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Mediation: Helping People Solve Problems Positively
HR Best Practices for Managing Your Most
Problematic Employees and Reducing Workplace Conflict
February 2015
February 12, 2015 SIHRMA Meeting Presentation 2
February 12, 2015 SIHRMA Meeting Presentation 3
When you have a conflict, that means that there are truths that have to be addressed on each side of the conflict. And when you have a conflict, then it's an educational process to try to resolve the conflict. And to resolve that, you have to get people on both sides of the conflict involved so that they can dialogue.
Dolores HuertaMid-1900 American Activist
Key Issues Surrounding Conflict
Conflict is Inevitable
Conflict is Never Hopeless
Conflict Always has a Common Ground
Conflict is Resolvable February 12, 2015 SIHRMA Meeting Presentation 4
Practical Solutions for Resolving Conflict - Step One
Assess your approach to conflict Withdraw (avoid)Smooth-over (accommodate)Force (competition)Bargain (compromise)Problem-solve (collaborate)
February 12, 2015 SIHRMA Meeting Presentation 5
Practical Solutions for Resolving Conflict – Step Two
Assess the Source of ConflictInaccurate or incomplete informationInappropriate or incompatible goalsIneffective or unacceptable methodsReal or Perceived antagonistic or negative feelings/treatment
February 12, 2015 SIHRMA Meeting Presentation 6
Practical Solutions for Resolving Conflict – Step Three
Build Collaboration SkillsGather informationDo not acquiesce just to be “Nice” Invite different viewsSeek understanding each position or issue Develop solution together that all can “live with” based on common ground
February 12, 2015 SIHRMA Meeting Presentation 7
Strategies For Handling Conflict At The Workplace
Open Door Policies Peer Review Panels – Performance
Management Grievance Procedures
Informal - Internal Formal – Union Contract
Alternative Dispute Resolution Facilitation Mediation Arbitration
February 12, 2015 SIHRMA Meeting Presentation 8
Alternative Dispute Resolution
Facilitation
Mediation
Arbitration
February 12, 2015 SIHRMA Meeting Presentation 9
Facilitation All participants engage fully in a safe and
productive environment Helps groups achieve designated outcomes
when there are difference of opinion or other hurdles to success
Neutral third party guides meetings where emotions may run high or important decisions need to be made
Neutral has no vested interest in outcome and no decision-making
February 12, 2015 SIHRMA Meeting Presentation 10
Mediation Neutral, third party called “Mediator” Caucus style – meets separately with
parties to broker deal Parties reach agreement with
assistance of mediator Parties “agree” to meet and “buy-in” to
the final solution No decision unilaterally implemented Confidential -- Enforceable
February 12, 2015 SIHRMA Meeting Presentation 11
Arbitration Neutral, third party called “Arbitrator” Formal Hearing – witnesses, exhibits,
advocates Arbitrator = Judge imposes their
individual judgment on the parties Final decision which is binding on the
parties and enforceable in court
February 12, 2015 SIHRMA Meeting Presentation 12
What I Like About Facilitation and Mediation
Avoids or Minimizes Use of LitigationQuicker Resolution/Less Stress
Ownership, Thus Acceptance, of Solution
Which ADR For Which HR Task
Facilitation
Mediation
Arbitration
Change of Ownership or Supervision
Employee challenging discharge decision
Discrimination claim
February 12, 2015 SIHRMA Meeting Presentation 14
Which ADR For Which HR Task
Facilitation
Mediation
Arbitration
Change of Ownership or Supervision
Employee challenging discharge decision (in lieu of lawsuit)
Discrimination claim
February 12, 2015 SIHRMA Meeting Presentation 15
Reasons To Respond To Workplace Conflict
Improved productivity and morale Fewer distractions away from the job Recruitment and retention of good
employees Prevent lawsuits Prevent workplace violence Because it is the RIGHT thing to do…
February 12, 2015 SIHRMA Meeting Presentation 16
When Co-Workers Are In Conflict or Organizations are Feuding Internally
Meet with them together and tell them they are expected to work it out themselves in order to continue working
Meet with them individually and try to broker a solution
Intervene and force the “hard conversation” between the feuding co-workers
Utilize Facilitation or Mediation – bring in outside third party To neutralize situation To emphasize need for resolutionTo preserve working relationships
February 12, 2015 SIHRMA Meeting Presentation 17
Guiding Principals for Managing Conflict
Preserve dignity and self-respect in terms of both process and outcome
Do not focus on personal attributes or personalities Stop the conversation when it becomes
personal Listen with empathy not sympathy
Acknowledge that objections or concerns are legitimate but do not agree with one side or the other
February 12, 2015 SIHRMA Meeting Presentation 18
Guiding Principles for Managing Conflict
Focus on observable, objective conduct Ask for facts, examples and observable
behaviors Find the common ground Work towards solution by making sure
every party contributes to the solution in some respect
Summarize and document agreement in writing with signatures of agreed-to action items
February 12, 2015 SIHRMA Meeting Presentation 19
Food for Thought….
Peace is not absence of conflict, it is the ability to handle conflict by peaceful means.
Ronald Reagan
February 12, 2015 SIHRMA Meeting Presentation 20
February 12, 2015 SIHRMA Meeting Presentation 21
When times are tough, constant conflict may be good politics but in the real world, cooperation works better. After all, nobody's right all the time, and a broken clock is right twice a day.
William J. Clinton
Gratitude can transform common days into thanksgivings, turn routine jobs into joy, and change ordinary opportunities into blessings
William Arthur Ward
Kimberly K. GearietyWorkplace Facilitation and
Mediation [email protected]
