Interpersonal relationships, like everything in nature, require constant interest and prevention. Without attention to the critical points of these relationships, interpersonal connections can be disrupted and turn into conflict.
Conflicts that arise for any reason are especially acute if the parties do not know basic psychological knowledge and neglect the great art of communication.
Is it possible to turn conflict into cooperation, mistrust into trust, and alienation into productive human contact?
Human nature makes us strive for contact, to communicate with other people. Lack of interaction and unresolved interpersonal conflicts cause unnecessary suffering and force unproductive use of the vital energy of people and the resources of organizations.
Interpersonal differences can be successfully resolved. What's stopping you?
Psychologists have identified many obstacles that impair our ability to overcome disagreements in long-term interdependent relationships, which can lead to escalation of conflict and even breakup or dismissal from work. And in family matters, to divorce.
Why do people exaggerate difficulties, why do they not see the opportunity to get around the stumbling block?
There are no hopeless situations. If there is an entrance, then there is definitely an exit. Even in cases where interests seem incompatible.
English psychologist Daniel Dan suggested 4 Step Method improving relationships. This method is based on the implementation of two mandatory rules:
- You should not interrupt communication due to frustration or feelings of hopelessness.
- Coercion, threats or physical force must not be used.
Step 1: Find time to talk.
Remember that “withdrawal from communication” is a “false reflex.” The fear of conversation is so great that it is less dangerous for a person to escape behind an impenetrable wall of silence. Only conversation can resolve the conflict. Mandatory rules in dialogue are: listen to each other, do not interrupt communication; do not use Power games (boss - subordinate).
Step 2. Preparing the conditions for the conversation.
The conditions are to determine the time and place in which the dialogue takes place. In the introductory part, it is necessary to express gratitude for the willingness to meet and discuss the issue, and express optimism for the possibility of finding a mutual solution. Next remember mandatory rules(listen to each other, do not interrupt the conversation and do not use “power games”) and formulate a question.
During the dialogue, everyone should have the opportunity to express their opinions, feelings, views, judgments on controversial issues. In most cases, a certain agreement can be reached after a single dialogue. The parties are ready to discuss the problem.
Step 3. Discussion of the problem.
To discuss a problem, you need to have certain skills. The main components of the process verbal communication are the ability to listen and the ability to speak. The ability to listen and hear is a more noble and difficult component. Listening shows our openness to what the Other is saying. There are techniques that show the listener’s receptivity in dialogue:
- Maintain eye contact.
- Continuity of speech.
- Lack of advice.
- Summarizing what you heard.
Irreconcilable enemies don't listen.
As a result of the dialogue, the interlocutors can hear that they both value the existing relationship, learn about the requirements and desires of the other, and may discover that many assumptions and ideas about what he thought and felt are incorrect and are the fruit of fear and imagination. This will help increase the mutual willingness to compromise in order to maintain rapport and interaction.
Thus, maintaining a dialogue when discussing a problem allows you to listen, defend your interests and find mutually beneficial solutions.
Step 4. Conclusion of an agreement.
Shifting the position from “me against you” to “we against the problem” opens up possible ways bypassing the “Stumbling Stone”. The rivals are already ready to join forces to jointly find a better way.
4 Step Method helps move from conflict to cooperation, from tension to harmony.
To resolve a conflict, it is necessary that at least one of the participants show a desire for compromise, agreement, reconciliation, and an end to the struggle.
How does each of Daniel Dan's Steps contribute to transforming conflict into cooperation?
Finding time to talk provides an opportunity for communication - the most basic and essential requirement for establishing peaceful relationships, establishing an atmosphere of optimism and mutual trust and creating hope for peaceful resolution conflict.
In legislative practice, there are often cases when the Federation Council does not approve the adopted State Duma a law or a law adopted by the State Duma and approved by the Federation Council is rejected by the head of state. The conflict that arises in this way requires its resolution. In the legislative process, there are optional, or additional, stages associated with overcoming problems that have arisen between the chambers. Federal Assembly, as well as between the chambers and the President of the Russian Federation, disagreements on the adopted federal law. At this stage, specific constitutional means of resolving the dispute that have arisen are used - conciliation procedures.
In particular, if the Federation Council rejects a federal law, the chambers can create a conciliation commission to overcome the disagreements that have arisen, after which the law is subject to re-examination by the State Duma. If, when reconsidering a federal law rejected by the Federation Council, the State Duma does not accept the proposal of the conciliation commission and expresses its disagreement with the decision of the Federation Council to reject the law, it is put to a vote in the previously adopted wording. In this case, it is considered adopted if at least 2/3 of the total number of deputies of the State Duma voted for it (Article 105 of the Constitution of the Russian Federation).
As noted, the approved federal law is sent to the President within 5 days for signing and promulgation. The Constitution and regulations provide for the procedure (procedures) for the chambers to consider a law in respect of which the President has applied the right of veto.
The regulations of the chambers of the Federal Assembly stipulate that the State Duma and the Federation Council again consider this law, but as a matter of priority. In this case, options are possible. Firstly, the rejected law is considered by each of the chambers and adopted by them by a majority vote, taking into account the comments of the President or in the wording proposed by the President. Secondly, the State Duma may agree with the reasons for the President’s decision and withdraw the federal law from further consideration. Thirdly, according to Art. 133 of the Rules of the State Duma, the chamber may create a special commission to overcome disagreements that have arisen and invite the President and the Federation Council (if necessary) to send their representatives to work on it. The second option involves overcoming the President's veto, i.e. rejection of the President's comments on the law. If a federal law is approved upon re-examination in a previously adopted version by a majority of at least 2/3 votes of the total number of members of the Federation Council and deputies of the State Duma, it is subject to mandatory signing by the President within 7 days Russian Federation and publication (Article 107 of the Constitution of the Russian Federation).
In both cases of a law-making conflict, a conciliation commission is created. Thus, in the event of a dispute between chambers, such a commission is formed on a parity basis on the initiative of the chambers of the Federal Assembly themselves, as well as (as is practiced) the President of the Russian Federation and the subject of the right of legislative initiative from among the deputies of the State Duma and members of the Federation Council. The purpose of the commission is to develop a single agreed text of the federal law rejected by the upper house. At the same time, the conciliation commission considers only those provisions of the federal law on which disagreements have arisen between the chambers, and pursues the goal of developing a single text of the law. The commission's decisions are made by separate and open voting by representatives of each chamber. The decision is considered adopted if a majority of the commission members vote for it.
The State Duma discusses the results of the work of the conciliation commission and makes a decision by a simple majority of votes on each of its proposals. The decision is formalized in a protocol - a final document containing proposals for overcoming disagreements between the chambers. The protocol records: 1) proposals for overcoming disagreements and 2) justifications for the impossibility of overcoming disagreements that have arisen by this composition of the conciliation commission. In addition to the protocol, based on the results of its work, the conciliation commission draws up a comparative table of the articles of the law to which changes have been made. The protocol and table are signed by the co-chairs of the commission from each chamber. These documents and the federal law as amended by the conciliation commission with an opinion on it Legal Department submitted for consideration to the Council of the State Duma to determine the date for re-examination of the federal law. The amended version of the adopted federal law is sent to the Federation Council within 5 days. If the State Duma does not adopt the law as worded by the conciliation commission and has expressed its disagreement with the decision of the Federation Council to reject the law it adopted, it is put to a vote in the previously adopted wording. If at least 2/3 of the total number of deputies votes for this law, it is considered adopted. In this case, the Chairman of the State Duma sends this law for signing and promulgation within 5 days (at the same time notifying the Chairman of the Federation Council about this).
To eliminate disagreements that arose in connection with the veto used by the President of the Russian Federation regarding the adopted federal law, a tripartite conciliation commission is created, the main task of which is to develop a legislative solution acceptable to the chambers of the Federal Assembly and the head of state.
A federal law, after being rejected by the Federation Council, goes to the Council of the State Duma, and then to the responsible Duma committee, which, based on the results of consideration, may, in accordance with Art. 127 of the Rules of the State Duma, recommend to the chamber one of the following decisions:
- a) create a conciliation commission to overcome the disagreements that have arisen;
- b) adopt a federal law in the version previously adopted by the State Duma;
- c) withdraw the federal law from re-consideration by the State Duma.
To overcome disagreements that have arisen regarding a federal law adopted by the State Duma and rejected by the Federation Council, a conciliation commission can be created on a parity basis.
According to Art. 111 of the Rules of the Federation Council, the conciliation commission is created both on the initiative of the Federation Council, supported by the State Duma, and on the initiative of the State Duma, supported by the second chamber.
The resolution of one of the chambers on the creation of a conciliation commission is sent to the other chamber, and if it is necessary for representatives of the President and the Government to participate in the work of the commission, to these bodies.
Deputies who are not members of the conciliation commission have the right to attend its meetings with the right of an advisory vote. In addition, the commission has the right, if necessary, to involve employees of the Legal Department and other divisions of the State Duma and the Federation Council, to invite scientists and specialists as experts to assist in the development of a unified text of the federal law.
The commission considers each objection of the Federation Council separately, trying to develop a single text of the law under discussion. In accordance with Art. 129 of the State Duma Rules, it may decide to change the wording of individual articles in respect of which there were no objections upper house, if such a change is due to a new version of the law.
It should be noted that decisions of the conciliation commission are made by separate voting of the deputations of the State Duma and the Federation Council. A decision is considered adopted if a majority of members of each delegation vote for it. It is adopted by open vote, but the conciliation commission may establish a different voting procedure.
All meetings of the conciliation commission are recorded in shorthand. Based on the results of the meeting, the conciliation commission draws up a protocol and a comparative table of the articles of law to which changes are made. The opinions of the representative of the President and the representative of the Government of Russia participating in the meeting of the conciliation commission with the right to an advisory vote are recorded in the minutes separately for each decision made by the commission. After this, all the above documents, together with the protocol of the conciliation commission, which records proposals to overcome the disagreements that have arisen or justifies the impossibility of overcoming disagreements, are transferred by this composition of the conciliation commission to the chambers for consideration at the next meetings. 1
When reconsidering a federal law by the State Duma, only proposals contained in the protocol of the conciliation commission are discussed. The State Duma is not considering any additional amendments.
If at least one proposal of the conciliation commission is rejected, the State Duma may invite this commission to continue its work, taking into account the amendments approved by the chamber, for the conciliation commission to submit new proposals.
If the State Duma adopts the law as amended by the conciliation commission, it is sent for consideration by the Federation Council within five days.
If the State Duma, upon re-examination, did not accept the law under discussion as amended by the conciliation commission and expressed its disagreement with the decision of the Federation Council to reject it, then the federal law is considered adopted if at least two-thirds of the total number of deputies of the State Duma vote for it. A federal law adopted in this manner is sent within five days to the President of Russia for signing and promulgation. The Chairman of the State Duma notifies the Chairman of the Federation Council about this. 1
If, when voting in the State Duma in accordance with Art. 132 of the Regulations, the proposal to adopt a law rejected by the Federation Council did not receive the required number of votes, then the law under consideration is considered not adopted. If the protocol of the conciliation commission contains a justification for the impossibility of overcoming disagreements by this composition of the commission, then in accordance with Art. 115 of the Rules of the Federation Council, when considering it at a meeting of the Federation Council, the chamber has the right to make one of the following decisions:
- a) change the proposals of the Federation Council on the wording of certain provisions of the federal law under discussion;
- b) change the composition of the delegation from the Federation Council in the conciliation commission;
- c) refuse to participate in the work of the conciliation commission.
The decision adopted by the chamber is formalized by a resolution, which must be sent to the State Duma within five days after its adoption.
Article 111. Conciliation commission
1. To overcome disagreements that have arisen in connection with the rejection by the Federation Council of a federal law adopted by the State Duma, a conciliation commission may be created.
2. The conciliation commission is created both on the initiative of the Federation Council, supported by the State Duma, and on the initiative of the State Duma, supported by the Federation Council.
3. If the Federation Council, when rejecting a federal law, did not approach the State Duma with a proposal to create a conciliation commission, and the State Duma, in turn, approached the Federation Council with a proposal to create a conciliation commission to overcome the disagreements that arose under this federal law, this initiative The State Duma is subject to mandatory consideration at the next meeting of the Federation Council.
4. The decision to create a conciliation commission, to elect members of the conciliation commission and its co-chairman from the Federation Council is adopted at a meeting of the chamber by a majority vote of the total number of members of the Federation Council and is formalized by a resolution of the Federation Council (edited) Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated July 9, 2014 No. 356-SF) .
5. The conciliation commission is created on a parity basis from members of the Federation Council and deputies of the State Duma in the manner established by these Rules of Procedure and the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation. The conciliation commission ceases its activities after the Federation Council makes a decision to approve or reject the federal law on which it was created to overcome the disagreements that have arisen.
6. If the Federation Council rejects the State Duma’s initiative to create a conciliation commission, the federal law is considered rejected by the Federation Council as a whole.
Article 112. Deputation from the Federation Council in the conciliation commission
1. Members of the conciliation commission and its co-chairman from the Federation Council are elected by the Federation Council in the number of at least three members of the Federation Council and form a delegation from the Federation Council to the conciliation commission.
2. Only a member of the Federation Council can be a member of the conciliation commission from the Federation Council.
3. (Part 3 excluded due to Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated July 9, 2014 No. 356-SF) .
4. The resolution of the Federation Council on the election of members of the conciliation commission and its co-chairman from the Federation Council is sent to the State Duma within five days from the date of its adoption.
5. In the event of termination (early termination) of the powers of a member of the Federation Council who is a member of the conciliation commission, he is removed from its composition without the Federation Council adopting a special decision. Instead of a retired member of the conciliation commission, the Federation Council elects a new member of the conciliation commission in the manner established by parts 2–4 of this article.
6. Co-chairman of the conciliation commission from the Federation Council:
makes, together with the co-chairman of the conciliation commission from the State Duma, a decision on the time and place of meetings of the conciliation commission;
makes proposals to the Federation Council on changing the composition of the delegation from the Federation Council in the conciliation commission, on the refusal of the Federation Council to participate in the work of the conciliation commission;
signs, together with the co-chairman of the conciliation commission from the State Duma, a protocol and a comparative table of articles of the federal law to which changes have been made;
has the right to present at a meeting of the Federation Council a federal law adopted by the State Duma as amended by the conciliation commission.
(Part 6 was introduced in accordance with Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated February 6, 2013 No. 19-SF.)
Article 113. Procedure for the work of the delegation from the Federation Council in the conciliation commission
1. A member of the conciliation commission from the Federation Council is obliged to attend its meetings and inform in advance the co-chair of the conciliation commission from the Federation Council about the impossibility of his presence at the meeting for a valid reason.
2. In exceptional cases, a member of the conciliation commission from the Federation Council may, if he has a power of attorney drawn up in accordance with the appendix to these Regulations, transfer the right to vote on all issues considered by the conciliation commission to another member of the conciliation commission from the Federation Council. Each member of the conciliation commission may be given no more than one power of attorney (as amended by Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated February 9, 2005 No. 20-SF).
3. Members of the Federation Council who are not members of the conciliation commission have the right to attend its meetings and express their opinions on the substance of the issues discussed.
4. Ensuring the activities of the deputation from the Federation Council in the conciliation commission is carried out by the apparatus of the committees of the Federation Council that prepared conclusions on the federal law adopted by the State Duma and rejected by the Federation Council, as well as other structural divisions The apparatus of the Federation Council within their competence (as amended by Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated December 27, 2011 No. 568-SF).
Article 114. Procedure for the work of the conciliation commission
1. The conciliation commission considers only those provisions of the federal law on which disagreements have arisen between the Federation Council and the State Duma, seeking to develop agreed proposals in the form of a single text of the relevant sections, chapters, articles, as well as parts, paragraphs of articles and other structural units of the federal law under consideration .
2. Decisions of the conciliation commission are made by separate voting of deputations from the Federation Council and the State Duma. The delegation from the Federation Council in the conciliation commission makes decisions by open voting by a majority vote of the total number of members of the delegation.
The decision is considered adopted if both deputations vote for its adoption.
3. When making a decision, the delegation from the Federation Council in the conciliation commission has the right to vote for proposals for the wording of the relevant sections, chapters, articles, as well as parts, paragraphs of articles and other structural units of the federal law under consideration, different from the proposals of the Federation Council.
4. Based on the results of the work, the conciliation commission draws up a protocol that records proposals for overcoming disagreements that have arisen or justifies the impossibility of overcoming them by this composition of the conciliation commission, and a comparative table of articles of the federal law to which changes have been made. The protocol of the conciliation commission is drawn up in two copies, each of which has equal legal force and is submitted to the Federation Council and the State Duma, respectively.
Article 115. Consideration of the protocol of the conciliation commission by the Federation Council
1. If the State Duma, after considering the protocol of the conciliation commission, rejects one or more proposals of the conciliation commission and invites the Federation Council to continue the work of the conciliation commission, the Federation Council has the right to decide to extend the work period of the conciliation commission or refuse to participate in its work.
2. If the protocol of the conciliation commission contains a justification for the impossibility of overcoming the disagreements that have arisen by this composition of the conciliation commission, it is submitted to the Federation Council and the State Duma for consideration.
3. The protocol of the conciliation commission, containing the justification for the impossibility of resolving the disagreements that have arisen under the federal law, is considered at the next meeting of the Federation Council. The Federation Council has the right to make one of the following decisions:
a) change the proposals of the Federation Council on the wording of certain provisions of the federal law;
b) change the composition of the delegation from the Federation Council in the conciliation commission;
c) refuse to participate in the work of the conciliation commission.
4. The adopted decision is formalized by a resolution of the Federation Council, which is sent to the State Duma within five days from the date of its adoption.
If a federal law is rejected by the Federation Council, it is sent by the Council of the State Duma to the responsible committee of the chamber, which considers the objections of the Federation Council, gives an opinion on them and submits its proposals to overcome the disagreements that have arisen for consideration by the chamber.
Based on the results of consideration of the bill, the responsible committee may recommend that the State Duma create a conciliation commission to overcome the disagreements that have arisen; adopt a federal law in the version previously adopted by the State Duma; withdraw the federal law from re-consideration by the State Duma.
To overcome disagreements that have arisen regarding a federal law adopted by the State Duma and rejected by the Federation Council, a conciliation commission may be formed. It is created both on the initiative of the Federation Council, supported by the State Duma, and on the initiative of the State Duma, supported by the Federation Council.
Members of the conciliation commission from the Federation Council are elected by it and form a delegation from the Federation Council to the conciliation commission. Those members of the Federation Council who received the largest number of votes out of all candidates proposed at a meeting of the chamber, but not less than half of the number of members of the Federation Council present at the meeting, are considered elected.
The decision to elect State Duma deputies to the conciliation commission is made at a meeting of the chamber by a majority vote of the total number of deputies. 13
The conciliation commission considers each objection of the Federation Council separately, trying to develop a single text of the relevant federal law. Commission decisions are made by separate voting of commission members from each chamber. The commission makes a decision by open vote. A decision is considered adopted if a majority of commission members from each chamber vote for it.
Based on the results of the work, the conciliation commission draws up a protocol and a comparative table of the articles of the law to which changes were made. This table contains suggestions for overcoming disagreement. The protocol of the conciliation commission and the comparative table, as well as the federal law in the wording proposed by the conciliation commission, and the conclusion of the Legal Department of the State Duma Apparatus are submitted by the co-chairman of the conciliation commission from the State Duma for consideration by the Council of the State Duma to determine the date for re-examination of the federal law.
When reconsidering a federal law by the State Duma, only proposals contained in the protocol of the Conciliation Commission are discussed. The State Duma is not considering any amendments that go beyond these proposals.
If at least one proposal of the conciliation commission is rejected, the State Duma may propose to continue its work, taking into account the amendments approved by the chamber, for the commission to present new proposals. The Federation Council has the right to decide to extend the work period of the conciliation commission or to refuse to participate in its work. The State Duma makes a decision on the proposal of the conciliation commission by a majority vote of the total number of deputies of the chamber. The federal law, as amended, taking into account the proposals of the conciliation commission, which were approved by the State Duma, is sent to the Federation Council within five days with the necessary materials attached.
If, during the re-examination of a federal law rejected by the Federation Council, the State Duma did not accept the proposals of the conciliation commission and expressed its disagreement with the decision of the Federation Council to reject the law, it is put to a vote in the previously adopted wording. In this case, the Federal Law is considered adopted if at least two-thirds of the total number of deputies of the State Duma vote for it.
A federal law adopted in this manner is sent to the President of the Russian Federation for signing and promulgation within five days. The Chairman of the State Duma notifies the Chairman of the Federation Council about sending this law to the President of the Russian Federation. 14
Consequently, this stage allows the settlement of relations between the two chambers.