also be in the weakest Straight (the combination is formed from Five and Ace plays the role of one).

In a situation where the combination Flash managed to collect several players, then, as in most other controversial poker situations, the senior hand. If the highest card is identical in value, then the second most powerful card comes to the fore, then the third, and until the strongest Flush is revealed. However, such controversial situations with Flash are very rare.

If, within the same hand, two players managed to collect Full house, then to determine the strongest of them, they will first look at the strength of the Three within the combination. For example, Victor has a Full House of three Nines and a pair of Fives, and Maxim has three Eights and a pair of Aces. Victory will ultimately go to Victor, since his Troika is superior.

If you have witnessed a rather unique case when two participants managed to collect a Four of a Kind combination (as statistics say, the probability of one Four of a Kind combination in a game is slightly higher than 1%) of identical value, then the kicker comes to the fore again. It is he who will determine the winner.

Further, we are talking almost about science fiction. The seniority of two Straight Flush combinations (five consecutive cards of the same suit) is determined by the strength of the highest card in these hands. With a Royal Flush it is even simpler: it is exclusively a hand from Ace to Ten of the same suit. Therefore, if there are two Royal Flushes at one table, they will automatically divide the entire game bank.

Results

With the knowledge described above, you will be able to feel much more confident at the gaming tables. This will help you play competently, as well as form your gaming strategy based on real knowledge, and not some guesses or premonitions.

Essentially, the basic principle for resolving disputes in poker is: high cards at their face value, will always beat lower cards at face value. At the same time, the suit of these cards has no significance. In case of complete equality of combinations, the bank is divided equally between the participants.

In poker, like in any other game, controversial situations sometimes arise. It would seem that it is enough to know the hierarchy of combinations, and questions should not arise, but in practice one cannot do without them.

Each controversial situation has its own solution, it is enough to find a source that provides correct information.

Depending on the specifics of the organization of the game process, in doubtful cases the role of determining the winner is assumed by the person in charge.

Who resolves controversial situations in poker?

Regarding online poker, here's the winner determined by the program, based on the information included in it. Upon completion of the hand, the player sees the results on his monitor. The human factor essentially cannot influence it, but it is possible that the program may also malfunction. In this case, the player has every right to contact customer support service poker room or write a request to review his situation at email address poker site administration. The speed of consideration of the issue depends entirely on the integrity and competence of the support or management. For many poker rooms, the factor of maintaining their own reputation plays a big role, so such requests are resolved quickly.

In live tournaments or cash games, doubtful issues have to be resolved either by the participants themselves, if this is an amateur game or home leisure, or administration of the establishment in which the game is being played or the tournament organizers. At high-level tournaments, disputes about who owns the victory arise extremely rarely, since professionals who are familiar with every nuance of the game take part.

When playing with friends, poker fans often begin to argue about the result, since such events are usually attended by amateurs who do not know many of the subtleties and features of the game. They can usually resolve disputes in two ways: by seeking advice from a special thematic forum or try to find the answer yourself in the Internet. Both methods do not provide a 100% guarantee of the correct result: on forums sufficiently experienced players do not always participate in the discussion, and on the Internet sometimes it is not possible to find a description of an equivalent situation or similar moment The rules are unclear. In any case, you should look for an answer, and since the situation at the amateur table is unlikely to be anything out of the ordinary, you can hope that colleagues on the forums will give a hint.

Controversial situations in poker when determining the seniority of a combination

Sometimes situations occur when the participants in the distribution have made completely identical combinations. In such cases, the sweat is divided equally between them. In other cases, the winner is determined by the highest combination. There should be no disputes here, since it is strictly necessary observe the hierarchy of combinations: Flush always beats Straight, and Straight beats Seth.

If the value of the combinations is the same for several participants, the winner is determined by the value of the highest card in the combination. If it matches, look at the following cards in descending order.

You need to pay attention to the use kicker in controversial situations. This role can be played by one or more cards from both the player’s pocket cards and common cards on the board. However, the kicker is taken into account only when matching combinations made up of fewer than five cards.

Another nuance should be taken into account when determining the seniority of a combination Full house. The winning combination here is the value of three identical cards in which it is higher. If Trips or Seth in Full House matches, look at the Couple.

Examples of dispute resolution

Very often, fairly simple game situations cause inexperienced players difficulty in determining the winner.

A few examples will help clarify the most common problem cases.

Example 1.

Player 1: K, 8

Player 2: 6, 3

Board: 4, 4, 3, 6, K.

The winner is Player 1.

Since both participants have collected a Two Pair combination, the winner of the win is determined by the face value of the cards. The first of them has a Pair of Kings and a Pair of 4, the second has a Pair of 6 and a Pair of 4.

Example 2.

Player 1: A, 9

Player 2: A, T

Board: 5, 7, Q, K, A.

The winner is Player 2.

Both players made a Set of Aces. The King and Queen are the first and second kickers. Since they are common, then the second participant’s 10(T) follows at par.

Example 3

There was a Straight on the board, which is the strongest combination in the hand. This situation is called a Split Pot. Kickers are not taken into account, the pot is divided equally between all participants.

Example 4

Player 1: K,7

Player 2: A, Q

Board: 8, 9, T, J, Q.

The winner is Player 1.

Despite the fact that Player 2 has stronger pocket cards, Player 1 wins, since there is a Queen's Straight on the board, which is the second participant's combination. The first player gets a Straight from the King, since he can strengthen the Straight with a pocket card.

Example 5

Player 1: 8, Q

Player 2: J, 3

Player 3: 8, 6

Board: 4, 5, 6, 7, 8 (offsuit).

The game is a draw, since all participants have a Straight on the table, and their cards do not allow them to make a stronger combination.

Example 6

Player 1: Q, 6

Player 2: Q, 9

Board: Q, T, 8, 5, 2.

The winner is Player 2.

Since both players have collected a Pair of Queens, the winner is determined by the kickers. There can be three of them (a hand consists of no more than five cards). The first kicker – T – is common, then at par there is the 9 of the second participant.

Example 7

Player 1: 4, 4

Player 2: 3.5

Board: 7, 7, 8, 8, K.

The hand is a draw.

Since the strongest combination is on the table (Two Pair), and the fifth card, the kicker, is the King, also from the community cards, the pot is divided in half.

Bottom line

When resolving disputes at the poker table, you should take into account nuances such as the kicker, the number of kickers used and the most effective cards. It is worth remembering that a hand cannot have more than five cards, so the strength of a four-card combination is determined by only one kicker. A pocket pair, if it is weaker than paired community cards, is not taken into account when determining the winner.

Dispute

In interpersonal, business and public relations, controversial situations often arise, for the successful resolution of which it is necessary to comply with certain ethical standards.

Dispute, as a rule, includes evidence: one person proves the legitimacy of a thought, the other refutes it, i.e. proves its illegality. A thought for which evidence is built to substantiate the truth or falsity is called thesis proof. The entire proof should be built around the thesis.

To identify a thesis, it is usually enough to do the following.

1. If possible, bring to complete clarity the concept of a thesis (the main idea of ​​the dispute). There are two means for this: to define the concept on your own (which is not always possible), to use a definition from some serious book, or encyclopedic dictionary. It happens that different authors interpret the same concept differently. Then you should choose the concept that is optimal from your point of view, but at the same time know that there are other definitions. It is also advisable to memorize one or two definitions of a concept, having first thoroughly understood them.

2. Find out (for clarity of subsequent reasoning) about one subject of this class we're talking about in the thesis or about all subjects without exception. Or maybe only about some (most, almost all, many, several)? Meanwhile, in many judgments cited as evidence, this is precisely where clarity is lacking. For example, if a person says: “People are evil,” then his thought is not clear: are all people, without exception, evil or most of them? Without knowing this, you cannot prove or disprove the thesis itself. In such cases, the thesis is said to be indeterminate in quantity.

3. Find out what kind of judgment we consider the thesis to be: undoubtedly true, undoubtedly false, or only probable to a greater or lesser extent. to a lesser extent. It is likely that the thesis seems simply possible to us: there are no serious arguments for it, but there are no arguments against it either. Meanwhile, the clarification of these differences (differences in the degree of modality, as logic calls them) is usually the least of the concerns. For an uneducated mind, whatever thought you take, it is either reliable or undoubtedly false. Therefore, if a person consciously tries to find out whether a thought is reliable or only probable, and gives this difference great importance, then this should be considered as a sign of the disputant’s education.

Errors in evidence are mainly of three types:

a) in the abstract;

b) in the arguments or grounds of the thesis;

c) in connection with arguments and theses, that is, in reasoning.

Errors in thesis consist in the fact that we set out to prove one thesis, but in fact we proved or are proving another. Sometimes this is a thesis similar to the present one or somehow connected with it, often without any visible connection. This error is called a deviation from the thesis, which occurs at every step in the solution controversial issues. For example, the interlocutor wants to prove that an unreasonable person is stupid, but he proves that a stupid person is unreasonable. Sometimes a debater sees that he cannot prove or defend a thesis and he deliberately replaces it with another, so that the opponent does not notice. This is called substitution of the thesis.

There are mistakes in arguments two types: false and unfounded. In the first case, the argument is based on a deliberately false thought, in the second, the argument still requires proper proof.

Errors in the connection between the grounds and the thesis (errors in reasoning) consist in the fact that the thesis does not “follow”, does not follow from the grounds, or it is not clear how it follows from them.

The starting point of every proper argument must be to establish the point of disagreement. The latter is usually achieved by the fact that, in contrast to the erroneous view of our opponent at a particular point, we put forward our view, incompatible with it, as true. In other words, in contrast to the thesis, an antithesis is put forward. The struggle between these two opposites is the essence of the most important correct debates.

It is necessary to strive to ensure that the antithesis is concise and expressed as simply as possible. Compound antitheses, expressing two or more thoughts, entail a lot of inconvenience and introduce extreme confusion and uncertainty into the resolution of controversial cases. To achieve results in a dispute, it is advisable to break them down into component elementary judgments and consider each point of disagreement separately.

If the point of disagreement is not clearly established (or a complex point is established), then the dispute is often conducted essentially blindly. The wrong choice of disagreement can often decide the fate of the entire dispute without revealing the truth.

A properly constructed proof of a thesis (or antithesis) is of paramount importance in a dispute. Nevertheless, very often the opponent is more interested not in whether our thesis is true or false, but in how correctly it can be proven or justified. The lack of correctness in the proof of a thesis is often mistakenly (or deliberately) taken by the opponent for its falsity. This is an obvious fallacy: an objective truth does not cease to be true if someone has failed to prove it correctly.

In a dispute between two sides, it is usually the defender of the thesis who is in a more difficult position. The choice of a dispute over a thesis or a dispute over a proof of truth belongs to the attacking side, that is, the opponent. By putting forward an antithesis, he makes the thesis itself a matter of dispute. By demanding proof of the thesis, if it is not given, he thereby invites a dispute over the proof. The defender of the thesis usually has one of two options: accept the proposed argument or reject it.

This feature of the “attack” in skilled hands provides certain advantages. The attacker can choose the form of dispute that is easier and more profitable for him and more difficult for the enemy. In such conditions, it is much better for the defender of the thesis to direct the opponent into the direction of the dispute about the thesis, to force him to provide evidence of the falsity of the thesis. Then the opponent’s case in many cases may be lost.

Controversies are inherently focused And shapeless. In the first case, opponents constantly have a controversial thesis in mind, and all their reasoning is aimed at proving or disproving this thesis. A formless dispute does not have such a focus. It begins about a thesis. When exchanging objections, opponents grab onto some argument or private thought and argue because of it, forgetting about the initial thesis. Then the controversy flares up over the third thought, and the dispute does not end anywhere, but turns into separate local fights. This is the lowest type of all the spore varieties.

The dispute can be between two persons. This is a simple, single argument. However, often a dispute is conducted between several persons, each of whom enters into it either from the defense or from the attack. This is a difficult debate. The latter is much more difficult to conduct correctly. Meanwhile, a complex dispute can be extremely important, especially in cases where it is a means of getting closer to the truth. A complex debate provides an opportunity to listen to and weigh all or many of the arguments for and against a thesis and to better assess their relative strength. Of course, in order to make such an assessment correctly, in order to take the whole possible benefit, a good, healthy and clear mind is necessary in itself, along with knowledge of the matter under discussion. Without a complex debate, even such a mind would extremely rarely be able to fully correctly and confidently evaluate the thesis. And so it is everywhere: in science, in public life, in interpersonal relationships. The more people of outstanding intelligence and knowledge participate in a complex dispute, the more persistent it is, the more important its thesis, the more interesting and valuable the results of the dispute can crystallize.

A dispute with many participants can “settle” on its own only in cases where all participants in the dispute have good mental discipline, the ability to grasp the main thing, and an understanding of the essence of the problem. In other cases, a dispute manager is required. Practice shows that good dispute leaders are extremely rare. Often a complex dispute is conducted so illiterately that it instills hostility to joint discussion of issues.

Dispute in front of listeners. Both simple and complex disputes can take place with or without listeners. Sometimes this difference has a decisive influence not only on the nature of the dispute, but also on its outcome. The presence of listeners, even if they are silent and do not express their approval or disapproval in any other way, has a psychologically strong effect on opponents, especially on proud, impressionable, and nervous people. Victory in front of listeners greatly flatters one’s pride, while defeat becomes much more annoying and unpleasant. Hence greater persistence of opinions, greater ardor and a tendency to resort to various tricks.

In an argument in front of listeners, you have to adapt not only to your opponent, but also to the listeners.

There are two main types of listeners. Some have preconceived opinions, likes and dislikes. They will support “their” chosen one, catch his thoughts and not listen or listen with obvious bias to his opponent. Others have no opinion on this issue, at least no strong opinion. They will judge the progress of the dispute mainly by external signs: authority, the confident tone of one, the timidity of the objections of the other, the attitude of “experts on the subject” to the dispute.

For both the first and the second, thought works very little. This passivity of thinking among the majority of listeners to the debate is observed everywhere - from rally discussions to learned societies.

In a dispute in front of listeners, external and internal play an important role. psychological factors: impressive manner of speaking and bearing, self-confidence, aplomb. A timid, shy person, especially not accustomed to arguing in front of numerous strangers, always a priori loses in comparison with a self-confident, even somewhat arrogant opponent.

What qualities should the participants in the dispute have? Quick thinking gives a huge advantage in an argument. He who thinks faster “doesn’t go into his pocket for words.” He is resourceful, witty, has a sense of humor, and with equal intelligence and knowledge, he always defeats his opponent.

The highest, noblest and most beautiful form of debate is one in which there is essentially a joint search for truth. IN pure form This type of dispute is rare, and only between intelligent and calm people. When people who look at argument as a means of finding out the truth come together, their conversation, as a rule, proceeds in a calm and dignified tone. In addition to the undoubted benefits, it gives true pleasure and satisfaction: this includes broadening one’s horizons; and the advancement of truth towards its resolution; and a subtle, calm excitement of mental struggle; and some special aesthetic, intellectual pleasure. Even if someone had to “give up ground”, abandon a previously defended point of view, the resulting unpleasant aftertaste can completely fade into the background in comparison with the positive impression of this dispute.

We need a very differentiated approach to the issue of choosing the identity of the opponent in the upcoming dispute. The wisdom of all nations warns against arguing with fools. Such an argument never succeeds. You should also not argue unnecessarily with an impudent and rude person. Undesirable opponents also include obvious sophists, with whom we can argue unnecessarily only when we know that we can teach them a lesson by giving them a verbal beating.

There are people who are incapable of proper debate. This is how M.Yu. writes about this type of debater. Lermontov: “I could never argue with him. He doesn't answer your objections
he doesn't listen to you. As soon as you stop, he begins a long tirade, apparently having some connection with what you said, but which in fact is only a continuation of his own speech.

Even worse is the hysterical debater. He constantly forgets the topic of the argument, grabs onto individual words, rushes from thought to thought, interrupts the enemy, literally does not allow him to say a word, and when he tries to insert a word, he shouts: “You don’t let me speak.” In his excitement, he constantly throws rude but unsubstantiated accusations: “You yourself don’t understand what you’re saying, you’re inconsistent, you don’t listen to me, but you say God knows what!” In the end, the stunned, perplexed, sometimes offended “enemy”, who had the imprudence to get involved in such a dispute, leaves, leaving the battlefield to the “triumphant winner.”

Sometimes a dispute is imposed, provoking a quarrel. Of course, often an honest person must courageously enter into such a dispute, although he may be “torn to pieces by pigs.” But no one should do this unless necessary.

Sometimes the opponent is such that you can argue with him, but he will not understand the proof of the thesis. The more ignorant and stupid a person is, the less able he is to understand and accept any complex thought or complex evidence. Paradoxically, such inability is usually accompanied by deep complacency, the confidence that the truth is “in his pocket,” that all this is very simple and has long been well known to him.

The choice of arguments when proving a thesis is determined by the tasks that we set in the dispute. Wanting to check the truth of any thought, we choose the strongest, from our point of view, arguments in favor of it. Wanting to convince someone, we present arguments that should seem most convincing to the interlocutor. Wanting to defeat the enemy, we look for arguments that are most likely to put him in difficulty. In a dispute conducted to persuade listeners, we adapt the choice of arguments not so much to the opponent as to the listeners. Failure to take into account the objectives of the dispute when choosing arguments often leads to defeat. Here you definitely need to take into account the enemy’s level of development, his specialty, and psychology. Then you won’t be surprised that an argument so obvious and strong for yourself is not noticed, rejected or even ridiculed by your opponent.

A quick change of thoughts, especially complex ones, when arguing in front of an average-level audience is completely unacceptable. People who are not accustomed to thinking deeply are able to trace only a gradual change in arguments. Each evidence must be presented separately, discarding, if possible, all minor details. Life comparisons, even crude ones, are necessary to create a visual image that is understandable.

Conflict situations

While the air and water around us are environmentally friendly, we do not notice them. When they become polluted, people begin to think about the huge role that nature plays in their lives. Something similar occurs in interpersonal communication: as long as it proceeds naturally and without conflict, we don’t even think about correcting it. Conflict situation always suggests the need for change. And in this sense, it contains a creative principle: after all, in the process of conflict, finding oneself in non-standard situations, a person is obliged, as in creative searches, to resort to improvisation, innovation, and the use of constructive methods of interaction. True, what has been said applies to a greater extent to constructive and creative types of conflicts, and not to destructive and destructive ones. The arsenal of possibilities used in the process of resolving creative conflicts can be compared to a treasure chest forgotten in a dark corner of an old house. Only when we bring them to light are we amazed at their beauty and value.

Conflict– the presence of intractable contradictions and a conflict situation, including opposing positions of the parties or opposing goals or means to achieve them.

Conflict arises when intractable contradictions arise; clash of interests based on rivalry, lack of mutual understanding, often accompanied by acute emotional experiences. The basis of any conflict is formed by a situation that includes either opposing positions of the parties, or opposing goals or means of achieving them.

For a conflict to begin to develop, there must be an incident in which one of the parties commits actions that infringe on the interests of its opponents or partners. If the opposite side responds in kind, the conflict from potential develops into real. An incident can arise either on the initiative of one of the parties, or independently of the will and desire of both parties, due to objective circumstances, or by accident.

Interpersonal conflict is a situation in which people either pursue incompatible goals, or adhere to incompatible values ​​and norms, trying to realize them in their relationships with each other, or in intense competition they simultaneously strive to achieve the same goal, which can only be achieved by one of the conflicting parties. Among other reasons interpersonal conflicts there may be a lack of information, uncertainty, poor communication skills, constraint by fear of choice, etc.

Often the source of conflict is mistrust and irritability. Attempts to openly express your irritation often lead to great grievances, ending in scandals or complete cessation of relationships. Or they start talking behind each other's backs. Everyone sees evil intent in the actions of the opposite side and considers any new action to be another enemy attack.

The first step in getting out of a conflict situation is to discover the hidden causes and sources of the conflict, the next step is to correct the problem through an appropriate response to it. For example, if the conflict is due to lack of communication, the obvious response should be to improve communication. If the conflict is related to differences in life plans, the response will be one of compromises developed as a result of negotiations and the search for win-win solutions. If the conflict involves people who are difficult to deal with—rude, complaining, or downright negative—the response should be to meet their actions with an appropriate defensive strategy. If your own fears and indecisiveness are the obstacle, then the solution lies in developing methods to overcome these obstacles.

The method of resolving interpersonal conflict states contains two key considerations. Firstly, the irritation should only be partially released. You cannot give vent to all the accumulated anger; it can flood and destroy everything in its path. If a person is in a situation where there is no one to stop him at the right moment, then he must do it himself. You have to tell yourself: “We should stop here. I need to suppress my anger. There is no time now to remember the past.” Even if your opponent’s offensive words irritate you greatly, force yourself to calm down and let his emotions partially find a way out. The key to dealing with when tempers get too high or when emotions rage for too long is to make it clear to your opponent that you want to stop the simmering, in other words, settle the matter. Explain that you do not want to dismiss your opponent's emotions or deny their validity, but only intend to contain them. Say something like this: “Yes, I see that we are both very irritated, but this irritation will not lead us anywhere. Let's agree that something bad happened in the past that left us both angry.
But now is the time to think about preventing irritation from arising in the future.” This behavior is especially useful if you have come into conflict with someone with whom you should continue to communicate (neighbor, co-worker, family member).

It is often very difficult to listen to someone in a state of conflict: you want to walk away, avoid continuing the conversation, or change the subject. This course of action can even be constructive if you do not have a need to communicate with this irritated person in the future. Sometimes this is what speakers do in a crowd: they stop speaking, walk away, and address another audience. But if you want to save your relationship, you need to listen until the other person speaks up and gets rid of the fears and doubts that fuel the conflict. When a person is not given the opportunity to speak, hostility and suspicion usually arise on his part, and communication descends into chaos and tension. After relaxation, you can begin a normal conversation.

In many cases, when a person is overwhelmed by anger or fear, even if it is unreasonable, the best approach is to simply listen. Assent to show that you are listening and that there is no reason to worry. If you want to achieve some kind of solution, you need to be patient and polite, although you risk hearing the same thing over and over again and you are painfully tempted to end the conversation. This behavior requires some courage, but you must calm the person who is overwhelmed by irritation or fear. With the right behavior on your part, after a while the opponent’s anger will subside and dissipate, after which the conversation and normal relationships can resume.

If, due to your personality, you cannot calmly listen to an irritated person,
it's very useful for early stages in a conflict situation, convince yourself of the need to control yourself. Tell yourself: “I must be calm. I have to listen to this man.”

There are cases when irritation and hostility reach such a high level that it is best to refuse to continue the relationship and leave. The signal to leave is a feeling of the meaninglessness of what is happening and the “awakening” of old anger even when you just think about the situation. Another signal is self-flagellation: you mentally replay the situation over and over again, think about what you did wrong and do not find a way out. In such cases, it is possible best option, give up on everything, because conflictual relationships become an obsession that feeds on itself, and every time you think about this situation, you become more irritable and more and more guilty of yourself. If all your efforts to defuse the conflict are in vain, then it is time to leave before the feelings of anger and irritation become completely destructive. When the costs of resolving a conflict exceed the benefits of interrupting it, then such withdrawal will be entirely justified.

Techniques for releasing irritation and anger. There are several effective methods release from irritation and anger. Visualization method comes down to imagining oneself doing or saying something. It's good for when you can't afford to take your frustrations out (on your boss, for example) or when you think your anger will only make an already tense situation worse. For example, mentally express your feelings to the person with whom you are angry. As a result, you will achieve a feeling of freedom from anger without risking anything.

In the option of getting rid of anger with the help grounding you first imagine the anger that comes into you from your opponent as a beam of negative energy. This energy then descends through the legs and goes freely into the earth.

An option for getting rid of anger using projection consists of completely relaxing, and then “radiating” your anger onto some mental screen and “shooting” it with a “ray gun”. With each “hit,” your irritation will weaken more and more until it disappears completely.

Another way to get rid of anger or other negative emotions is in purification energy field or auras around you. Sit up straight and rub your hands above your head, imagining that with these movements you are clearing the energy shell around your body and extracting irritation and anger from yourself, and then shaking them off.

You can also get rid of the anger that is causing you special person, presenting him as much shorter than you so that he becomes insignificant to you. This technique is especially useful when you have focused your attention on a certain person and exaggerate their importance in your life.

Any of these methods, used repeatedly, will cause the anger and bitterness you have been feeling to leave you. A conflict situation and your opponent may often even seem funny to you.

Another way to release frustration in a conflict situation is to ask yourself: “What lessons can I learn from this situation so that I can be prepared for similar situations in the future? How can I gain self-confidence if I encounter such an incident again?” This approach will help you free yourself from negative emotions, as it will teach you to act competently in similar cases. Then the time and effort spent in a conflict situation will not seem to you wasted in vain.

Some people seem to be charged with negative energy. Finding yourself surrounded by angry, hostile people who cause you a lot of inconvenience during communication, it is sometimes necessary to establish something like a psychological barrier or protection. Otherwise, you may lose your peace of mind and be easily drawn into conflict, which is a consequence of your mood. One way to protect yourself is to imagine a white glow of pure positive energy around you, or to imagine that you are in a protective shell. When you feel threatened by someone's negative energy, raise your shield or even move it closer to the person emitting it.

Sometimes nothing relieves irritation more than the thought of revenge. Fortunately, a person has the opportunity to take revenge without resorting to violence - with the help of imaginary revenge. To carry out revenge, you can use the method of symbolic actions. For example, write a rude letter to the offender, but do not send it. Carry out a symbolic throwing of arrows at a target, which serves as the face of your offender.

Human responsibility and conflict situations. The emergence of a conflict situation can be significantly influenced by such a human character trait as responsibility. Most often, conflict is created both by a person who does not feel any responsibility, and by a person whose responsibility is too great. A conflict situation is often also created by those who try to place responsibility on people against their will.

When a person is unwilling to take on responsibilities, people around him may be unhappy about having to be responsible and do someone else's work. When he has taken on too much responsibility and perhaps gained too much influence in the process, other people may be offended by being removed from business.

Each person in a conflict situation, where the subject of the dispute is to clarify responsibility for what he has done, must first of all admit his share of the guilt for what he has done to the detriment of another. This is often difficult to do, since it is assumed that the perpetrator is obliged to correct something or compensate for the damage. However, if he does not admit his guilt, then in the end it will cost him much more. Refusal to admit partial guilt, as a rule, both prolongs and aggravates the conflict.

Once you agree that you are partly to blame for what happened, explain to your other partner exactly how you are to blame. This will establish an atmosphere of mutual respect and show that you sincerely want to make things better. In any case, an apology, explanation or justification is a way to maintain dignity in conflict.

Often conflicts are generated by hidden needs and desires that for some reason are not fulfilled. Upon superficial examination, it is not clear why the conflict situation arose. Recognizing the true causes of a conflict, the true interests of another person and acting taking them into account is a great art.

Unfortunately, it can be difficult to determine from the position taken in a conflict or from a person’s manner of behavior what desires or fears are driving him. People often hide their true feelings because they do not want to feel defenseless and vulnerable; they are afraid that these feelings will not please someone or will be misunderstood. It happens that people are not aware of their true intentions: they just want something, but do not know why.

Hidden agendas and interests fuel conflict situations. The husband quarrels with his wife, not wanting her to work, arguing that then she will have more time to raise the child. In fact, he fears that her independence will call into question his reputation as the head of the family. Apartment neighbors quarrel about noise and litter, when the real reason is the difference in their lifestyle. One of the company's employees conflicts with other employees, puts obstacles in their work, accuses them of dishonesty, but in reality he is concerned about his own incompetence and low abilities. To assert himself, he tries to humiliate others.

So, the first stage of conflict resolution is to find out its hidden causes. The process of discovering people's hidden interests can often seem like a strange game. You shouldn't always rely on your intuition here. However, if these interests can be discovered, then it suddenly turns out that it is possible to satisfy both conflicting parties, whose positions until recently were irreconcilable.

At the second stage of getting out of a conflict situation - correcting the problem, it can be useful to consider several possibilities for satisfying the interests of both parties or think about how to give in to your opponent on issues that are less important to you and significant to him, to persuade him to make concessions on what matters to him not very important, but for you it is an urgent need. It is very important to find ways to openly discuss controversial issues with each other. For example, call your opponent by phone or write a letter, offering to discuss the current situation in order to find a solution that suits both parties.

When you feel that someone's original position does not suit you, but could be useful if you can soften it, do not reject it outright. If you find yourself in a situation where someone is being very emotional, conflicted, and unclear about their own desires, and you are in an extremely difficult position trying to navigate the way to a mutually beneficial resolution of the issue, try to distract yourself from external manifestations of emotions in order to discover hidden interests and fears of your interlocutor. To this end, follow the following program of action.

1. Follow a thread of reasoning that can clarify what your interlocutor really wants, but what he does not admit to either you or himself. Identify what he resists or what offends him; which he doesn't really want, but claims otherwise.

2. Make a proposal that, in your opinion, will satisfy the hidden interests or dispel the unconscious fears of the interlocutor. If he feels that this corresponds to his true needs, then such an offer will clear the way to solving the problem. If not, then it will simply be rejected.

3. Be prepared to express your own interests, because along with the desires of your opponent, you also want to satisfy your own needs. Once your true desires are revealed, you are both in a better position to work out alternative solutions that satisfy both parties.

In other words, by yielding and submitting, you will achieve what you want faster; by confrontation you will only intensify the conflict.

Conflicts as a result of violation of the rules of communication. Communication, the main tool for resolving most conflicts, is itself often the cause of quarrels. Any violation of the rules of communication can lead to them: sometimes a person does not express himself clearly and definitely; someone is listening inattentively; there is often confusion about what is meant; Hidden assumptions can be an obstacle. In some cases, as a result of misunderstanding, hostility or resentment, communication ceases altogether. To overcome these obstacles you need to be able to use the rules of interpersonal communication. Many of them seem self-evident under normal circumstances. But when a quarrel begins to be fueled by emotions, it is not always easy to consciously follow these rules.

If there is a discrepancy between the words expressed and the speaker's facial expressions or gestures, then an open discussion of the issue is useful. Draw your opponent's attention to the fact that he did not convince you with what he said, that you are confused by the discrepancy between his words and deeds and you want to understand what he really means. Make these remarks in a friendly, non-offensive manner, using polite, gentle intonations whenever possible. For example: “I can sense that you are upset about something from the tone of your voice, even though you say otherwise. I would like to know if we can discuss this matter in such a way as to resolve all your concerns.” Being respectful will force your opponent to help you understand because you sincerely want to resolve the problem. After you have spoken openly about your impressions, give your interlocutor the opportunity to express his feelings in turn or discuss hidden problems.

Based on past experience with your interlocutor, you assume that certain turns of phrase or manner of behavior will have a good effect on him. You hope that he, having a sense of humor, will take the remark you made as a joke. And when you say something during a conversation, you assume that it will be heard and understood properly. Most often, these assumptions are made subconsciously, allowing you to focus your attention on the content of what your opponent said or did. However, sometimes your assumptions can lead you into difficult situations. For example, a remark you make may lead someone down the wrong path; your joke may not be funny because the other person doesn't know the reason behind it. In a more serious situation, you think that you are understood and that everyone agrees with you, when this is not the case.

The other person, in turn, can also make incorrect assumptions about you, your reaction, your plans. Such situations can lead to real conflict. If something important remains unclear or not clearly stated, you can easily get into trouble. And because this is dangerous, each person needs to learn to recognize such situations and control their own assumptions. You need to be willing to correct other people's assumptions about you if they are not true.

If you can't understand something the first time, never hide it. Don't worry about looking funny or stupid. On the contrary, you will only mislead everyone if you act as if you understand everything when in fact you do not. By admitting that you don't understand something, you maintain your dignity and prove to yourself that you are honest and want to do it right the first time.

Choosing a style of behavior in a conflict situation. Very important role belongs to the choice of behavior style corresponding to the conflict situation. Style is determined by tactics,
with the help of which you intend to satisfy your own interests (acting passively or actively) and the interests of the other party (acting jointly or individually).

Vary styles competition, avoidance, adaptation, cooperation and compromise. Each of them is effective only under certain conditions, and none of them can be considered a priori as the best. Preferring one style over another is natural, taking into account the characteristics of your character, but rigid adherence to any one style can limit your possibilities. It is likely that a person will prefer one or two styles as a performer who has his own repertoire.

Man using competition style, usually very active, prefers to go his own way to resolve the conflict. He is not very interested in cooperation with other people, but he is capable of strong-willed decisions. The competitive style is effective when you have some power and are confident that your decision in a given situation is correct. However, this is not a style that should be used in personal relationships when you want to get along with people, it can make them feel alienated. If you don't have real power and your point of view differs from those in power, you risk getting burned by using a competitive style. This approach will only win you supporters if it consistently produces positive results.

Evasion style occurs when you do not stand up for your rights, do not cooperate with anyone to develop a solution to a problem, or simply avoid resolving the conflict. It is acceptable if the problem being addressed is not that important to you, you do not want to waste energy on it, or you feel that you are in a hopeless situation. The avoidance style is recommended to be used in cases where you feel that you are wrong and prefer that your opponent is right, or when the interlocutor has more power. You can change the topic of conversation, leave the room, or do anything that will eliminate or delay the conflict.

This approach can be useful if there is no need to make a decision immediately. Sometimes it is used when there is not enough information to make a decision.

Fixture style acceptable if you act jointly with the opposing party without trying to defend your personal interests. It is good when the outcome of the case is extremely important to your opponent and not very significant to you, or when you cannot gain the upper hand because you have little power.

Following collaboration style, you actively participate in conflict resolution and defend your interests, but at the same time try to cooperate with your opponent.

Compromise style involves partial satisfaction of the interests of both parties through mutual concessions, taking into account all the pros and cons.

It is interesting to analyze the role of consciousness and subconscious in a conflict situation. There is a well-known wise psychoanalytic aphorism: “The consciousness thinks, and the subconscious controls.” The level of awareness of the causes of the conflict depends on intellectual development, individual experience and the wise application of productive conflict prevention procedures. Consciousness has at its disposal a stereotypical “censorship apparatus,” which works clearly and strictly, obeying the rules for managing consciousness.

The involuntariness and reflexivity of subconscious processes are often expressed in the unpredictability of the individual’s reactions and actions. For this reason, very often on the surface of consciousness there is “peace and grace,” but in the depths of the subconscious “a storm is raging.” The subconscious often warns a person at the level of intuition: “Attention! Deception! A conflict is brewing!” And if a person knows how to listen to the voice of intuition, perceive subconscious information and read hidden information through non-verbal (non-verbal) channels (facial expressions, gestures, eye expressions), then conflict can be prevented. The difficulty is that the subconscious speaks to us, using not open, but indirect, hidden maneuvers, workarounds, and the content of information is often expressed in small things, trifles and, at first glance, in manifestations that are insignificant to us. Knowledge of these deep mechanisms of the human psyche makes it possible to understand the subtle ways in which internal conflicts arise, the most difficult and deep, often chronic and unconscious.

In psychological literature, such essential properties of conflict are usually identified as: contradiction between the interests, values, goals, motives, roles of subjects; confrontation between the subjects of the conflict, the desire to cause damage to the opponent; negative emotions and feelings towards each other.

The structure of the conflict is usually formed by: parties or participants in the conflict (number of participants and scale of distribution); subject of the conflict (what caused it); the perceptions of the conflict participants about themselves, about the opposing parties. In its development, the conflict goes through the following stages: pre-conflict situation; conflict interaction; conflict resolution.

Psychological research shows that the main causes of conflicts in the activities of organizational personnel are:

serious shortcomings in management organization;

unclearly defined rights and responsibilities of personnel;

irregularity and instability of the work regime;

dissatisfaction with material incentives;

incorrect assessment of staff work;

psychological incompatibility due to personality, age and other differences;

violation of established norms of behavior, the emergence of disagreements between different categories of personnel, etc.

As practice shows, methods for resolving conflict situations can be different:

withdrawal from the situation, up to and including dismissal from work;

conclusion of a compromise, deal, negotiations;

complete abandonment of one's intentions;

achieving goals at any cost;

collaboration orientation.

It is extremely important to take into account factors that prevent the emergence of conflicts: (1) correct selection and placement of personnel, taking into account not only professional, but also psychological qualities; (2) the authority of the leader, positive recognition of his merits; (3) positive traditions in the team, the bearers of which are the majority of employees.

Administration and specialists personnel services When resolving a conflict, you should be guided by the following principles.

Conflict resolution taking into account the essence and content of the contradiction (it is necessary to separate the cause from the cause of the conflict, determine its business basis, and understand the true motives of the conflict).

Conflict resolution taking into account its goals (it is necessary to determine the target orientation of the opponents’ disagreements, to draw a line between the features of interpersonal and business interaction).

Conflict resolution based on taking into account the emotional state of the parties (an explanatory conversation is needed in a calm, relaxed atmosphere).

There are various methods for overcoming conflicts, which are widely discussed in textbooks on conflictology. Here are some of them:

formation in the team of a certain public opinion about the conflicting parties;

appeal to the “arbitrator”;

organizing cooperation between conflicting parties;

administrative sanctions.

The following rules help prevent serious conflicts from arising:

acknowledge each other;

listen without interrupting;

demonstrate understanding of the other's role;

find out how the other perceives the conflict, how he feels about it;

clearly formulate the subject of discussion;

establish common points of view;

find out what separates you;

after that, describe the content of the conflict again;

look for a general solution.

Let us note the most serious mistakes that may arise during the discussion of the conflict:

the partner puts forward his own mistake as the other’s mistake;

the partner does not fully disclose his motives;

the partner goes on the defensive;

the partner hides behind the support of his superiors;

the partner’s behavior is dictated solely by tactical considerations;

the partner takes refuge behind “production necessity”;

the partner uses his official position;

the partner uses knowledge of the opponent’s most vulnerable spots;

the partner recalls old grievances;

the winner and loser are revealed.

Let us dwell on the disclosure of the role of norms, including ethical ones, in resolving controversial issues and conflict situations.

Norms, ensuring the predictability of the behavior of team members, allow everyone to react to situations in a standard way, without thinking, without the risk of getting into an awkward position themselves or putting others in it. From this point of view, norms turn out to be a factor in stabilizing relationships and relieve a person from anxiety and uncertainty. A long stay in an environment with unfamiliar or foreign norms often leads to nervous overload, which can cause diseases of the cardiovascular system, gastrointestinal tract, neuroses, etc.

The approval of common norms of behavior and attitude towards the environment for groups is ensured by the mechanism of formation and development of an informal group. At the first stage, when group members know each other little, each is guided in his behavior by his own norms, learned from past experience. In the process of interaction, group members gradually figure out their individual norms. If the norms turn out to be sufficiently similar, the process of their convergence begins, since the similarity of individual norms causes a feeling of mutual sympathy.

Simultaneously with the process of forming norms, group pressure increases. The group begins to apply negative sanctions against those members who deviate from group norms in their behavior. First, the offender receives indirect signals of disapproval (a cool attitude, sidelong glances, etc.), then they begin to openly express dissatisfaction with him and demand compliance with group rules and traditions. In extreme cases, the offender will no longer be taken into account and will be made an object of ridicule.

When a system of norms has been formed, all aspects of the team’s production life are under the control of the group.

In organized groups, there are specific supervisory roles. In spontaneous groups, some individuals perform this role spontaneously. Most groups have a “censor,” a guardian of norms.

Group norms regarding informal communication usually develop spontaneously. They represent standard rules of behavior that group members adhere to. Conflict, like any relationship between people, is regulated by the norms of social behavior. At the same time, moral, religious, legal, and political norms apply.

Regulatory regulation of conflicts makes the system more stable, determines long-term order, conflict resolution, and thus is an effective means of functioning of developed organizational and economic systems. The use of norms to resolve conflicts has its own characteristics, since they operate in a specific situation, in the process of confrontation between the parties.

The most important factors in conflict resolution are moral standards people's behavior. And this is natural, since almost any conflict in one way or another affects moral ideas about good and evil, right and wrong behavior, justice and injustice, reward and punishment, honor, dignity and decency, etc. In their light, the conflict itself and its participants receive moral assessments that can be ambiguous, and sometimes very different, even opposite.

As a result, the conflict and its causes are often assessed differently not only by its participants, but also by those around them, which, in turn, can expand the scope of the unfolding conflict and cause new clashes. An example is the attitude of the population of some regions to interethnic conflicts, in which one part of the population sees an unacceptable violation of human rights, and the other a legitimate assertion of their national dignity and sovereignty.

Moral standards are usually not written down anywhere and are not clearly formulated at all. Appeal to them in conflict resolution practice is still rare.

The conflict situation can be resolved and religious norms. This is especially typical for those religions, for example Islam, in which religious rules extend, in addition to church relations, to a wide area of ​​civil life - marriage, family, education, etc. The conflict can also be of an interreligious nature (for example, relations between Orthodox and Catholics, Islamists and Christians ). In this case, conflict regulation becomes significantly more difficult, since compliance with religious norms in themselves becomes insufficient.

Important for conflict management are normsgrass. Unlike moral and religious norms, legal norms are unambiguous, enshrined in laws and other acts, and sanctioned by the state. The legal assessment of the preconditions and the conflict itself is of an official nature and cannot be changed under the pressure of one of the parties or public sentiments and preferences. This also applies to conflicts governed by international law.

Legal, like any other social norm, has several channels of influence on people’s behavior:

informational impact - the norm offers the individual options for behavior approved by the state, warns about the consequences of a particular action;

value impact - the norm declares values ​​recognized by society and the state;

coercive influence - a norm has the power of coercion against those who ignore its requirements. When a norm is violated, legal mechanisms come into play and institutions and officials involved in the application of law begin to function.

Political norms have no legal nature. This or that conflict, including an international one, can or should be resolved by peaceful political means: through negotiations, mutual concessions and other actions, including those not legally formalized. There are norms of behavior for political parties, movements and other public organizations. This type of norm also includes oral agreements between heads of state.

Various types of rules developed to regulate also have a normative nature. various kinds relationships. For example, in sports there are rules for holding various competitions. Some of the competitions and games are close in form to real conflicts, being their original imitations, artificially created and generally recognized (boxing, chess, football, etc.). Participation in these “conflicts” itself is a pleasure for the parties and the fans. But the rules for conducting them must be strictly observed in order to prevent actual conflicts.

In a number of Western countries, in order to prevent conflicts, it is common to include special clauses in contracts that provide for the procedure for resolving emerging disputes. Thus, the American Association of Judges recommends that when preparing any business contract, provide for: a written exchange of opinions in the event of a disagreement; from the very beginning of a disagreement, it is advisable to involve an assistant or consultant; use of any attempts at reconciliation; ensuring a sufficiently high level of persons conducting negotiations: establishing the stages of negotiations, and in case of failure of negotiations, determining an arbitrator, as well as a judicial or other procedure for considering the dispute. Undoubtedly, such measures prevent spontaneous conflict and keep the parties from ill-considered actions.

The influence of a norm on the behavior of participants in a conflict can be examined using the example of a legal norm, the mechanism of action of which is well known. It is implemented through several channels.

This is, firstly, an informational impact: a norm offers an individual (social group) options for behavior approved by the state, and warns about the consequences of a particular action. Secondly, the norm has a value impact, since it declares values ​​recognized by society and the state. Thirdly, a legal norm has coercive force against those who ignore its requirements.

Law influences the causes of the conflict, its occurrence (conflict situation), development and resolution, as well as the consequences, their impact on the participants in the conflict.

The causes of the conflict are amenable to normative regulation both from the motivation of the conflict and from the point of view of the influence on the objective circumstances that contribute to its emergence.

There is always a legal way to resolve almost any conflict (for example, going to court). But in many cases, conflicting parties seek to avoid court or the intervention of other mediators, preferring to resolve the conflict on their own and, naturally, in their favor. At the same time, when entering into personal relationships, people must take into account the conventions and rules of behavior accepted in a particular environment.

The results of the conflict are subject to legal assessment in cases where, during the actual resolution of the conflict, one or another party suffered or public or state interests were violated. If A, while extorting a bonus, nevertheless achieved that B signed an order for his bonus, although there was no basis for this, such an order is, in principle, subject to cancellation.

Legal ways of preventing conflict, despite their importance, are sometimes fraught with new conflicts. It is advisable to use such methods of preventing them as mutual understanding, negotiations, normal treatment in areas such as family, neighborhood, environment, social protection. Increasingly, not lawyers, but mediators, consultants, and psychologists are involved in resolving disputes.

It is important to rely on a documentary basis when preventing and resolving conflicts. For these purposes, documents are used that record the causes of the conflict situation, the positions of the parties involved in the conflict, the dynamics of the conflict, the passage of conciliation procedures, appeal to arbitration and court. IN Appendix 2 Samples of such documents are provided.

Test questions for Chapter 3

What is the role ethical standards organization as a regulator of relationships in the team?

Name the factors that influence the authority of a leader.

List the rules that a leader must adhere to when communicating with people.

What is a collective, a person, an individual?

Reveal the essence of the economic and social functions of the production team.

Reveal the content of the stages of the process of team formation and development.

What is the moral and psychological climate of the team?

Describe the essence of the methodology for assessing the psychological atmosphere and interpersonal relationships in the team of F. Fiedler.

Name ways to regulate interpersonal relationships in a team.

Name the general management functions performed by the manager in his activities.

What are the requirements for a leader in terms of his knowledge of psychology?

What business ethics tools should a manager possess?

Name character traits“difficult” leaders and the main reasons for their manifestation.

What is the relationship between the ethical rules of relationships with a “difficult” leader and the rules for criticizing her perception?

Reveal organizational management issues that help normalize relations with the manager. What is the technique personal work when interacting with a “difficult” leader?

Explain the essence of the concept of “conflict”.

Name the reasons for conflict situations in an organization and methods for overcoming them.

List the rules to prevent conflicts.

Expand the role of norms of social behavior in resolving controversial issues, conflict situations.

Practice assignments for Chapter 3

Task 3.1

TEST “ASSESSMENT OF THE LEVEL OF ORGANIZATION OF MANAGERS”*

* Kazantsev A.K., Podlesnglkh V.I., Serova L.S. Practical management: B business games, economic situations, tasks and tests: Textbook. allowance. M.. 1999. S. 345 - 349.

The proposed test is not only a tool for testing the personal organization of managers or specialists, but also a means that can encourage one to comprehend the secrets of self-organization, to develop organizational skills and organizational culture.

The level of organization is assessed based on the processing of the responses received using a special scoring scale. When answering questions, you should choose only one from a number of proposed answers.

1. Do you have main, main goals in life that you strive to achieve?

a) I have these goals;

b) is it necessary to have any goals? After all, life is changeable;

c) I have main goals, and I subordinate my life to achieving them;

d) I have goals, but my life and activities do not contribute to their achievement.

2. Do you draw up a work plan for the week, using a weekly planner, a special notebook, a time manager, etc.?

c) I can’t say “yes” or “no”, because I mentally outline the main things to do, and at best I outline the plan for the current day on a piece of paper;

d) I tried to make a plan using a weekly planner, but I realized that it didn’t give anything.

3. Do you reprimand yourself for not achieving what you set for the week or day?

a) yes, when I see my guilt, laziness, slowness;

b) yes, despite any objective and subjective obstacles;

c) now everyone scolds each other anyway, why else scold yourself;

d) I adhere to the rule: what I managed to do today is good, if I failed, I will do it, maybe another time.

4. How do you keep your address book with the phone numbers of business people, acquaintances, relatives, friends, etc.?

a) I am the owner of my address book, I keep it as I want, if I need a phone number, I will definitely find it;

b) I change it often notebooks with phone numbers, because I exploit them mercilessly. When dubbing phones, I try to do everything according to “science”, but then I end up making random recordings;

c) I record phone numbers and names in “mood handwriting.” I think that the phone number and last name would be written down, but on what page, in what form - it’s not too important;

d) I use the generally accepted system: in accordance with the alphabet, I write down the last name, phone number, and if necessary, additional information.

5. What are your principles for the placement of things in the workplace?

a) every thing lies where she wants it;

b) each thing has its place;

c) periodically I put things in order, then put things where necessary, so as not to overload my head with “location”. After some time I put things in order again;

d) I think that this issue has nothing to do with self-organization.

6. Can you say at the end of the day where, how much and for what reasons you had to waste time?

b) I can tell you about working hours;

c) if wasted time turned into money, then I would count it;

d) I always present well;

e) I not only imagine, but also know techniques for reducing wasted time.

7. What do you do when a meeting begins to “pour from empty to empty”?

a) I pay attention only to the essential;

b) nothing can be done, this always happens;

c) I plunge into oblivion;

d) minding my own business.

8. Suppose you have to give a report. Will you pay attention not only to the content of the report, but also to its length?

a) I will pay attention only to the content of the report. I think that the duration needs to be determined approximately. If the content is interesting, they will give you extra time;

b) equally.

9. Do you try to use every minute to complete your planned tasks?

a) I try, but it doesn’t always work out (loss of strength, bad mood, etc.);

b) I don’t strive for this;

c) why, because you can’t beat time;

d) I try, no matter what.

10. What form of recording the most important orders, tasks, requests do you use?

a) entry in the diary: what and by when;

b) I record the most important tasks in the diary, I try to remember the little things;

c) I try to remember instructions, as this trains my memory, but my memory often fails me;

d) I adhere to the principle of “reverse memory”: let the one who gives the order remember. If the order is necessary, then they will not forget about it.

11. What is your accuracy in attending business meetings, meetings, meetings?

a) I arrive 5-7 minutes earlier;

b) I arrive on time, at the beginning;

c) as a rule, I am late;

d) I’m always late, although I try to arrive earlier or on time;

e) if they published a manual “How not to be late”, I would learn not to be late;

12. What importance do you attach to the timeliness of completing tasks, instructions, requests?

a) I believe that timely completion is one of the most important indicators of ability to work. However, there are some things I always fail to get done on time;

b) it is better to delay the task a little;

c) I prefer to think less and complete the task on time;

d) diligence is punishable (they will give a new order)

13. Suppose you promised to help another person, but circumstances have changed in such a way that it is difficult to fulfill your promise. What will you do?

a) I will inform you about a change in circumstances and the impossibility of fulfilling a promise;

b) I will try to tell the truth and promise to fulfill it if possible;

c) I will try to fulfill my promise. If I do it, it’s good, if I don’t do it, it’s no problem, I’ll refer to a change in circumstances;

d) I won’t tell you anything, I’ll do it no matter what.

key

scores for answer options

Question numbers	Answer options and scoring them

72-78 points. You are an organized leader. The only advice is not to stop there, develop self-organization.

63-71 points. You consider self-organization an integral part of your self. This gives you an undoubted advantage over people who call on organizations to “take arms” in case of emergency. However, you need to take a closer look at how you organize your personal work.

Less 63 points. Your lifestyle and environment have taught you to be organized in some ways. Organization appears in your actions and then disappears. This is a sign of the absence of a clear system of self-organization. Try to analyze your actions, spending your time, and personal work techniques.

N.V. Plate,
Legal Adviser of OJSC "ALFA-BANK"
(operational office "Saratovsky")

Many employers, especially those involved in the sale of goods and services and production, use a salary-bonus system of remuneration in order to constantly motivate employees. With salary payment as a fixed and permanent part wages no questions arise. But questions arise very often with the calculation and payment of bonuses. At the same time, the questions are quite varied: from the amount of the bonus due, the frequency of its payment to the question of whether the employer has or does not have the obligation to accrue and pay the bonus.

According to the provisions of Article 191 Labor Code RF bonus refers to one of the types of incentives for work used by the employer. In accordance with Article 135 of the Labor Code of the Russian Federation, remuneration systems, including tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal conditions, systems of additional payments and incentive allowances and bonus systems , are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms.

A bonus, unlike punishment (the list of types of punishment is limited by Article 192 of the Labor Code of the Russian Federation), does not have restrictive characteristics. When regulating the issue of bonuses, labor legislation does not establish either maximum or minimum bonus amounts; the frequency of its payment (maximum and minimum) is not indicated; There are no restrictions on positions or specialties for the payment of bonuses. If, when applying disciplinary sanctions, the employer is limited by both the types of penalties and the parameters of compliance of the applied penalty with the offense committed (see the explanations of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as the resolution of the Plenum of the Supreme Court of the Russian Federation No. 2), then the employer has practically a free hand in paying bonuses: he can provide bonuses both at the end of the quarter and at the end of the month, or he can provide for bonuses only at the end of the year; he can provide for bonuses only for business units, bypassing the attention of administrative and service personnel; he can greatly differentiate the size of the bonus, both from the position and from the length of service or other indicators. However, despite such wide opportunities for the employer, legal disputes regarding the payment of bonuses (other incentive allowances) do occur. Moreover, they are not so rare. Let us consider some types of grounds (reasons) for the emergence of disputes regarding the payment of premiums, options for court decisions on such disputes, as well as options for eliminating the prerequisites for the occurrence labor disputes on payment of bonuses, and/or elimination of circumstances that allow the courts to make decisions on disputes not in favor of the employer.

First of all, let’s differentiate the types of bonuses into:

• bonus for production indicators, which is associated with the fulfillment of some planned indicators;
• prize dedicated to certain events: holidays(New Year, February 23, March 8), memorable dates, dates celebrated within the organization (date of opening of a branch, separate division), etc. In the second case, the bonus is awarded in any case, regardless of production indicators.

Basis of dispute

Failure by the employer to pay a bonus, the amount, terms of accrual and frequency of payment of which are provided for in the employment contract.

Court position

Option 1: if, in accordance with the employment contract, the payment of a bonus is mandatory upon achieving certain results/indicators, the employer is obliged to pay it to the employee.

Option 2: if, in accordance with the employment contract, the bonus is paid not depending on performance, but in accordance with some event (February 23, March 8, etc.), the employer was obliged to pay it.

• in employment contracts, provide only references to the collective agreement, a local act establishing bonuses for employees. It would be quite successful to have the following wording in an employment contract: “The employer, in cases and in the manner established by the legislation of the Russian Federation, the Regulations on remuneration of workers, and the Regulations on bonuses for employees, may make additional payments of a compensatory and incentive nature, including bonus payments, as well as other payments provided for by the employer’s local regulations. In this case, payments are made using the regional coefficient and a percentage premium...”;

• in a collective agreement or local act of an organization, use streamlined language that allows, under certain conditions, without changing the provisions of this act, not to award bonuses.

An example from judicial practice

The Judicial Collegium for Civil Cases of the Volgograd Regional Court, by a ruling dated September 17, 2009 in case No. 33-9218/2009*, upheld the decision of the Dzerzhinsky District Court of Volgograd dated May 27, 2009 on the collection of debt from the Volgograd City Public Football Organization in favor of K. bonus in the amount of 280,000 rubles, monetary compensation for delay in payment of bonuses in the amount of 12,537 rubles 78 kopecks, compensation for moral damage in the amount of 3,000 rubles. In satisfying the claims, the court motivated the conclusions as follows. According to paragraph 7 of the employment contract dated April 15, 2008, concluded between K. and the city public football organization, the plaintiff is paid a bonus in the amount of 20,000 rubles by the defendant for each victory in the Russian championship of the second division. In violation of the terms of the employment contract, upon dismissal, the plaintiff was not paid a bonus for fourteen victories in matches of the Russian second division championship. The facts of victories are certified by the protocols of the Russian Football Championship. The court came to a reasonable conclusion that the terms of the employment contract were violated by the defendant and made the above decision.

* Volgograd Regional Court [Electron. resource]. Access mode: http://obkud.vol.sudrf.ru, free.

Basis of dispute

Non-payment of bonus due to the dismissal of an employee.

Court position

Failure to pay a bonus to an employee for the past period for which the bonus is accrued, in connection with his dismissal, violates the rights of the employee. Such non-payment is possible only when accruing not a bonus for production performance, but a bonus dedicated to a memorable date, if this date comes later in the day dismissals.

How to avoid a controversial situation in the cases considered:

• make payments due to the employee in connection with his dismissal on the day of dismissal, as required by Article 140 of the Labor Code of the Russian Federation.

An example from judicial practice

The Judicial Collegium for Civil Cases of the Krasnoyarsk Regional Court** decision of the Central District Court of Krasnoyarsk dated December 3, 2009 on the refusal of V. to satisfy the claims against the Office of the Judicial Department in the Krasnoyarsk Territory for the recovery of bonuses and compensation for moral damages was canceled, the case was sent for a new trial . The decision of the lower court was canceled due to incomplete clarification by the court of legally significant circumstances, the case was sent for a new trial. The conclusion of the court of first instance that bonuses based on the results of work for the quarter are not unconditional, are paid if there are savings in the wage fund and only to those employees who are engaged in particularly important and complex tasks, and the chairman of the court had the right to independently assess the personal contribution of each civil servant and decide not to pay V. a quarterly bonus, was recognized by the judicial panel as erroneous.

** Krasnoyarsk Regional Court [Electronic. resource]. / Review of cassation and supervisory practice of the judicial collegium on civil cases of the Krasnoyarsk Regional Court for the first quarter of 2010. Access mode: http://kraevoy.krk. i sudrf.ru/modules.php?name=docum_sud&rid=4, free.

In accordance with Part 3 of Article 37 of the Constitution of the Russian Federation and Article 3 of the Labor Code of the Russian Federation, everyone has equal opportunities to realize their labor rights. Any kind of discrimination is not allowed when establishing wage conditions (part two of Article 132 of the Labor Code of the Russian Federation). The plaintiff actually worked the period for which bonuses were awarded to other employees. The defendant did not present any evidence indicating the absence of her personal contribution to the performance of the work, dishonesty or ineffectiveness in performing official tasks.

Basis of dispute

Non-payment of a bonus due to the employee’s failure to work the established amount of working time during the reporting period (for example, when paying a bonus based on the results of work for the quarter, the employee was disabled for two weeks out of the specified period or was on vacation).

Court position

Option 1: if bonuses are paid based on the results of production activities, the achievement of certain results/indicators, non-awarding of bonuses can only occur if a local act, collective agreement, or employment contract directly provides for a reduction in the amount of the bonus in proportion to the time the employee is absent in reporting period. However, non-payment of the bonus is only possible if the employee was absent from work for the entire reporting period for which the bonus is calculated.

Option 2: if bonuses are paid regardless of production indicators (for example, for holidays or memorable dates, professional holidays), non-payment of bonuses is illegal, since its accrual and payment is not made dependent on the employee’s working time for certain periods.

How to avoid a controversial situation in the cases considered:

Provide in the collective agreement, local act of the organization, and in other acts regulating the procedure for accrual and payment of bonuses, clear parameters under which a bonus is accrued or not accrued. A good example is the order of Rosleskhoz dated December 21, 2009 No. 524 “On approval of lists of target performance indicators and criteria for assessing the performance of federal agencies subordinate to Rosleskhoz.” government agencies, indicators, conditions and procedure for bonuses for their managers”, which in paragraph 8 provided that “... the bonus is awarded for the time actually worked, which does not include:

• stay in the next main or additional leave;
• time of incapacity."

An example from judicial practice

The Judicial Collegium for Civil Cases of the Ulyanovsk Regional Court, by its ruling dated 12/07/2010 in case No. 33-4298/2010*, the decision of the Zavolzhsky District Court of the city of Ulyanovsk dated 10/27/2010 on partial satisfaction of S.’s claims against the LLC, was left unchanged. With regard to the demands for the recovery of bonuses for the disputed period, the court, refusing to satisfy them, came to the conclusion that the deprivation of the plaintiff’s bonus does not indicate the application of disciplinary punishment to her. S.’s employment contract establishes a salary of 90 rubles. for 1 hour + + bonus - 50 percent of the accrued wages, it also states that wages consist of the official salary and a bonus, which is approved by the general director. By virtue of clause 4.1. Regulations on bonuses and material incentives for LLC employees; deprivation of an employee's bonus in whole or in part is carried out on the basis of an order (instruction) of the general director (deputy director). As the court found, clause 4.2.1 of the Regulations on Bonuses and Material Incentives for LLC Employees, the basis for depriving an employee of a bonus is being on sick leave for more than 2/3 of the current month (20 days). During the disputed period, S. was on sick leave several times, and the last time on maternity leave, that is, more than 2/3 for several months in a row. In connection with the above, the court did not see any grounds for recognizing the orders not to accrue bonuses to the plaintiff as illegal, and therefore, did not find any grounds for additional wages for the disputed period.

* Ulyanovsk regional court [Electronic. resource]. Access mode: http://uloblsud.ru/index. php?option=com_content&task=view&id=192&I temid=170&idCard=22336, free.

Basis of dispute

Deprivation of bonuses for disciplinary violation.

Court position

Deprivation of bonuses as a punishment for a disciplinary violation is clearly perceived by both the labor inspectorate and the court as a violation of labor legislation by the employer.

How to avoid a controversial situation in the cases considered:

1) in the provisions of the collective agreement, local acts of the organization, and in employment contracts, use laconic wording. The norm of a local act, which provides for the employer’s right to reduce the size of the bonus down to zero for failure to achieve certain indicators or the presence of outstanding disciplinary sanctions in the reporting period, will have a much more flexible position than the word “depreciation.” As an example, we can cite the same order of Rosleskhoz dated December 21, 2009 No. 524 “On approval of lists of target performance indicators and criteria for assessing the performance of federal state institutions subordinate to Rosleskhoz, indicators, conditions and bonus procedures for their managers,” which established in paragraph 6 the provisions that , that “...the bonus to the head of the Institution may be reduced or not paid in full in the event of:

• violations of financial and tax discipline, violations during procurement for the needs of the Institution;
• violations of labor and performance discipline;

For misuse of funds federal budget established based on the results of inspections by regulatory authorities, the head of the Institution is deprived of the bonus completely.”;

2) do not use the word “deduction of bonuses” as a kind of fine in the collective agreement, acts regulating the procedure for bonuses. Article 192 of the Labor Code of the Russian Federation contains a complete list of disciplinary sanctions provided for by the Labor Code of the Russian Federation. Others disciplinary action can only be provided for by the acts specified in the same article, for example, statutes on discipline. But the concept of “depreciation” does not appear in these documents either.

An example from judicial practice

Example 1
Langepass City Court of Khanty-Mansiysk Autonomous Okrug— Yugra of the Tyumen region, having considered in open court appeal K., in response to the decision of the magistrate in K.’s claim against LLC for the cancellation of the order of disciplinary punishment and recovery of the unpaid bonus*, established the following.

* Sverdlovsk regional public organization “Consultative Council of Regional Trade Union Associations” [Electron. resource]. Access mode: http://www. uraltradeunion.ru/sudpraktika/disciplina/apelliacionnoe_resenie_keibach.html, free.

By order of the LLC dated May 15, 2006 No. 444, K. was reprimanded for violating labor discipline, and K. was not nominated for a bonus based on the results of his work for the month. By the decision of the magistrate, K.’s claims were denied. Court of Appeal By decision of October 3, 2006, this decision was partially canceled. However, the decision of the court of first instance regarding the refusal of K. to satisfy the claims against the LLC to cancel the order of May 15, 2006 No. 444 “On punishment” in terms of his deprivation of bonuses and the recovery of the withheld bonus from the defendant in his favor was upheld. Having studied the materials of the case and the internal local acts of the defendant, the court came to the conclusion that the deprivation of the plaintiff’s bonus was not a disciplinary punishment, as the plaintiff claimed. The non-awarding of bonuses is provided for by the System Regulations on the payment of bonuses to employees of LLC production personnel for violations in the form of non-compliance with requirements and rules on labor protection and safety and other types of violations.