| NATIONAL ASSOCIATION OF ADMINISTRATIVE LAW JUDICIARY |
Managing Difficult Parties
Content Created: Professor Saralinda Kiser
Conflict and water: found almost everywhere, essential for growth, and frequently powerfully destructive.
Conflict occurs when the implementation of an individual or group choice opposes the realization and fulfillment of the interests of the individual or others (Lauring et al., 2017)
Conflict arises when one person’s choices interfere with another’s interests.
It appears in relational, task-based, and process-based forms.
Missing or unclear information
Ambiguous roles
Limited resources
Power imbalances
Stressful environments
Personality clashes
Professionals aim for efficiency and fairness.
Parties often want to win and be heard.
Competing (win/lose)
Avoiding (deny conflict)
Accommodating (give in)
Compromising (each gives a little)
Collaborating (everyone wins)
Integrative: prosocial, solution-oriented
Distributive: self-focused, controlling
People choose tactics based on desired outcomes, perceived risks, and whether they think the conflict is solvable.
Traits are stable patterns of behavior.
States are momentary reactions.
High sensitivity
Competitiveness
Lack of skills or information
Fear, intimidation, frustration, or crisis
Narcissistic Personality Disorder: inflated self-importance, hypersensitivity, blame-shifting, lack of empathy.
Borderline Personality Disorder: fear of abandonment, unstable relationships, impulsivity, intense emotions.
Depression, anxiety, bipolar disorder—can influence conflict expression.
Strong attachment to conflict
Blaming others
All‑or‑nothing thinking
Intense emotions
Extreme or threatening behavior
Persistent negative thinking that intensifies conflict and increases use of aggressive tactics.
Burnout
Noncompliance
Emotional exhaustion
Reputation attacks
Difficulty achieving closure
High‑conflict individuals may not behave “normally.”
They may feel threatened, be emotionally dysregulated, or operate from a distorted reality.
Manipulation or triangulation
Blame cycles
Boundary violations
Charm‑then‑blame patterns
Emotional hooks (fear, defensiveness, empathy exploitation)
Don’t take behavior personally.
Engage them in tasks or solutions.
Detach and observe.
Accept that you cannot “fix” their behavior.
Know your boundaries.
Focus on reasonable outcomes.
Repeat internally: “It’s not about me.”
Use BIFF: Brief, Informative, Friendly, Firm.
Model calm, matter‑of‑fact behavior.
Focus on future outcomes, not past behavior.
Use noncommittal but respectful language.
Allow them to preserve a sense of control.
Listen actively.
Reduce perceived threat.
Give time for emotions to settle.
Explain rules and why they must be followed.
Slow down, breathe, lower your volume.
Take breaks or end the encounter if needed.
If you’d like, I can also turn this into:
A one‑page bench card
A quick‑reference checklist
A training handout
A script for hearings involving high‑conflict parties
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