THE ABC GUIDE TO CONFLICT RESOLUTION
Conflict is Normal Are You Resolution Ready?
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John Crawley Part 1 of 4 Whitepaper Series Tel. 0845 600 8851
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The ABC of Workplace Conflict Resolution Conflict Is Normal - Are You Resolution Ready?
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Conflict Is Normal If you experience conflict in the workplace you, your staff and your organisation are not somehow defective or abnormal. Conflict at work is a normal, natural consequence of the modern diverse workplace. Empowered staff are more engaged but also more vocal. When encouraged to have a voice1 rather than sit back and take orders, people will disagree. Media communication has mushroomed, extending the arena for dialogue but also disagreement. Policies encouraging the expression of discontent around issues of fairness have also proliferated in the last 20 years. Conflict happens when people find it difficult to balance their needs and ways of working with those of their colleagues. Humans under pressure do not always behave well. A recent ACAS discussion paper ‘Riding Out the Storm: Managing Conflict in a Recession and Beyond’2 indicated a strong ‘individualisation’ of conflict at work and emphasised the need for effective, early conflict resolution. ‘The UK is currently experiencing its longest period of recession for over 60 years. Growing unemployment, downward pressure on wages and greater uncertainty over job security inevitably increase the strain on workplace relationships and the potential for conflict.’ The paper goes on to suggest that ‘latent conflict’ is also on the increase. Here the signs of unrest, discontent and disengagement are expressed indirectly, for example in increased absence levels and higher turnover, or a drop in performance. More fractious interpersonal relationships between managers and employees are also predicted which can lead to an increase in both incidences and perceptions of bullying and harassment.
John Crawley General Manager People Resolutions
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Resolution Unreadiness The fact that conflict is normal does not make it easy to resolve. The use of proactive mediation and dialogue-based conflict resolution has increased over the last ten years, but very few organisations have successfully put mediation at the centre of their people management strategies and created a genuinely proactive approach to conflict resolution at work. Conflict reactive approaches still dominate. People at work do not think and behave as though conflict is normal and a potentially positive force for change. Do you recognise any of the conflict reactive views and behaviours listed here?
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‘Managers do not have the confidence to use informal resolution’ for fear of getting it wrong particularly when HR support is perceived as ‘remote’3 ‘The formalisation of conflict’4 is encouraged by grievance procedures: “Once formal procedures have been triggered, the tendency is for differences to become more adversarial” Mediation has a proven track record – high resolution rates, good impact on working relationships but it only takes one ‘failed’ mediation to ruin an ‘organisation’s confidence in mediation’ because of mediation’s fragility5 HR is seen as the place to go for conflict resolution but frequently suggest as a first step that people go away and write things down just in case they need evidence. HR will often give policy advice but little support on skills. Where is the local support for early resolution?
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The ABC of Workplace Conflict Resolution Conflict Is Normal - Are You Resolution Ready? Parties opt to go for a tribunal for the flimsiest of reasons because they feel they may win a substantial award
“Mediation – we don’t want any of that rubbish – these people have either got to shape up or ship-out”
People fall out or get ‘bullied’ and all policies encourage them to talk to one another or their manager first and try to sort it out, but neither they nor their manager necessarily have the skills or inclination to do this. Conflict resolution and mediation skills are not prioritised in the modern workplace. They are seen as ‘soft skills’ and rarely expressed as key competencies
Policy makers, CEOs and Finance Managers see resolution as an ‘extra’ rather than an investment which can prevent costly escalation
Untrained middle and senior managers are regularly assigned to internal grievance and disciplinary investigations because of their position and role, not their skills
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Conflicts and disputes are allowed to fester and feed discontent in the hope that they might vanish A culture of ‘them and us’ prevails the moment a difficult conversation or negotiation arises What sort of workplaces are we creating that produce such conflict reactive attitudes and behaviours? There is a cost to all this unresolved conflict (see Appendix 1 - The Cost of Conflict).
References 1
Voice and Participation in the Modern Workplace: Challenges and Prospects, John Purcell and
Mark Hall, Acas, 2012 2
Riding Out The Storm: Managing Conflict in a Recession and Beyond, Acas, March 2010
3
The Practice of Discipline: Evaluating the Roles and Relationship Between Managers and HR
Professionals, Human Resource Management Journal 4
Mediation: An Approach to Resolving Workplace Issues, Acas & CIPD, February 2013
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Mediation at work: of success, failure and fragility, Paul Latreille, Acas Research Paper, 2010
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Argument to Agreement – Resolving Disputes Through Mediation, Crawley J, published by
JCMediation, June 2012 7, 9, 10, 11, 12, 14
Fight, Flight, or Face It? A global research report by OPP® in association with the CIPD,
July 2008 8
Managing Conflict at Work, CIPD, 2004 and Managing Conflict at Work, CIPD, 2004
13, 15
Absence Management, CIPD, 2008
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The ABC of Workplace Conflict Resolution Conflict Is Normal - Are You Resolution Ready?
Unresolved Conflict Stops People Working The Cost of Conflict People carry the consequences of unresolved conflict about with them. Over the course of twenty five years I have asked people on my training courses to write down the potentially negative aspects of conflict at work.
Potentially negative aspects of conflict: • Sickness absence, stress • Violence – verbal / actual • Harassment / Discrimination • Negative impact on productivity • Values disconnect – personal / business • Personal prejudice • Winner vs. loser – not win/win • Lack of focus • Clouds the issues, lose perspective • Impact on culture / spreads • Focus on negatives rather than positives • Costs of conflict • Revisit previous situations (e.g. to bully etc.) • Easy to avoid raising issues because don’t want to be labelled a ‘troublemaker’ These negative traces will often bubble to the surface when people encounter conflict at work. One of the key purposes of the ABC approach is to replace these negative memories and experiences with positive ones which will feed conflict optimism and help establish a resolution culture.
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The ABC of Workplace Conflict Resolution Conflict Is Normal - Are You Resolution Ready?
The Business Cost of Unresolved Conflict
The 2010 CEDR Tough Talk report likened this amount to:
The first ever cost of conflict survey in 2006 calculated that conflict costs businesses £33 billion per year. A more recent OPP survey6, published jointly with the Chartered Institute of Personnel and Development (CIPD) finds that poorly managed conflicts at work cost British employers in the region of 370 million working days.
Gross Domestic Product – If the cost of conflict to British business were a country, it would have the world’s 57th biggest economy (out of 180 countries) Government Spending – Amount equal to a third of the total budget for the National Health Service last year (£102.3bn)
These cost of conflict can generally be broken down into:
Revenue drain
• Legal fees • Tribunal cost • The cost of handling formal grievances vs. the cost of a mediated dispute
Management and staff time drain
• Working relationships and performance deterioration • Sickness / absence
Other indirect costs of unresolved conflicts
• Loss of valuable employees • Reputation cost • Employee relations difficulties • Inability to attract and retain staff
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The ABC of Workplace Conflict Resolution Conflict Is Normal - Are You Resolution Ready?
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The ABC Approach To Workplace Conflict Resolution Creating Resolution Readiness
“Like architecture in general, resolution architecture sometimes works and sometimes does not achieve its intended purpose.” Image © www.rainsalestraining.com/
We have developed the ABC approach based on over 20 years’ experience in workplace conflict resolution and mediation. It advocates putting mediation values, thinking and behaviour at the centre of your people management, HR and conflict resolution strategies. More broadly it will enable your organisation to adopt a cost effective, proactive approach rather than a reactive approach; to conflict at work which does not provide a good return on investment.
Using Resolution Architecture™ to design a resolution-ready workplace. Introducing or enhancing Resolution Building Blocks™ to increase resolution capacity, introduce resolution efficiency measures and reduce the cost of conflict. Changing the Resolution Climate™ Creating a sustainable shift from conflictreactive behaviour and thinking to a conflict resolution culture.
The ABC approach is based around three new reflective metaphors designed to help you think about where you are, what works and what else you need to do to manage conflict at work successfully.
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Resolution Architecture™ I have developed this term to encourage organisations to create a blueprint for resolution ready processes, structures, policies, and guidance material on effective conflict resolution at work.
Managerial guidance and HR processes have not caught up with the mediation ‘revolution’. E-mail and social media cause conflict and yet very little is done to create agreed etiquette to guide users. The tone and language of many conflict resolution procedures is excessively formalised.
Like architecture in general, Resolution Architecture is often an accident of occurrence rather than design. It may have developed organically out of the requirements for an earlier age and has been updated, or handed down.
The ABC guide will show you what to include in your Resolution Architecture Blueprint which will enable you to update procedures and protocols and create genuine resolution-readiness including:
Over time, fashions change and architecture is particularly prone to the influence of strong, powerful people. It may not be fit for current purpose. Old buildings can be adapted very well to new needs and retain some of their particular charm and function, particularly when a realistic, imaginative vision inspires the architect’s blueprint. Resolution Architecture in many organisations needs a radical re-design. Grievance procedures have conflict stamped all over them in their language and intent.
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• A statement of intent and core values around workplace conflict resolution • Creating a strategic, structured, staged approach on three levels – early local resolution; assisted resolution e.g. mediation, coaching, resolution review; backed up by fair investigation and disciplinary procedures’ • Building resolution pathways for a range of conflicts • Creating a resolution hub, conflict ‘triage’ and customising resolution • Building E-tiquette – preventing and resolving online conflict
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Resolution Building Blocks™ Without building blocks, architecture becomes a fictional pursuit. The design stays on the architect’s drawing board. The building blocks put the substance into the concepts and ideas. Resolution Building Blocks are the practical, substantive measures that can be introduced to create a resolution capacity where there is none, or improve existing capability. In tough times spending is tight but be reassured many resolution building blocks do not cost a fortune and they generate good return on investment. Like real-life building blocks they may need to be consumer tested, modified and improved depending on effectiveness and user perceptions. Resolution Building Blocks are not for big organisations only. Part 3 of the ABC Guide illustrates a broad sample of tried and tested Resolution Building Blocks which will reap a good return on investment including: • Enhancement of managerial skills around the ‘Talk-it-Out Model’ – buying a book, online conflict resolution programme, customised leadership resolution and mediation programmes • Building in-house mediation capacity – in-house mediators, outsourced mediation, hybrid services • Conflict coaching – using the RESPECT model • Accessing in-time support • Pooling resolution resources • Underpinning resolution initiatives with effective the FAIR investigation processes and training
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Resolution Climate™ Climate™ If you get your Resolution Architecture and Building Blocks right there will be an improvement in the Resolution Climate™. Unlike the weather, Resolution Climate is susceptible to a degree of control. Resolution Climate describes the more intangible aspects of atmosphere, culture, habit and circumstance that conditions how we feel and think about conflict at work. I am inviting you in this section of the ABC Guide to visualise creating your own climate-controlled dome in which storms are quelled, hurricanes harnessed and resolution shines like a rainbow. In Chapter 4 of the ABC Guide we will indicate how to build an organisationwide corporate Resolution Climate. You may already have some of the ingredients in place. Many organisations across a range of sectors are starting to use mediation more and have created some Resolution Architecture and Building Blocks. The Army and Barnardo’s; Citi Bank and the Greater London Authority; NHS
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Grampian and several private schools. At first glance these organisations could not be more different in terms of sector, values and purpose. One thing they share however is the ability to substantiate the business case for mediation and raise resources. They also share some belief that win/win and not win/lose resolutions have a value for working communities. The ability to engage stakeholders behind a resolution initiative and building resolution awareness and commitment are key ingredients of a Resolution Climate. Other key factors in building and sustaining a Resolution Climate are: • To replace negative conflict narrative with positive conflict narrative • Celebrate successes and promote the benefits of resolution without breaching confidentiality • Creating contingency and resilience of supply. Far too often conflict resolution initiatives succeed or perish depending on whether the people who run them remain in the organisation
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Mediation - Transforming Workplaces This ABC guide to Workplace Conflict Resolution expands the conventionally narrow definition of mediation - ‘A dispute resolution process facilitated by an impartial third party who assists the parties to resolve disputes in a safe, confidential, constructive setting.’ I see mediation as a life / work role that people need to step into when circumstances suggest it might be appropriate, and when it is potentially useful to others. Like other life roles – manager, carer, parent, friend or partner – the mediation role involves the deployment of a group of identifiable behaviours. In this case impartiality, active listening, conflict facilitation and resolution techniques.
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Mediation also involves using language in a neutral, nonjudgemental way – for example saying to people what you need from them rather than what you think of them.
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Mediation turns an argument into a win/win discussion and agreement. These behaviours are hugely beneficial in the workplace for leaders, managers and colleagues.
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The ABC of Workplace Conflict Resolution Conflict Is Normal - Are You Resolution Ready?
Resolving to Get the Best out of People - Mediation Values
• People at work have common interests but often fail to recognise them when in a conflict
The mediation approach to conflict resolution is driven by a set of optimistic values7 which encourage positive thinking around conflict:
• People can balance their own needs with others and find mutually acceptable resolutions
• Conflict is OK and can lead to positive growth and change • Most people do not choose to be difficult or negative with others , but become so when their needs are not being met, or when their own needs clash with others • Win/win solutions are more satisfactory than win/lose • Anger is OK - people need to express upset and difficult emotions and get them heard • People can move out of ‘blame frame’ into the ‘aim frame’, if given the opportunity
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• In a safe environment, people can move on from hurt and distress to acknowledgement, understanding and consideration • People often do not think straight when they are in a stressful situation, but are able to come up with workable solutions if their stress is reduced • Conflict resolution enables diverse communities to understand and work with one another to achieve their full potential • Once people who have different views and values start communicating constructively about their differences they will be more able to work together and trust one another
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Benefits of the ABC Approach to Conflict Resolution at Work The ABC Guide contains a road map for strategy and a range of practical suggestions. Each title acts as a reflective metaphor to help you visualise and think about where you are and what you need. The ABC Approach is scalable, can be used in any type of organisation. It requires energy and determination but ultimately will enable you to:
• Significantly reduce the cost of conflict • Take a fair, appropriately challenging approach when resolution is not possible or appropriate • Resolve disputes within the workplace, rebuild trust and restore communication • Boost engagement and employee voice initiatives
• Send a strong message to everyone in the workplace that there is a commitment to resolution and working together when things get tough
• Enhance workplace well-being
• Address conflict early and avoid costly escalation
• Aim for conflict resolution excellence in the workplace
• Reduce resolution costs and introduce resolution improvement measures
• Get on with one another and your work
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• Make the most of resources that you invest in conflict resolution and get a good return on investment
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Making Workplace Resolution Work for You The great thing about improving Resolution Architecture, Building Blocks and Climate is that it has value beyond cutting the costs of conflict. I always generate a discussion about the potentially positive aspects of conflict on my courses. Most groups struggle to name these at first but once they get going they begin to recognise the business and human benefits of a proactive resolution approach.
Potentially positive aspects of conflict: • Clears the air • Relaxes tension • Creates understanding on both sides – listening • Saves time, happier staff, less management time taken on conflict • A more positive external view of the company • Promotes development of solution based culture • Builds positive point of view of the company and selves • People are valued • Making a contribution • Being part of the change • Reduces the emotion • Learning from the experience • Respecting differences • Learning how to express differences positively We recommend that you invest time, thought and people resources on all three elements – Resolution Architecture, Building Blocks and Climate as this will bring you better, longer lasting results.
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Appendix 1 The Cost of Conflict Meaningfully Measuring How Much Conflict is Costing You A ‘meaningful’ cost estimate depends on what you count and how. My advice is to use the information on these pages to create a formula which means something to you and the stakeholders in your organisation. A typical cost calculation formula counts formalised conflict like grievances, bullying and harassment complaints (some of which may not truly be ‘conflicts’ but more likely disciplinary matters), employment tribunals. Many organisations are currently monitoring activity and resource time expended on these formalised conflicts so there is readily usable data. For example:
• Informal conflict which may never reach formal procedure • The indirect costs of conflict such as reputation damage, loss of customers, inability to innovate when differences are not being brought out and managed • The efficiency and ROI of current conflict resolution measures • Where cost savings can be made and efficiency measures introduced People Resolutions have a conflict calculator which you can utilise at http:// www.peopleresolutions.com/conflictcalculator Your organisation will also be able to reap the rewards of reducing the negative energy of conflict and harnessing it for mutual well-being.
Individual conflict cost – duration, number of people directly and indirectly involved (x % of their salary lost to conflict), reduced billable hours, time dealing with conflict, absenteeism, grievances, third party costs, litigation, compensation, productivity losses (%), staff turnover Organisational conflict cost – individual cost x number of grievances / formalised conflicts It is more difficult but equally important to sample and quantify:
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Cost of Conflict Data The CIPD ‘Managing Conflict at Work 2008’ survey notes that on average, a UK employer receives three ET applications a year. The survey also finds that 14% of bullying and harassment cases escalate to ET. Conflicts which escalate towards tribunal can attract significant staff costs, plus the cost of an award. In 2010 the median was £10,000 and the maximum was £227,208 A prominent government department calculates that they save £20,000 average costs per tribunal, for every case diverted into their in-house mediation service During 2009/10 the BBC paid out £607,138 plus at least £34,201 in tax as a result of tribunal claims and associated legal fees.
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The cost of handling formal grievances vs. the cost of a mediated dispute: Cost of a formal case where one party complains about another:
Cost of a formal case where two parties are in dispute:
Investigator time (14 days)
Mediator time (2 days)
Union time (5 days per case8)
Coordinator’s time (0.5 day)
Parties’ and witness time (4 days)
Parties’ time (1.5 days x 2)
Time for delays/postponements
Union time (not needed but may be wanted)
Total approx 23 days
Total approx 5.5 days
The figure shows that formal processes are four times the cost of informal ones. (Training and support time for mediators and investigators is not included, nor is administrative support for investigation including note-taking.)
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The ABC of Workplace Conflict Resolution Conflict Is Normal - Are You Resolution Ready?
Management and staff time drain
Sickness / absence
• The average employee spends 2.1 hours a week dealing with conflict
• Over a quarter of employees (27%) have been involved in a workplace disagreement that led to personal insults or attacks, while a similar percentage (25%) have seen conflict lead to sickness or absence
• One in ten managers say that they spend six hours a week or more dealing with conflict • Half of HR workers spend between one and five hours a week managing disagreements9 • ACAS argues that reducing the incidence of grievances from one for every 355 to one for every 400 employees would produce savings in management time of nearly £19 million. Reducing the incidence of disciplinary cases from one in every 158 to one in every 175 employees would produce £53 million savings in management time
• Average cost to a public sector health organisation of sickness absence due to stress is estimated as 11.7 days per employee. Stress is the number one cause of short-term absence for non-manual employees, and accounts for 72% of absence in the public sector15
Working relationships and performance deterioration
Other indirect costs of unresolved conflicts
• 57% of employees have had conflicts that lead to demotivation and disengagement10
• Loss of valuable employees
• 10% of employees have failed to attend meetings because of a conflict11
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• Reputation cost • Employee relations difficulties • Inability to attract and retain staff
• 10% of employees have taken multiple days off to avoid conflict situations12 • 18% of employees say they know people who have left the organisation because of conflict13 • 9% of employees attribute a project failure to conflict14
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THE ABC GUIDE TO CONFLICT RESOLUTION
Conflict is Normal Are You Resolution Ready? By John Crawley
PART 1 of 4 To learn more about this whitepaper series, please visit www.peopleresolutions.com
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THE ABC GUIDE TO CONFLICT RESOLUTION
Resolution Architecture Designing a Resolution Ready Workplace
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John Crawley Part 2 of 4 Whitepaper Series Tel. 0845 600 8851
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The ABC of Workplace Conflict Resolution Resolution Architecture – Designing a Resolution Ready Workplace
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Accidental Resolution Architect It is unlikely that anyone who is reading this whitepaper would naturally describe themselves as ‘Resolution Architects’. If you adopt this role it is likely to be an add-on.
• An ongoing request for best practice conflict resolution policy, process and guidance material and case studies that your organisation is willing to share.
It is to you, the Accidental Resolution Architects, whom this whitepaper is aimed. Part 2 of The ABC Guide to Workplace Conflict Resolution – Resolution Architecture will help whether you are new to this subject or have already spent some time working on and redesigning your organisation’s approach to conflict resolution. It contains:
The remainder of the ABC Guide illustrates how to turn the improvements in ‘Resolution Architecture’ into reality using ‘Resolution Building Blocks’ and achieve long term conflict resolution culture change by working on your ‘Resolution Climate’.
• Ideas and concepts to help you identify key principles for resolution readiness. • Practical suggestions for how to join up existing elements of your policy and build in fairness.
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You can also apply these Architecture principles to your external interactions (between your organisation and contractors, supply line, customers, etc.) in addition to your internal interactions (between staff).
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Improving Casework Through ADR Many organisations have been prompted to use mediation as an alternative to formal process by a current costly conflict or recent dispute catastrophe, such as:
A prolonged, costly, public conflict between two or more senior figures which has split teams, caused people to take time off work and been bad for business and reputation
A difficult formal grievance case which is resisting resolution and is getting bogged down in inconclusive interviews and investigation
A bullying situation where there is little hard evidence and no obvious point of closure.
In the UK over the last 10 to 15 years, mediation has successfully built a reputation as ‘alternative’ to more formal workplace conflict resolution processes. Hence the widespread use of the term ADR – Alternative Dispute Resolution. Organisations from all sectors have created internal mediation services, and there is steady use of external independent mediators. Budget holders have been encouraged to invest in mediation as there have been measurable casework successes and benefits associated with diverting casework away from formal procedures to mediation: • 80% plus resolution rates • More long-lasting resolution saving future expenditure • High user satisfaction levels which encourage engagement • Speedier resolution and thereby less time spent in resolution and more rapid return to work and capability • Rebuilding of confidence in complaints, grievance procedures If you get your Resolution Architecture right, your record on conflict resolution casework will improve and you will increase your return on investment. But why limit yourself to casework improvements, which limits the remit and delivery of mediation to internal and external specialists? If we follow the ADR argument, are we not just replacing one set of internal experts with another? They parachute in, do a good job, but are essentially remote. Real culture change and lasting value exists beyond the ADR approach with the ABC approach.
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Resolution Levels and Pathways Early and Effective Resolution ‘In the last 20 years channeling conflict, complaints and disputes towards early resolution when appropriate has gathered momentum and proved to successfully cut the cost of conflict. When designing a system based in early resolution it might help to think of building a structure on three levels say like a department store. Like any store this needs good publicity, readily available guidance and signposting in policy infrastructure and at the entry point. People need to be familiar with the options. Sometimes access may be arranged via an advisor or ‘navigator’ who can help parties choose the level that is right for them.
Resolution levels in the ‘Resolution Store’
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First point of access is the ground floor early resolution department – self-service with specialist help available. People are expected to talk through their differences with respect and seeking win/win resolutions. The parties are in control and are encouraged to have successful difficult conversations which do not escalate up to the next level.
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On the middle floor facilitated resolution is available – easy access to specialist range of practitioners (mediators, conflict coaches, team facilitators). This level is for when you need a little more structured help but it is still all about dialogue. Often potential users will consider using the self-service ground floor but not have the confidence to meet and talk face to face without help. Sometimes when communication has deteriorated outside help is needed to get a resolution conversation back on line. Once people get to the middle floor they are encouraged to put all their effort into settling here. They rarely need to move on up to the top floor.
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The top floor is much more formal. People no longer talk to one another, but hand their conflict to someone else to investigate – at this level formal resolution is provided by skilled, trained investigators and adjudicators - accessible for the most serious situations or after unsuccessfully trying the ground / middle floor.
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The ABC of Workplace Conflict Resolution Resolution Architecture – Designing a Resolution Ready Workplace
Win/Win Over Win/Lose The Workplace Resolution Pyramid is also about encouraging the pursuit of win/ win outcomes rather than win/lose. Ury, Bret and Goldberg argued that “Ideally, disputes should be resolved at the lowest level, through negotiating interests. Claims of interest focus on the desires of the actors in any given dispute, rather than focusing on what a person can do based on their rights and power.” Ury, Brett, and Goldberg argue that actors should focus on what they would like to do based on their own interests. Interest-based claims are more negotiable, and hence less likely to become intractable. Only if interest negotiation doesn’t work, should the parties try a rights-based approach (such as a more formal disciplinary process or ultimately a legal case). This is healthy for several reasons:
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Negotiating interests is less expensive than adjudicating rights or pursuing power options.
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Negotiating interests results in mutually satisfactory solutions, while the other two approaches are win-lose, meaning one side wins and the other side loses.
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When power-based approaches are tried, the losing side often is angry, and may try to “get back” at the other side whenever they get the chance.
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Interest-based negotiation is usually less time consuming than the other approaches. ’
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Creating Your Resolution Architecture
Create a Resolution Procedure A Resolution Procedure is, in effect, the blueprint for a resolution-ready workplace which can be used in a range of ways: • As a self-standing overarching document which is referenced as necessary by other relevant policies and guidance • To initiate a review and upgrade of existing policies and guidance by inserting additional clauses, modifying existing text or removing elements that are inconsistent with the overall design • To freshen up the vocabulary and tone of existing documents to create more accessible, user friendly material I am particularly interested in developing a model resolution procedure which goes beyond casework. Please contact me directly at john.crawley@peopleresolutions.com if you have examples of Resolution or Mediation Procedures that you are willing to share.
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Resolution Procedure - The Blueprint 1. An outline of the principles and values on which workplace resolution is based, including a commitment to: • Early, win / win resolution backed up by FAIRER investigation and adjudication [See ABC Guide Part 3 - Resolution Building Blocks] • Restorative processes and outcomes based on dialogue, learning and relationship building • Independent and impartial dispute handling • Proportionate conflict resolution through a range of accessible, resolution pathways (see below) • Consistency and fairness across a range of possible resolution delivery points • Conflict resolution as the responsibility of everyone in the organisation • Balancing building baseline capability and creating / utilising specialist expertise • Applying the principles of resolution readiness to potential external conflicts with customers, suppliers, contractors • Applying the principles of resolution readiness to online, email, telephone communication including email and social media. 2. The business case including rationale and benefits of this approach 3. Potential measures / targets for resolution strategy 4. Guidance on each resolution pathway, how to access and when to use them including:
• FAQs • Accessible guidance for parties • Diversity and inclusion procedures 5. Information about where to get support and access information about resolution 6. Resources section (see Resolution Hub below) – which might include: • Resolution tips for managers • Case studies of successful resolution • Tips for how to access external mediators • Step by step approach to setting up an internal mediation service • Recruitment, evaluation, casework materials and templates
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The ABC of Workplace Conflict Resolution Resolution Architecture – Designing a Resolution Ready Workplace
Customised Resolution Across A Range of Resolution Pathways Conflict diagnosis and risk assessment currently happens very informally in most organisations. Resolution decisions are often reactive and haphazard, and this is where perceptions of unfairness and inconsistency can arise. Potential users of conflict resolution still tend to see formal process as the default method. Research suggests that managers will often avoid using informal resolution for fear that it may go wrong, particularly if they feel that HR is ‘remote’ and unlikely to offer support. Some parties and their representatives often opt for formal resolution as they believe it is the only way for their conflict to be ‘taken seriously.’ In order to give conflict assessment and diagnosis on a firmer foundation, I suggest that you include guidance in your Resolution Architecture about a more systematic, impartial and objective approach to conflict assessment.
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The key is to make an initial determination what the best approach for each situation is based on the content of the situation, the wishes of the parties and the needs of the organisation. I have devised the ‘traffic light’ approach to conflict assessment and diagnosis designed to be beneficial for a range of possible stakeholders: • Users and parties who need to know what to expect and how to make more informed choices • Managers who wish to become more effective at early resolution • Mediators working to assist resolution • People needing to commission a formal investigation • Resolution Architects who need to construct policies and guidance to encourage consistent resolution There are basically three types of conflicts at work as illustrated below:
Three Types of Workplace Conflict: Red Conflicts – High risk, high level of challenging behaviour; may be senior staff; vulnerable parties; serious or sensitive issues; allegations more suitable for formal investigation or ‘adjudication’ process; conduct issues rather than capability; last resort if all other processes have not resolved. Amber Conflicts – Higher risk, medium level of challenging behaviour; manageable issues; no major power imbalances; allegations capable of resolution by the parties; capability issues not conduct; independent facilitation / mediation / conflict coaching needed. Green Conflicts – Low risk, difficult behaviour but manageable; early in conflict cycle; issues within parties control; communication difficulties rather than conduct issues; best resolved locally by dialogue.
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The Three Types of Workplace Conflict
Customised Resolution Pathways
These three types of conflict need customised resolution which is fit for purpose. As an absolute minimum, most organisations are now realising that they need at least two resolution pathways – a dialogue-based resolution pathway for green and amber conflicts with formal, investigation-style adversarial methods for most serious and risky red cases.
Generally, green and amber conflicts are suited for resolution by talking it out but red ones are not. Amber may need more external assistance from a trained mediator, conflict coach, or facilitator. If neither green nor amber pathways are able to achieve resolution then the parties do not lose the right to investigation and adjudication.
I would strongly argue that organisations also need to include a properly designed and resourced local resolution pathway in which staff are encouraged to have difficult conversations, find ways of handling disagreements and moving to resolution (assisted by their managers - see Resolution Pathways below). I recently saw an online training package in which managers were not encouraged to manage conflict but rather hand it on to specialist internal mediators. When I began training teams of in-house mediators 15 years ago, I did not imagine that they would take over from early, local resolution.
Additions to the Resolution Architecture which would encourage accurate conflict assessment and customised resolution pathways include: • Examples of types of situation which might suit different resolution pathways. • Process outlines regarding confidentiality, level of rapport, who makes the decisions and how, what types of outcomes are likely. • Information about who would facilitate the process and what their role is / is not. • Diagnostic questionnaires to assist more consistent assessment.
Investigation and adjudication
Assisted resolution by dialogue mediation, conflict coaching Parties talk it out - early local resolution
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Updating Managerial and Leadership Competencies
A new study suggests that CEOs are doing a “lousy job when it comes to people management” and the “lowest rated skill was conflict management”. This managerial skills deficit has also been noticed in a recent CIPD Fact Sheet on Employee Relations at Work. “Managing the employment relationship rests heavily on the shoulders of line managers, but their competence in this area is, in general, seriously neglected… A much wider area of knowledge is now required, along with the skills to apply it, including communications and conflict management.” It is difficult to achieve a balance between people skills and technical, business and professional skills when designing leadership and management training.
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I believe that the Resolution Architecture at work would be improved and resolutionreadiness increased if conflict management and mediation skills were more prominently featured in leadership and management competencies and standards. As these skills contain listening, building trust, facilitation and working across diverse teams this change would also have a positive impact on engagement, trust and capability. For examples of Management and Leadership Competencies about conflict management go to the National Occupational Standards web site (http://www.sqa.org.uk/files_ccc/ CFAM_LDD5.pdf) and look at CFAM&LDB8 Manage Conflict in Teams on page 234 and http://www.sqa.org.uk/files_ccc/CFAM_ LDD5.pdf for CFAM&LDD5 Manage Conflict in the Broader Work Environment.
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Creating a ‘Resolution Hub’ One of the inhibiting factors in improving conflict resolution performance and the ability to learn from conflict was the lack of a readily identifiable accessible place that acts as a ‘hub’ - a focus for conflict resolution activity, a place where issues can be raised, reflected upon and where resolution can be accessed, delivered, reviewed and evaluated. In small organisations or those with a reactive approach to conflict everything to do with conflict often comes to one informally designated person – presumably you as you are reading this. In that case you are the ‘hub’. When you leave, or are absent or busy, conflicts go unattended or are handled differently. In larger organisations, HR specialists, union reps, senior managers are stretched and stressed. Conflicts, disagreements, grievances are at the end of a long line of demands. A resolution hub will add value and effectiveness to existing resolution procedures by assembling and accessing materials for resolution promotion, delivery, education and guidance. Some organisations already have a form of ‘hub’ for example an internal mediation
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service co-ordinator, or ER specialist with a dispute resolution portfolio. A specialist co-ordinator or point of contact may also be assigned to provide administrative and case management support for small teams of trained specialists; resolution guidance; evaluation and review procedures and processes for recycling learning. My vision of a Resolution Hub includes: • A point of contact for accessing support, information and resolution services • A learning centre of materials for a range of users • Positive resolution
narratives
about
conflict
• Short how-to videos, testimonials and tips • Self-help and practitioner resources • Access to external provision of support, CPD, training etc • A database of casework statistics • A cost of conflict counter that shows ongoing achievement against financial targets. What would your vision of a Resolution Hub look like? Contact me with your ideas at john.crawley@peopleresolutions.com
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E-tiquette Preventing and Resolving Online Conflict This is a relatively unexplored area of workplace conflict resolution, but ignore it at your peril. People Resolution’s casework frequently includes allegations of misuse of email, and Facebook/ Twitter accounts, particularly on the formal investigation side. I recommend that you create an ‘E-tiquette Policy’, specifically designed to prevent and manage online conflict. Some of the particular complicating factors in this area are: • Many online, mobile or device-facilitated conversations blur the boundaries between private and public • E-tiquette is not sufficiently well developed or universal to enable easy agreement about what is OK for some people and not others • Many online modes of communication are all about speed of delivery and reply and therefore meaning may get lost or confused in the speed • Generational/cultural differences may cause significant disagreements about what is appropriate and what is not.
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An E-tiquette Policy should include simple guidance on:
People-friendly email conventions including:
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o Take another look before you send an upset, angry message o Use clear, transparent subject lines - don’t try and be too clever o When sharing ideas or achievements explain why you think the intended recipients may be interested o Pay some - though not too much - attention to punctuation.
Guidance on unhelpful email and text conventions including:
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o Bombarding someone with numerous emails o Capitalising text or adding exclamation marks for emphasis o Broadcasting negative comments and copying to a wide range of recipients for emphasis
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Use of devices in meetings particularly o What are the conventions regarding keeping devices on / turning off at meetings? The risks of posting derogatory material, using bullying or harassing behaviours in social media including: o Clarification that all electronic communication on a workplace computer is accessible - “Management and other authorised staff have the right to access any material in your email or on your computer at any time. Please do not consider your electronic communication, storage or access to be private if it is created or stored at work.’”
An outline of the resolution processes available under the procedure (in-line with the Resolution Procedure – all of the same principles apply).
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The ABC of Workplace Conflict Resolution Resolution Architecture – Designing a Resolution Ready Workplace
Building Commitment to Resolution Readiness Over the last 10 to 15 years, there having been varying initiatives encouraging the signing of Dispute Resolution Commitments or Pledges. Although signing a document supporting resolution ready behaviour does not ensure action, it can provide a focus and a reference point for on-going improvement. The UK Government Dispute Resolution Commitment promoted by the Ministry of Justice and Attorney General’s Office in 2011 replaced the somewhat ineffective Dispute Resolution Pledge 2001. The new document was in effect a revised pledge but with guidance for government departments. Although externally-focused (on contractual disputes for goods and services and general claims brought by individuals or organisations against government departments), this document has been a useful addition to the Resolution Architecture in Government Departments,
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in creating some core vocabulary, clarification of terminology, and recommendations for best practice. Many Government Departments provide their staff with a range of resolution options with trained internal specialists. They have been less successful in moving beyond the ADR approach towards long term resolution culture change. The Ministry of Justice has, in fact, over the last 10 years developed an extremely successful in house workplace mediation capability, which it is convinced has had long term benefits. 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.
The next section of the ABC Guide moves from policy, process and principle to ‘Resolution Building Blocks’ and promises to be packed with practical ideas about: •
The ‘Talk-it-Out’ seed-bed resolution model
•
From Argument to Agreement – Resolving Disputes by Mediation – a guide for managers
• Using specialist mediation capacity – in-house mediators, outsourced mediation, hybrid services •
Conflict coaching – using the RESPECT model
•
Developing multi-disciplinary dispute resolution experts or interims
•
Online mediation and resolution support
•
Underpinning resolution initiatives with effective the FAIRER investigation process.
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THE ABC GUIDE TO CONFLICT RESOLUTION
Resolution Architecture – Designing a Resolution Ready Workplace By John Crawley
PART 2 of 4 To learn more about this whitepaper series, please visit www.peopleresolutions.com
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THE ABC GUIDE TO CONFLICT RESOLUTION
Resolution Building Blocks Building a Resolution Ready Workplace
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John Crawley Part 3 of 4 Whitepaper Series Tel. 0845 600 8851
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The ABC of Workplace Conflict Resolution Resolution Building Blocks - Building a Resolution Ready Workplace
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Resolution Building Blocks Part 2 of the ABC Guide to Conflict Resolution at Work – Resolution Architecture offered conceptual support for ‘Accidental Resolution Architects’ – the people involved in designing and developing improvements in conflict resolution performance. This section – Part 3 of the ABC Guide will help when Resolution Architects begin to consider resources, budgets and how to turn the design into reality using Resolution Building Blocks. At this point the Accidental Architects become buyers and potential customers. They need external providers to support a conflict resolution project whether it is buying in a single mediation or training course, or building a long term, large scale project to improve resolution-readiness.
John Crawley General Manager People Resolutions
Getting Started with Resolution Building Blocks Workplace conflict resolution is never a top priority spend, particularly in difficult financial times. Getting funding for Resolution Building Blocks is a bit like trying to sell an umbrella in the dry season. People think they will never need the umbrella until they suddenly get caught in a downpour. Even well-established mediation initiatives with an excellent record of cutting the cost of conflict and delivering quality services are susceptible to changes in funding priority, cuts and changes in managerial or organisational dynamics, or politics. It is at this stage that you need to create your first ‘Resolution Building Block’ if you have not done so already: a stakeholder / steering group.
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Creating a Stakeholder / Steering Group If you can sell the resolution readiness concept to a group of key stakeholders1 and secure a budget, then building can begin. (This part of the guide has many ideas about “Where to start?” and “What next?”). Who are the key stakeholders for a conflict resolution project? • People who have resources / influence and can make things happen • People who have resources / influence and may challenge / oppose your conflict resolution project • Potential users / referral sources for the conflict resolution project • Existing practitioners with relevant skills / experience. Often included in such groups include: Senior management, HR, equality and diversity, customer complaints staff, union and employee representatives, and existing trained mediators / coaches / counsellors. Recent research is emphatic that: “Wide consultation and involvement does assist the effectiveness of mediation and conflict resolution projects2. Long-term improvements in employee relations are more likely if there is good engagement with a wide range of stakeholders.” The main tasks for this group are to: • Identify the conflict resolution requirement and build the business case • Establish clear aims, goals and aspirations • Agree resources / budget • Start developing Resolution Architecture • Establish key milestones • Begin building commitment / enthusiasm.
References 1
People Resolutions has assisted this process many times by presenting free awareness
sessions including a Conflict Clinic using the ABC method, mediation updates, sessions on setting up in-house mediation, conflict coaching, workplace investigations. 2
http://www.acas.org.uk/media/pdf/k/8/Transforming_Conflict_Management_in_the_Public_
Sector_-_Mediation_Trade_Unions_and_Partnerships_in_a.pdf
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Where To Start Building And Next Steps I am sure that some of you reading this already have well developed conflict resolution and mediation initiatives in your organisation, or that you can access specialists or consultants. Others may be at the start of this process with little provision and no clear idea about where to go next. Part 3 of the ABC Guide will help you wherever you are on that journey with ideas about where to start building and what to do next to make the Resolution Store a reality and develop customised resolution pathways.
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Building at the Ground Floor: Early Win/Win Resolution Conflict Resolution Training An Essential Building Block to Conflict Culture Change Early win / win resolution works best when the right Resolution Architecture is in place and a degree of managerial buy-in is achieved. Managers are, after all, the first port of call for most workplace conflicts. Handling conflict is one of their least favourite activities and it is often easier to escalate a conflict upwards or divert it to HR. In many organisations, spend on conflict resolution training for managers has lagged behind spend on setting up in-house
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mediation services. This is probably because the measurable savings on case-work are particularly impressive. I believe that real conflict culture change will only happen if conflict resolution and mediation training is used more as a fundamental building block for resolution readiness. It is not an either / or choice. If you have the resources, it is desirable to build at all three levels of the Resolution store, resourcing local early resolution, facilitated resolution and formal investigation and adjudication (see below).
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Top 10 Ingredients of Workplace Conflict Training Whether you choose face-to-face training, online learning or a blended approach; here are my Top 10 Ingredients of Workplace Conflict Resolution / Mediation Skills Training:
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Aim to change thinking from ‘conflict negative’ to ‘conflict positive’ e.g. conflict is normal, people can survive and even thrive if they sort it out by dialogue.
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Encourage people to think and reflect rather than react e.g. self reflection activity on conflict resolution styles.
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Explain and, if possible, build commitment to the model of conflict resolution and the values associated with it – see RESPECT model below.
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Input and practice listening and rapport-building skills, conflict facilitation skills.
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Build understanding of the principles of win-win and win-lose conflict resolution and how they work in practice.
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Increase and improve resolution vocabulary – develop ‘scripts’, ’core phrases’, key questions, etc.
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Ensure that you tap into and exchange the skills already in the group.
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Work through real-life examples, case studies, snapshots of difficult behaviour. Signpost other conflict resolution initiatives / plans and where support is available after training. Be clear when different resolution pathways are suitable or not e.g. early local resolution, independent mediation or formal investigation. Improve consistency of conflict assessment (see the Traffic Light Approach in ABC Guide Part 2).
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You will get more out of conflict resolution training if you: • Negotiate a measure of online / telephone support for attendees after the training; • Make sure that the training is joined-up with other conflict resolution initiatives i.e. it follows core principles of early win-win resolutions and customised resolution pathways; • Ensure the trainers model conflict resolution values and behaviours particularly around equality and diversity; • Pilot, review, improve and evaluate properly; • Use them to build key stakeholder commitment; and • Utilise the sessions as a preliminary stage of recruitment for future in-house conflict resolution practitioners, mediators, trainers (see Making the Most of In-house Mediators below).
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Conflict Resolution Models The RESPECT Model of Conflict Coaching is one we use to give conflict resolvers a structure and a set of skills to work to. It is included in all our conflict resolution training. No model guarantees absolute consistency, particularly when strong emotions and difficult behaviour are involved. The acronym is chosen carefully to represent the principles of the approach; and the structure it provides helps conflict resolvers maintain a degree of stability and rationality of approach under pressure. It can also be built into guidelines, training, briefings and policy. Such models help to establish fairness, consistency and clarity across a wide range of conflicts. The model becomes more familiar and internalised with consistent use. The word RESPECT itself is intended an anchor for the approach. In essence, the model works like this:
R
Rapport-Build Use your listening skills and establish ground rules (e.g. is this conversation confidential or not?). Be open and honest.
E
Explore Find out what the issue is, how the person is feeling and what they want out of the situation.
S P E
Show Understanding Reflect, don’t react. Step into their shoes and let them know that you have heard. Problem-Solve Seek win-win solutions by letting them know what you can and can’t do and what you need from them. Say ‘no’ when you need to and reality-check any unrealistic expectations. Empower Thank them for raising the issue. Add in your perspective and help them stand in your shoes. Identify hurdles and specify how to overcome them. Request and make small but significant changes so that no one loses face. Encourage the benefits of a win-win approach - everyone benefits and the team knows they are aiming to be fair to all.
C
Close Agree what is going to happen next and how you will know issues are resolved. Make action plans and agree what other people need and do not need to know. Establish what behavioural changes will help sustain a better working relationship.
T
Transfer the Learning into the Workplace Stick with what’s been agreed practically. Keep checking in to sustain what has been agreed. Build in fall-back plans for what will happen if things start to get challenging again.
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Just-In-Time-Support Good training really helps managers’ conflict resolution confidence and performance. Of course, conflict can happen at any time and many managers say that they would also like skills support at the time they need it. There are some excellent free / low-cost external resources providing listening support, advice, and resolution support services. In my experience, the conflict resolution skills expertise on these helplines and websites is low. The following would assist improving your organisation’s ability to give more managers resolution skill support when they need it:
• Ensure any in-house or external online, telephone support services get resolution skills training and regular resolution skills briefing • Create and sustain ongoing learning sets, peer networks and resolution mentor groups (there are often people who shine on the training who may be nominated for a Resolution Mentor or Conflict Coach role) • Create / buy-in scripts, case studies and snapshots of effective resolution3 for managers to consult as and when they need • Set up a moderated video ‘tips’ project covering communication skills including conflict resolution and mediation4 • Signpost appropriate online network support e.g. LinkedIn, web forums • Collect useful materials in a Resolution Hub (see Part 2 of this ABC Guide).
References 3
People Resolutions will be publishing From Crisis to Conversation – Conflict Resolution Scripts in Autumn /
Winter 2103 and building a Resolution Hub full of resolution resources. 4
People Resolutions will be initiating ‘tips’ projects in 2014.
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The ABC of Workplace Conflict Resolution Resolution Building Blocks - Building a Resolution Ready Workplace
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Building at the Middle Level
Enhancing Mediation-Practioner Capability Taking In-House Mediation Seriously Over 15 years ago, I led the training of a team of in-house mediators to handle neighbour disputes for Birmingham City Council and in 1998 I trained a group of staff in Wrexham as lay counsellors5, in fact facilitators for conflicts within the council - one of the first in-house workplace mediation services in the UK. It made absolute sense. The managers, union reps and HR staff on the training were pioneers and were delighted and relieved that their organisation was going down that route. Without significant mediation capacity conflict resolution casework, for example grievances, inevitably goes through a formal process or is managed informally by managers and HR staff with good experience but little training in dispute resolution. Outcomes are unpredictable and inconsistent and the chance of a win-win resolution is low. With in-house mediation we knew there were clear savings to be had and it was hoped that earlier, speedier resolution would also be less stressful and get people back to work sooner.
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The ABC of Workplace Conflict Resolution Resolution Building Blocks - Building a Resolution Ready Workplace I recognised early on that the key to success was to take in house mediation seriously, provide top quality training, create sufficient infrastructure for service administration, development and promotion, and provide top quality mediation; working to the same standards as any benchmarked external supplier. This is echoed in the recent ACAS / CIPD Report Mediation: An Approach to Resolving Workplace Issues: “For mediation to be effective, organisations need to consider a range of different factors when thinking about introducing it into an organisation. A decision needs to be taken as to whether
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internal or external mediators should be used. There are a number of critical success factors to using mediation. No scheme will work unless the workforce, managers and representatives are aware of it as a viable option in settling disputes. And trade unions can play an important role in giving the mediation process credibility and building trust. Mediation cannot be introduced as a quick-fix to sorting out differences in the workplace. Its benefits need to be properly evaluated and marketed to staff, and adequate resources devoted to its ongoing promotion within the organisation.�
References 5 6
For my previous company CMP Resolutions (then Conflict Management Plus)
http://www.acas.org.uk/media/pdf/2/q/Mediation-an-approach-to-resolving-workplace-issues.pdf
Success Factors All five organisations on the short-list for the 2012 Personnel Today Innovation in Dispute Resolution Awards (UK), and many that I have worked with setting up in-house mediation projects, build their conflict resolution projects around a core team of in-house mediators. If you want to go down that route here are some tips for how to put the right Resolution Building Blocks in place: (overleaf)
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The ABC of Workplace Conflict Resolution Resolution Building Blocks - Building a Resolution Ready Workplace
1. Create a realistic formula to estimate and monitor cost-savings All five projects have been extremely efficient in mobilising conflict data to build the business case and establish savings made by effective in-house mediation schemes. Savings cited by using mediation in these organisations range from approximately £400,000 in 2010 for CWM TAF Health Board, £119k for Lloyds Banking Group and £83,000 for Topshop.
3. Build an accessible, recognisable resolution profile for the service Without a communication strategy and mediation awareness very few people will use the service. Think creatively and use a wide range of media / methods to promote mediation. Make sure as you go along that you do not dismiss people who are resistant as difficult. Learn about their issues and challenges, and work with them. Strategies that have worked in the past include:
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2. Recruit and train well Fair recruitment procedures generally produce better mediators and lower fail rates on mediator courses. Start recruitment with open workshops demonstrating a live mediation so that people can see what they are in for. These workshops will also serve to extend and develop stakeholder awareness and raise challenges and local issues that need to be addressed. Whatever anyone says you cannot train mediators in three days. An up-and-coming national standard will specify a minimum of 40 hours for an entry-level qualification. Do not field ‘qualified’ mediators who have only had 3 days training as it will increase your risk.
• Gaining senior management / key stakeholder endorsement for the service • Creating a ‘brand’ identity and reinforcing it on leaflets, flyers, FAQ sheets and a web presence • Creating ‘before and after’ scenarios in case studies, audio and video • Running a competition to design a name and logo for the service • Creating and running roadshows across the organisation • Creating a mediation website with mediator profiles • Drip-feeding information about mediation into inductions, E&D training, team updates etc.
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4. Build trust in mediation, particularly at senior level
5. Develop and improve mediator capability
This is all about quality of service from first response to case management. Get your stakeholder group championing mediation and make sure that you enter into dialogue with and understand those who do not trust mediation.
All mediators require ongoing support and when a national standard is established for in-house mediators it will require at least two days continuing practice development.
• Develop and promote a mediator code of practice and seek endorsement from appropriate bodies for the code • Ensure that you have an Equality and Diversity policy and procedure specific to mediation including access, mediator recruitment, mediation casework, mediation practice and key equality and diversity principles of fairness, dignity and respect • Deliver conflict / resolution mediation skills training / awareness sessions (face-toface, online or blended) for unions, managers and HR, and signpost the mediation service • Show what mediation is – use role plays, case studies, testimonials, narrative to get across what mediation is, how it works and what the benefits are • Make mediation skills more accessible - provide facilitator support for managers and HR staff
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• Create effective feedback and continuing review methods • Ensure mediators do at least 2 CPD days a year to develop their skills and prevent skills fade • Create and resource development pathways and opportunities for mediators (see Getting the Most out of In-house Mediators below)
6. Secure resources for a co-ordinator Employ, ringfence part of someone’s time or second someone to coordinate, promote and manage your service. It is critical that this person is trained to mediatorqualified level.
7. Be patient It can often take three years for a new inhouse mediation service to establish itself, function smoothly and be trusted / valued by users and other key stakeholders.
• Don’t get over-evangelical - emphasise the benefits of mediation but also remember that not everything / everyone is suitable for mediation • Promote resolution rates and recommendation rates from existing users (both generally over 75%)
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Getting the Most out of In-House Mediators Grow mediators into other dispute resolution roles One way of capitalising on the value of in-house mediators and recovering more of the upfront training spend is to train mediators to perform other dispute resolution roles. This way they can contribute to increased resolution at local level at the base of the Resolution Pyramid and continue to enhance facilitated resolution readiness (at the centre of the Pyramid) for example:
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Train them as conflict resolution trainers – a large Scottish NHS Trust successfully selected and trained a core group of mediators and conflict management trainers (MCMTs), who act as mediators, and were then trained to run a one-day course internally for managers and staff. The process involved fair recruitment for this new role; attendance on the accredited mediator training course; a train-the-trainers course including content familiarisation and experiential training practice; mentoring on a live workshop and ongoing quality assurance.
2
Enlist mediators to support staff at the point of resolution – mediators can provide a first level of skills support on conflicts for managers, HR and staff. If necessary they can refer people on to the mediation service. This rarely requires specific additional training as the skills are covered on the mediator course.
3
Create Conflict Coaches – some disputes and disputants benefit from more intense one-to-one support than can be given in mediation without losing impartiality. A two day conflict coaching course (using the RESPECT Model – see above) for mediators would enable them to take on a role as Conflict Coaches taking independent casework, or adding conflict coaching to more complex, stuck disputes involving, for example ,a person who seems to have issues with everyone.
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Applying the Mediation Model More Widely From Argument to Agreement The approach to mediation proposed in the ABC Guide is ‘facilitative’ (as is most workplace mediation). The mediator endeavours to create a safe environment in which the parties are encouraged to: • Express thoughts, feelings and perceptions about their situation and ways to resolve it • Resolve issues • Restore trust • Repair communication • Provide sustainable, workable win-win resolutions. In this process, the mediator provides structure, listens and questions reflectively, remains impartial and seeks to understand all perspectives and feelings. In this model mediators encourage openness and honesty and will work with and through difficult
behaviour and strong emotion. The parties make the decisions, not the mediator. This model lends itself well to other dispute contexts. Many of the skills are generic and it is much easier, I believe, to move from ‘facilitative’ mediation to more ‘evaluative’ models used in commercial group settlement, employment mediation, customer complaints resolution. In these models the mediator is encouraged to be an honest broker – much more active in framing and proposing settlements. In some cases the mediators may need additional orientation / training but I strongly recommend that you explore training / lining up your service to mediate: • Customer and supplier complaints and disputes • Student complaints as well as staff complaints at universities and colleges • Group / team disputes.
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Building and resourcing mediator development pathways Once mediating regularly, many practitioners become strongly committed to the development and delivery of mediation. A development pathway for mediators rewards contributions, but also signals the sustainability and professional nature of any in-house service. I would recommend developing the following roles: mediation mentor, mediation supervisor, mediation trainer. I am loath to use terms like ‘senior’ or ‘advanced’ mediator as it sounds so hierarchical.
Remember E-tiquette and technology-assisted mediation As mentioned in Part 2 of The ABC Guide to Conflict Resolution, organisations need to include and build expertise on conflict that occurs via e-communication – the use of social media, phone, online forums and e-mail. There are also ongoing develpments in the use of technology-assisted mediation (using an online confidential platform to conduct face to face / audio / text dispute resolution) which can enhance and extend existing services. Please contact me at john.crawley@peopleresolutions.com if you have case studies, examples or experience of online mediation.
Retaining an external provider to support and supplement in-house services Many organisations use a combination of internal and external independent expertise, for example: • External mediators retained for particularly sensitive or difficult cases • In-house and external mediators co-mediating, co-facilitating • Ongoing collaboration on promotion, development of the service and the mediators • Mediation mentoring, supervision and converting into other dispute resolution roles • Outsourcing elements of provision – e.g. workplace investigations.
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The Top Floor – Workplace Investigation
The challenges and risks of workplace investigation
All organisations have policies and procedures for formal investigation. The requirement sounds straightforward but as anyone who has tried it knows, workplace investigation involves many risks and challenges. In the ACAS ‘Guide on Discipline and Grievances at Work’8, investigators are required to “establish the facts.” In behavioural cases about conduct, bullying and harassment, perceptions of unfairness facts are not always clear and well evidenced.
Versions of events are highly conflicted and the investigator has to be careful to establish what has happened and whether the allegation/s can reasonably be construed as proven/not proven, with insufficient evidence or even malicious. Workplace investigators are also expected to maintain respect, deal with sensitive issues and vulnerable parties appropriately. Their behaviour in this role is as subject to scrutiny as their report is. Once again the ACAS Guide stresses that investigators should “take care to deal with the employee in a fair and reasonable manner.” Strong emotions cause people to behave in challenging ways: losing a sense of scale, focusing only on the negative, magnifying relatively low-level difficulties, becoming defensive and evasive, refusing to co-operate. The parties and their representatives will often develop a very subjective view of what “fair and reasonable” means. Consistency and following guidelines is another area where workplace investigators need to excel: “The law on unfair dismissal requires employers to act reasonably when dealing with disciplinary issues. What is classed as reasonable behaviour will depend on the circumstances of each case, and is ultimately a matter for employment tribunals to decide.”
References http://www.acas.org.uk/media/pdf/s/o/Acas-Guide-on-discipline-and-grievances_at_work_(April_11)accessible-version-may-2012.pdf
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Resolution Architecture - Building Policy and Process Support As a minimum, organisations are expected to clearly document their investigation process and support investigators in understanding and applying that process to a range of situations. Policies should include guidance on the following areas: • Recruitment of investigators - investigator competencies, fair recruitment processes •
Referral and assessment – ensuring the approach taken for each case is right and establish requirements before each investigation is started
• Preparation for first meeting with HR contact / commissioning person
Our external independent workplace investigation team regularly comment on how process support has improved. Some organisations provide wrap-around support with online and face to face training on investigation process, mentoring on-case by HR or an experienced investigator, and debriefing / learning support post investigation. You will increase your risk and the challenges of investigation if you simply create a policy and guidance and leave the investigators to get on with it.
• Agreeing and following terms of reference • Conducting the interviews • Evaluating the evidence • The report • Case management • Data protection and document security.
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Building Investigation Skills and Capability PRL runs a number of investigation training courses run by experienced workplace investigators. They have access to casework narrative and knowledge of what works and what does not in real life situations. We use the FAIRER model of investigation to contain and structure the skills work:
F A I R E R
Find Out – Use structured questions, reflective listening, accurate note-taking and rapport building to get maximum contribution to interviews; gather all the available evidence from a range of media/sources. Analyse – Consider what you have and begin to weigh it up against the allegations. Bring Insight – Consider the weight, type of evidence, levels of proof required. Seek more information and clarification if required. Report – Complete a report according to policy requirements and the Terms of Reference. Evaluate - Explain and get feedback on the report and findings / recommendations with key parties, check in with commissioning person for feedback as appropriate. Reflect on learning emerging from the investigation and disseminate as appropriate.
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In order to prepare investigators managing the process and the challenging behaviour that emerges, investigations skills training should cover:
Understand the role and skills of an investigator. Understand relevant policies, procedures and the investigator’s role within them, and the rights of all parties involved. Plan, manage and organise a confidential investigation promptly and thoroughly and within policy and procedural guidelines. Work with parties and key stakeholders to scope, set up Terms of Reference for an investigation. Establish and demonstrate high standards of customer care including keeping people informed, behaving in a courteous and civil manner and effective record-keeping and case management. Appreciate the importance of impartiality and deliver a fair, rigorous and effective investigation. Liaise and build rapport with a wide range of parties and other participants.
Be aware of their own biases and prejudices, be able to identify bias and prejudice in others and remain impartial. Understand and apply best practice for note taking, transcribing and structuring statements. Demonstrate the application of the required skills and competencies in a simulated investigation interview. Practice the collection of relevant evidence from parties and other sources. Understand and apply methods of gaining, analysing and evaluating evidence (Using the FAIRER technique – Find-out, Analyse, apply Insight, Report, Evaluate, Reflect). Understand how to produce a written investigation report, or other written output documents which are fit-forpurpose. Understand and be able to work with issues of equality and diversity and ensure everyone is treated with dignity and respect.
Actively listen and use probing and funnel questioning techniques. Build confidence and capability in how to handle difficult situations
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Next Steps
Joining Up Workplace Conflict Resolution West Midlands Police – Redesigning Resolution Architecture and building at all three levels of the Resolution Store There are many ways of creating in-house resolution projects and ‘The West Midland Police’ is a good example of a hybrid advanced model. Work was done on changing Resolution Architecture and resourcing the base of the Resolution Pyramid through conflict resolution training. They also developed a mediationstyle initiative for informal resolution, and invested in modifications in their formal process at the tip of the Resolution Pyramid. As mentioned in the Personnel Today Innovation in Dispute Resolution 2012 (UK) Awards nomination WMP ‘made several alterations to their existing Resolution Architecture as they were facing high levels of tribunal claims and a lack of confidence in their existing mediation provision. They initially inspired a debate about dispute resolution, checking people’s interests, fears and concerns. They then amended their grievance procedure to ensure the emphasis was on problemsolving and settlement, not simply due process. More time was allowed when managers needed it most, particularly for fact finding, and a ‘cooling off’ period introduced at the end of stage 1. A course for line managers was devised, with the final day devoted to conflict resolution, ending with a panel session so that colleagues could meet with trade union representatives, ask questions, and network. WMP also introduced a new system of independent adjudication by external ACAS accredited experts of Stage 2 grievances. The mediation policy was re-written to address the excuses given to avoid engaging, so that managers understood the main objections and could respond. The final piece was to launch the People Advice and Liaison Service (PALS) to provide “facilitated intervention”.9
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A couple of other examples of joined up work on customised resolution pathways and working on all areas of the workplace Resolution Pyramid appear in my blog. These are rare. Let me know if you think you run one, or if your organisation wants support in stretching workplace resolution beyond the normal. The next White Paper - Part 4 of the ABC Guide to Conflict Resolution will look at Resolution Climate, which describes the more intangible aspects of atmosphere, culture, habit and circumstance that conditions how we feel and think about conflict at work. It gets in our heads and
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sometimes we don’t know how. Research tells us weather makes very little difference to our internal state. Unlike the weather, Resolution Climate is susceptible to control. If you can create a Resolution Climate in your organisation, it will spill over into engagement, wellbeing, innovation and resilience. If you get Resolution Architecture and Building Blocks right, you are well on the way to creating and maintaining a Resolution Climate. Research tells us weather makes very little difference to our internal state, but I disagree. The organisational climate is a factor so we should aim to understand how it works and what we can do to influence it.
References 9
http://www.personneltoday.com/awards/2012-winners/innovation-in-dispute-resolution/
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THE ABC GUIDE TO CONFLICT RESOLUTION
Resolution Building Blocks – Building a Resolution Ready Workplace By John Crawley
PART 3 of 4 To learn more about this whitepaper series, please visit www.peopleresolutions.com
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Resolution Climate
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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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© Energy Efficiency Company
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 1 and 2 Transforming Conflict Management in the Public Sector? Mediation, Trade Unions and Partnerships in A Primary Care Trust, ACAS 01/11
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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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The ABC of Workplace Conflict Resolution Resolution Climate
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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
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Transforming Conflict Management
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THE ABC GUIDE TO CONFLICT RESOLUTION
Resolution Climate By John Crawley
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