THE ABC GUIDE TO CONFLICT RESOLUTION
Resolution Climate
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John Crawley Part 4 of 4 Whitepaper Series Tel. 0845 600 8851
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The ABC of Workplace Conflict Resolution Resolution Climate
Resolution Climate This section of the ABC Guide to Workplace Conflict Resolution focuses on how to achieve lasting changes in how people feel and think about conflict at work. It covers: •
Making the most of casework climate change
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Engaging and mobilising stakeholders
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Sustaining a commitment to partnership working
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Building contingency and resilience of supply
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Ensuring that gatekeeping and conflict diagnosis capability are consistent and distributed throughout your organisation
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Tailoring the resolution project to your organisation
This Part 4 concludes with some examples of what you should notice in a conflict resolution climate and an appeal for case studies.
John Crawley General Manager People Resolutions
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The ABC of Workplace Conflict Resolution Resolution Climate
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Making the Most of Casework Climate Change If you get your Resolution Architecture and Building Blocks right, you will see tangible changes in conflict resolution behaviour and atmosphere on a case- by- case basis. For example:
• Stressed, de-energised parties emerge from a mediation with their relationship and confidence restored. They go back to their team who are relieved and re-motivated;
• Staff and their representatives who take out a formal grievance recognise that their employers / managers are conducting a difficult process in a humane, respectful and rigorous manner when investigations are handled fairly, professionally, transparently and in line with procedures;
• Managers who have had training in managing difficult conversations become more inclined to tackle bad performance or bad behaviour early in a non- confrontational way rather than worry and avoid intervention.
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Each effective mediation, investigation, piece of conflict resolution has the capacity to show an immediate return on investment through savings, efficiencies and indirect benefits. Part 1 of The ABC Guide to Workplace Conflict Resolution – Conflict is Normal, Are You Resolution Ready? emphasised the need to meaningfully measure the cost of unresolved conflict and the potential savings that the use of mediation and general resolution readiness will bring (see the appendix ‘Meaningfully Measuring How Much Conflict is Costing You’). Keep capturing and releasing this return on investment information. These successes are also in effect illustrations, models, prototypes for the future. Do not waste these resources, promote them. We see in the media how easily negative narrative around conflict is broadcast, amplified and escalated. A senior officer in the Army that I interviewed recalled how “prolonged disputes and the bad feeling they generate spreads like a virus and significantly affects productivity and wellbeing.” The viral effect of positive conflict is slower and less immediately engaging for many because it does not pander to the conflict negative voyeur in all of us. Nevertheless, positive stories emerging out of potentially difficult conflict situations normalise resolution and encourage behaviour change. ‘Before and after’ stories are particularly powerful. What you need to develop are:
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Credible, accurate case study summaries and narrative accounts of successes from users, referrers and practitioners – subject to confidentiality;
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Easy-to-use narrative and descriptive (not policy-oriented) material on mediation and investigation processes at work e.g. short videos, podcasts, step-by-step guides, webinars, slides, inserts in newsletters;
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Qualitative data and statistics about mediation casework resolution levels; parties’ perceptions of the process; parties’ willingness to recommend the process to others;
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Recycling and broadcasting learning – capture conflict resolution and mediation skills training tips; share organisational learning about conflict and the causes of conflict at senior/strategic level; utilise skilled practitioners as mentors; build a ‘Resolution Hub’ full of learning material (see www.peopleresolutions.com for free downloads).
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Engaging and Mobilising Stakeholders As mentioned earlier in the ABC Guide, heroic solo efforts at conflict transformation rarely succeed, even in smaller organisations. Engaging and mobilising stakeholders will give purpose and momentum to:
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Assessing the need and the people risks to be addressed;
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Developing and sustaining the business case;
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Securing financial and other resources;
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Considering and designing the Resolution Architecture;
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Deploying practical measures – the Resolution Building Blocks;
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Continuing to set high standards and assist in developing a Resolution Climate.
We are keen to build a network and run an event bringing together in-house ‘resolution architects’ and practitioners to recognise their achievements and ensure best practice grows and is shared.
I have seen people from all walks of life and workplace roles work hard to improve conflict resolution in their organisations. They become champions for resolution readiness and take this enthusiasm with them when they network with peers or when they move on to other companies. Mobilise these supporters around the ‘three Cs’ and ‘three Es’ of conflict resolution:
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Key stakeholders will represent the diversity of your organisation and may include: • Senior management/budget holders who can influence resource decisions; • Union/staff representatives and officials, staff council members; • HR, customer complaints, L&D staff, Equality and Diversity practitioners; • Existing points of contact/resolution for conflict e.g. coaches, counsellors, harassment advisors, helpline staff, managers; • Health and wellbeing support services e.g. EAPs, Occupational Health.
What they can bring is: • Reality checking and a ‘critical friend’ perspective; • Market information about perceived needs, potential challenges and positions of interest groups within your organisation; • Cultural/historic knowledge that may have escaped you; • A different perspective; • New ideas; • Time and energy.
What you can offer is: • A chance to lead a new initiative which will have many positive aspects and outputs; • Skill and awareness-building around conflict resolution; • An open and honest relationship which will help develop trust across a range of work areas and should encourage collaboration generally; • An opportunity to be pioneers in a relatively new area of work. Networking with other organisations who have engaged stakeholders effectively can really help boost this process.
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Making A Commitment to Partnership Working
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The East Lancashire Primary Care Trust study1 illustrates the importance of partnership working not just principle but in practice – working with difficult partners who may have opposing views. ,
From early on, the mediation project was seen as an opportunity to interact with a range of internal partners and stakeholders with whom relationships had not been positive. The mediation training and the scheme itself provided a basis on which trust could be built. 2 The East Lancashire Primary Care
I recently completed a piece of work with a group of universities who arranged conflict management training for senior managers and union leaders on the cusp of a difficult dialogue about redrawing the grievance procedure. A major spin-off from the training was a “warming of relations and building of trust moving into the redesign of grievance procedures.” There was more agreement about the need for a collaborative approach. The conversations in the safe environment of the training course had provided a gateway into more creative partnerships.
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Retail Organisation Case Study A major retail company was aware that some disputes and bad behaviour at its retail outlets were festering and remaining unresolved, creating a somewhat ‘icy’ atmosphere. These outlets were also performing less well, although there were other factors contributing to that. The staff and their managers were generally content to live with the atmosphere or change jobs in a job sector with fluidity and continuing opportunities. One manager approached regional HR requesting a more proactive approach – in fact asking for an off-site mediation for two of his colleagues. The cost of an external mediation was initially considered too high, so some training was provided to the HR team and the manager was invited too. A local Union Representative heard about it and also wanted to be included. The external trainer suggested that the training were used to set some ground rules around, for example, confidentiality, and create a safe environment within the session for open discussion. After serious wrangling about who would attend and how this would be resourced it was agreed to run a pilot two-day course with a range of people on it. Senior management were still worried that the diversity of role and opinion would cause trouble. The training proved to be a major turning point as the trust showed in the diverse group was rewarded. Skills were cascaded through the staff teams and generally a talk-first policy was adopted across retail outlets rather than the approach of conflict avoidance. Some staff eventually went on, with more training, to become in-house mediators.
References and 2 Transforming Conflict Management in the Public Sector? Mediation, Trade Unions and Partnerships in A Primary Care Trust, ACAS 01/11 1
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The ABC of Workplace Conflict Resolution Resolution Climate
Building Contingency and the Resilience of Supply Far too often conflict resolution initiatives succeed or perish depending on whether the people who run them remain in the organisation. The Ministry of Justice is a good example of an organisation which has had an ongoing commitment to mediation as a significant part of its People Management Strategy. They have put resources aside for a long-term project to train and develop mediators; provide them with supervision and practice support; refresh the pool when required; secure a service coordinator throughout the service’s life and hand on the baton as appropriate when staffing changes occur. The MoJ have sustained that model for over 10 years. As a result, mediation is now seen as a ‘first port of call’ for conflict resolution.
“The changes that have occurred are still critically linked to specific individuals who play central roles within dispute resolution processes. In this way, the change that has taken place at ELPCT, while significant remains contingent and fragile.” 3
“I think mediation is a good first port of call for the business. For the Ministry of Justice to have mediation is very valuable because we are investing in the staff. Conflict causes all manner of problems, including health problems resulting in sickness absence, and stress or anxiety. It can have a detrimental impact in teams within the workplace who are directly or indirectly involved.” 4
References 3
Transforming Conflict Management in the Public Sector? Mediation, Trade Unions and Partnerships in A Primary Care Trust, ACAS 01/11
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Mediation: An Approach to Resolving Workplace Issues; ACAS CIPD February 2013
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Retail Organisation Case Study The introduction of mediation and facilitated resolution in an international financial services company initially met with strong resistance, for example, unwillingness to release staff for more than three days to train as mediators, although it was acknowledged that existing grievance procedures have been ineffective in managing issues to do with communication styles, equality and diversity, performance and bonuses. Over time, ER and HR and Equality and diversity staff built the business case, networked with other successful in-house schemes, and detailed the associated cost savings. They secured resources for a pilot scheme and follow-up training and building of capability if the pilot was a success.
Within two years, the scheme led to a decline in costly bonus complaints and some adjustments in the bonus complaints process which were aimed at making mediation the default method for grievances. An additional resolution pathway was also designed for some bonus issues – Facilitated Resolution. This involved using mediation-style techniques and more directive problemsolving including inputting the business view on what appropriate settlements might look like. The mediation service was ultimately rolled out across the organisation’s EMEA region and became a benchmark within the sector for early resolution.
Ensuring that gate-keeping and conflict diagnosis capability are consistent and distributed throughout your organisation There is little point having a resolution project if no one knows about it or if misunderstandings contaminate potential users’ perceptions of the services provided. Most organisations have a range of contact points or gate-keepers where people who are aggrieved and upset can go. These people receive and review issues, disagreements and conflicts, check out what the parties want and help them decide what resolution pathway fits best. Human Resources, Unions, managers, helpline staff perform this role.
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The ABC of Workplace Conflict Resolution Resolution Climate The values and existing roles of gatekeepers can impact on the advice they give. For example: • A Union Rep may feel that a referral to mediation is denying their member recourse to a proper grievance; • A manager with little HR support may feel lacking in confidence in moving into informal resolution so they recommend a formal grievance or revert to evidence gathering; • A mediator may be overly optimistic about the possibility of resolution and suggest mediation when the parties are involved in a power game and there is some behaviour which may be deemed as inappropriate. Skill deficits often impair conflict diagnosis and resolution at the first point of contact: ineffective listening, lack of impartiality, lack of empathy and rapport. The best remedy for this and another key factor in achieving a Resolution Climate is to ensure that key gatekeepers and referral people possess basic conflict management skills and are well informed about conflict resolution choices, how they are different and which circumstances best fit which resolution process.
Airline Case Study A major airline which has an in-house mediation service takes awarenessraising seriously. Their mediation service has its own business cards and is well supported within HR and at senior management level. They run quarterly sessions for managers and union representatives during which they present and dramatise case studies of a range of types of conflict and encourage discussion about possible resolution pathways, for example, situations suitable and unsuitable for mediation. This has generated awareness and uptake. It has also provided support for managers and union reps around other resolution options. Some organisations have developed resources designed to enhance early, effective and efficient conflict diagnosis and resolution including:
As stated in Part 2 of this ABC Guide – Resolution Architecture - Updating Managerial and Leadership Competencies - I believe that this should be a core part of management competencies as managers are often the frontline for conflict issues.
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• A set of core questions, and an assessment template to assist in conflict diagnosis in the guidance with their procedures; • Lists and examples of situations suitable for various resolution pathways; • Short videos illustrating a process and a type of situation suitable; • A helpline to give timely assistance to points of contact and gatekeepers including managers.
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Tailoring the Resolution Project to your Organisation Resolution projects mainly share a central concern – to put mediation at the centre of workplace conflict resolution. There are however, differences in need across sectors and types of organisation. Any external provider should be able to help you by developing an empathic partnership and customising a project to your organisation’s needs. The mediation model used most extensively for workplace mediation is a facilitative model in which the mediators assist the parties to speak and listen, exchange feelings views and perceptions and resolve issues. There is a degree of conflict resolution and communication repair as well as issue definition and resolution. This model may not suit all organisations. Nor might mediation be their top priority. In a fascinating paper by Doctor Tony Bennett he cites the Ridley-Duff and Bennett model to reflect on why and how various types of dispute resolution may suit some organisations more or less than others. For example he argues there are sectorial variations in the uptake of mediation:
relationships between staff engaged in providing a particular type of service to the community that set it apart in many ways from the private sector.” Bennett also cites other factors as potentially impacting on dispute resolution preferences: • Differences in approaches to authority and power; • How democratic and radical a process is perceived to be; • Whether ‘punishment’ is seen as desirable / necessary in certain circumstances.
Do not fall into the trap of using an off-theshelf model, or dropping in mediation as a quick fix. Clearly there are many ways to create resolution readiness.
“The notion of family in particular was a metaphor utilised in all of the public sector organisations investigated and represented a perception of dispute resolution perhaps that went beyond performance and leadership issues alone but was grounded in the need to repair and maintain close
References 5
http://www.johncrawleymediation.co.uk/assets/BUIRA-2012-mediation-paper-250612.pdf
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What Should you Notice in a Conflict Resolution Climate? Part 1 of the ABC Guide began by listing behaviours, perceptions and attitudes associated with ‘resolution unreadiness’ and a ‘conflict reactive climate’. In conclusion, I have assembled a very different list of behaviours and attitudes that you should expect to notice in a conflict resolution climate [see page 16]. A recent piece of ACAS research into setting up a mediation scheme in a public sector heavily unionised setting: 6
Prior to the establishment of the mediation scheme, employment relations within ELPCT were adversarial and confrontational, characterised by a profound lack of trust. Individual employment disputes were largely dealt with through the organisation’s highly formalised procedures, which were actively used by trade unions to challenge managerial authority. In turn, managers used formal process in a reactive and defensive manner. In short, both sides were locked into a zerosum game that not only exacerbated conflict but also made the resolution of disputes more difficult. However in the two years since the introduction of mediation, there have been significant changes to the way in which individual employment disputes are managed and to broader employment relations within the organisation. The introduction of mediation has clearly provided a channel through which employee grievances can be resolved without recourse to formal procedures.
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Case Studies A major government ministry reported that they have stemmed a growing tide of grievances and allegations of bullying. Issues are still being raised but far fewer are entering formal grievance. More people are using mediation since training a Dispute Resolution Cadre. People are also using the Cadre as consultants / mentors and advisors for managers at all levels. They were recruited from all over the globe and regularly use their mediation training to resolve conflicts early. This has restored some confidence in the organisation’s ability to create an anti-bullying environment.
A Scottish NHS Trust reduced formal grievances by training and deploying in-house mediators and also influenced managers to intervene earlier by training those mediators in the additional skills required to run in-house conflict management courses. Over 10 managers have experienced the course and reviewed it positively. Ultimately the Trust trained in-house investigators too and currently have one of the most multi-disciplinary conflict resolution projects in the UK. Union and senior management involvement created a more positive, collaborative negotiating environment generally.
A major urban police force trained a team of in-house mediators, involving unions, HR and a wide range of desk and operational staff and across a range of rank and role. They wanted to show that they could work on conflict resolution together, as negative conflict had a devastating effect on morale and trust. ‘Fairness at work cases’ were mushrooming and many seemed much more suitable for mediation and dialogue rather than formal investigation. They surveyed staff, reviewed existing process and direct and indirect savings were identified – kicking in soon after initial training (which took up most of the front-loaded budget). 5 courses were run so that a citywide mediation service could be provided with diverse co-working pairs delivering the service outside their own work area. They recognised early on that resources for a co-ordinator were required and gained senior management commitment for their resolution project. 5 years on the savings are evident as fewer cases have escalated and the take-up of the mediation service has spread. There are numerous examples of potentially disruptive conflicts being resolved early, effectively and efficiently thereby heading off huge operational problems.
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Mediators enthusiastically promoted both mediation and dispute resolution and carried this emphasis on resolution into their dealings with colleagues who were not involved in the scheme. This acted to break the spiral of distrust and adversarialism that had traditionally reinforced the reliance on formal procedure and blunted the ability of the organisation to resolve disputes. 7 Transforming Conflict Management
A mental health charity bought in investigation skills training because a tribunal chair had commented that they were not following their own procedures and that parties were being shabbily treated. They lost the tribunal case with costs. A ÂŁ10,000 budget for training was established to build better practice as a protection against such public failures with a direct and indirect cost. The training immediately addressed the shortcomings mentioned - focusing on investigation planning, process management and conflict facilitation skills for maintaining positive interactions in a pressured environment. Questioning, investigative interviewing and note-taking skills were also enhanced. Finally the ability to analyse evidence and present it in a report was covered on course and tested in a post-course virtual report-writing exercise. The training evaluated well and investigative practice became more consistent, more evidently structured and carried out with due diligence. Case handling was also more effective. Refresher sessions enabled the investigator pool to raise ongoing tricky issues and challenges and iron out process glitches. Set against any future tribunal awards this seemed a good investment. There were also reputational and engagement benefits, as the organisation was able to build more confidence in their procedures for potential users and their representatives . 8
References 6
Transforming Conflict Management in the Public Sector? Mediation, Trade Unions and Partnerships in A Primary Care Trust ACAS 01/11
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Transforming Conflict Management
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Changes in Conflict Management Behaviour and Choices Manager’s conflict resolution changing: Amongst operational managers, those who were active as mediators or had some involvement with the scheme were argued to have become more likely to manage conflict with a view to seeking resolution rather than using formal procedure. However, there was resistance with some managers concerned that the extension of mediation may compromise their ability and authority to manage. The degree to which operational managers were now open to mediation was also concentrated in certain parts of the organisation and it was generally acknowledged that the process of changing attitudes and behaviours within this group was ‘incremental’ and largely achieved through experience and word of mouth. 9
I have been an HR professional for 27 years and a trained mediator for the past 9 years. I have had success with mediation in all of the organisations that I’ve worked in to resolve issues between co-workers, manager-employee, as well as conflicts within departments. I am pleased to say that I am finding more managers willing to try to resolve issues through mediation before moving to disciplinary methods. LinkedIn comment from a discussion I started from Deborah Tullos
[In a specific case, one party] made it clear that they wanted to try mediation to resolve long-term issues with another colleague…. The mediation in this particular case was abandoned. But funnily enough a month later I was speaking to the manager about something different and I said, “Oh, how is everything?” and the manager said “Would you believe, since they attended that mediation, I don’t know what happened, but they’re now speaking together and their working relationship is good. 10 Quote from MoJ mediator
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My senior fire fighters would come to me on a weekly basis escalating conflict issues from their team. It was becoming quite a risk because I was busy and it often took a while to speak to those involved and assess the situation. None of the situations were critical but they could have become so. Fortunately the Chief Officer became switched on to early conflict resolution after a major conflict got out of hand and mediation eventually brought it back under control. We all got 2 days of conflict resolution training and the senior fire fighters barely escalated any situations at all. They did keep me posted informally about their successes though without breaching confidentiality. An immediate change and a reduction of risk. A station manager from a fire service
References 9
Transforming Conflict Management
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Mediation: An Approach to Resolving Workplace Issues; ACAS CIPD February 2013
Building trust across the organisation via dialogue and collaboration Image Š http://www.liquid-mindsoul.blogspot.co.uk
A group of universities arranged conflict management training for senior managers and union leaders and a major spin off was a ‘warming of relations and building of trust’, moving into the re-design of grievance procedures. A project to improve the formal investigation service in a large government organisation were experiencing a crisis of confidence in senior management after a period of rapid change and political upheaval. Some senior managers who were going to be made redundant were given the opportunity to be retained as part of a pool of investigators. By enhancing their investigation skills, refining formal processes and encouraging significant union support,
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the organisation managed to turn around a crisis of confidence in a formal process. A fair recruitment process was used so that those with the most suitable experience and capability match joined the investigation pool. When managers commissioned an investigation they soon felt confident that it would be more timely, fair and constructive. Mediation awareness training also raised the ability of investigators to pause formal processes and refer to mediation in some suitable cases where the parties were prepared to try it. This project subsequently led to a more significant demand for informal resolution and an in-house mediation service was also created.
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It’s a lot less confrontational, and a lot more forgiving. I think there’s more trust now, so that if the staff side finds something out that they think they should have been communicated on earlier, there tends to be more acceptance that it’s cock-up rather than conspiracy now. A mutual trust to a higher degree, so generally employee relations now here feel positive. Not perfect; they’re never perfect. You’ve always got to keep working on these things…We’re currently doing a major reconfiguration and downsizing. We have the partnership lead on the HR project team actually sitting on the project team in the project meetings. That kind and level of input from staff side I think is very strong. Senior HR Manager
I don’t think the NHS will get through the changes it needs to get through in the most productive way possible unless it remembers partnership and mediation. It’s easy for them to slide off the agenda when you’ve filled the agenda full of figures, and I think one of the problems that we’ve got is with these cuts in budgets is that the employees stand in danger of being payroll numbers again, rather than people; and partnership and mediation (can) try to put (on) the agenda that we’re people. 11 Union representative
If you believe you have a case study, anecdote or quote which illustrates successfully moving towards a conflict resolution climate please contact me at: john.crawley@peopleresolutions.com
References 11
Transforming Conflict Management
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THE ABC GUIDE TO CONFLICT RESOLUTION
Resolution Climate By John Crawley
PART 4 of 4 To learn more about this whitepaper series, please visit www.peopleresolutions.com
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