combating collective conflict

Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.

Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.

Welcome

Inner conflict in teams / Mediation in Groups

Teams in conflict with each other (part I)

Coffee

Teams in conflict with each other (part II) / Building Resilience / Preventing Conflict

Open Forum

Close

Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.

Agenda9:00

9:25

9:30

9:45

10:00

11:00

11:15

11:30

12:40

13:00

Registration & Coffee

Welcome

Conciliation, Arbitration andMediation – what’s the difference?

The “Seven C’s” and Possible Interventions

Teams in conflict with managers (part I)

Coffee

Teams in conflict with managers (part II)

Role of ACAS

Sharing Learnings

Lunch

14:00

15:00

15:20

15:40

16:20

16:30

Conciliation, Arbitration and Mediation – What’s the Difference?

Arbitration: A process for settling a dispute facilitated by an independent individual or body which is empowered to reach a judgment to reach closure.

Mediation: An intervention between disagreeing parties involving a third party, aimed at bringing the dispute to a conclusion which both can accept.

Conciliation. Seeks to encourage each party to agree concessions as a means of settling differing demands or offers, usually by prioritising what is most important for them and what

they are most ready to trade.

Conciliation, Arbitration and Mediation – What’s the Difference?

Mediation

Formal Informal

Narrative

Facilitative

Evaluative

Judicial

et al

The “Seven C’s”

ContextsContexts CulpabilitCulpabilityy

CapabilitCapabilityy

ContactContact

CompromiCompromisese

ContrastContrast

ContentContent

Teams in Conflict with Managers

Scenario: A new team leader finds that they have difficulty engaging their team, which has recently lost its long-serving and popular manager. Reticence and suspicion turns to complaint, with the entire team apparently against the manager and ready to pick up on anything which they disapprove of (mainly proposed changes).

Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.

Coffee

“Dominoes”

the employment relations service

improving organisations and working life through better

employment relations

On 15 February 1994 Acas became the first nationwide public service body to be awarded

Investor in People status

On 13 March 2008 it was awarded to Acas for the fifth time

Independent

Confidential

Practical

Impartial

Up to date

Acas is

Improve organisations and working life through better employment relations

Acas’ ambition is to

To achieve it

We provide up-to-date information, independent advice, high quality training and a range of services to help employers and employees solve problems and work together effectively

Acas Council

• Overall guidance is provided by the Acas Council - made up of 12 leading figures from business and trade unions together with independent members representing the interests of employers and employees

• The Chair and Council Members are part-time and appointed by the Secretary of State for Business, Innovation and Skills

Mr Ed Sweeney Acas Chair

Ms Sarah Veale Head of Equality and Employment

Rights at the TUC

Mr Dave Prentis General Secretary for Unison

Ms Sarah Anderson, CBE former member of Small Business

Council

Mr John McMullen Professor of Labour Law at University

of Leeds

Mr Derek Simpson

Joint Secretary, Unite

Acas Council Members

Jennifer Eady QC

Employment Law Barrister and Vice-President of the Industrial Law Society

Nicola Templeman

Former Senior Executive at Nationwide Building Society

Ms Susan Anderson

Director, Human Resources Policy, CBI

Mr Peter BennettHuman Resources Director, Network

Rail

Ms Debbie CoulterDeputy General Secretary, GMB Trade

Union

Mr Jonathan Michie

Professor of Management, University of Birmingham

Acas ChairEd Sweeney

Acas ChairEd Sweeney

Acas CouncilAcas Council

Chief ExecutiveJohn Taylor

Chief ExecutiveJohn Taylor

Knowledge,Jan Dixon & Susan Clews

Knowledge,Jan Dixon & Susan Clews

ITAndrew Godber

ITAndrew Godber

DeliveryAndrew Wareing

DeliveryAndrew Wareing

HR & EstatesMike Spencer

HR & EstatesMike Spencer

FinanceRobert White

FinanceRobert White

Director Midlands andEastern

Carol Davenport

Director Midlands andEastern

Carol Davenport

Director ScotlandFrank Blair

Director ScotlandFrank Blair

Director NorthernPhil Pluck

Director NorthernPhil Pluck

Director Wales and Southern England

Robert Johnson

Director Wales and Southern England

Robert Johnson

Director North WestGill McCarthy

Director North WestGill McCarthy

Director LondonJerry Gibson

Director LondonJerry Gibson

Head of Good Practice ServicesJane Bird

Head of Good Practice ServicesJane Bird

Individual Dispute ResolutionKeith Mizon

Individual Dispute ResolutionKeith Mizon

National HelplineNick Riddle

National HelplineNick Riddle

Chief ConciliatorPeter Harwood

Chief ConciliatorPeter Harwood

Organisational Structure

• Prevent or resolve disputes between employers and their workforces

• Settle complaints about employees' rights

• Provide information, advice and training

• Encourage people to work together more effectively

The role of Acas

We can:• Advise on the range of approaches to workplace dispute resolution including mediation

schemes

• Provide a trained mediator to facilitate the resolution of workplace disputes when there is no tribunal application imminent. These many be between a manager and an individual staff member or between two staff members in the workplace

• Train managers and employee representatives in conflict management skills

• Help you develop a workplace mediation scheme and give guidance on selecting potential mediators

• Train and assess your mediators and award successful candidates our Certificate in Internal Workplace Mediation

*Some of our services are charged for

Mediation

We help parties in dispute to reach or make progress towards agreed settlements which they all find acceptable

Collective conciliation

In 2008/09 Acas received

requests for collective conciliation

960

Base = 960 collective disputes

Collective conciliationsCauses of request, 2008/09

In 2008/09 Acas achieved

success rate in completed collective disputes

92%

In 2008/09 Acas arranged

arbitration hearings

30

Projects in individual workplaces

Our advisers work with organisations to make their workplace more effective through better employment relations

Towards effective workplaces

This may involve running workshops and setting up working groups to:

• Solve problems affecting relationships at work

• Work together in dealing with change

Projects in workplacesKey issues, 2008/09

Base = 146 Workplace Projects (charged)

In 2008/09 Acas completed

Projects in workplaces

146

• Settle complaints about employees’ rights

• Nearly all complaints to employment tribunals come to Acas

The role of Acas

Applications to employment tribunals for conciliationcovering a total of 236,116 claims (jurisdictions)

138,535

In 2008/09 Acas received

Individual conciliation casesClaims received – all jurisdictions

Individual conciliationMain causes of complaint, 2008/09

Base = 138,535 complaints conciliated

In 2008/09

of potential hearing days saved consequent upon settlement or withdrawals within the conciliation

window

73%

Benefits of individual conciliation

• Voluntary agreement (and withdrawals)

• Fewer tribunal hearings

• Lower cost to the parties than tribunal

• Not in public domain

• Less stressful

New Individual Conciliation Service

• Pre-Claim Conciliation (PCC) Service 2008

• In seven months 2,000 cases

• Average 3 days (usually 14 days)

The role of Acas

We provide impartial information and advice

In 2008/09 Acas dealt with

calls through our helpline

Top issues:

• Redundancy, lay-off and business transfers

• Discipline, dismissal and grievance

• Contractual matters

726,306

Training

• Key points on employing people designed for small businesses

• In-depth sessions on employment issues for HR specialists

• Training specially designed for individual workplaces

• c.2,000 training sessions were held in 2008/09

In 2008/09 there were over four million visits.

• A–Z of work

• Rights at work section

• Online training package and online booking for training sessions

• Publications free to download or purchase online

Website

• Good practice advice, including sample forms, letters, surveys, etc

• Almost 200,000 copies of our guidance were sent to customers in 2008/09

• 'Bestseller' continues to be on the subject of discipline and grievance Publications free to download or purchase online

Publications

the employment relations service

Teams in Conflict with Managers

Discussion: “Strong management” versus “Bullying” – where to draw the line?

When do you cross to the ‘dark side’?

Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.

Sharing Learnings

Forum On-line.

www.conflictmanagement.org

Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.

Lunch

Inner Conflict in Teams: Director’s choice

An opportunity for you to select various statements and direct a scenario.

Inner Conflict in Teams

Scenario: A forceful team leader and their manager don’t see eye-to-eye on how to run a help-desk, each believing that they say what goes in their patch. Both attract loyalties from within the team, leading to two opinion camps forming, with each taking instruction from their preferred ‘boss’.

Mediation in Groups: Conversation Micro-Tool1. Set the scene.

2. Identify desired outcomes.

3. Challenge any unrealistic expectations.

4. Invite and (if appropriate) propose areas of common ground, then break down areas of

difference. Give affirmation.

5. Invite suggestions about how each individual believes each difference may be resolved,

how

they assess the practicality of achieving their suggestions quickly and highlight common or

similar proposals which all can work with.

6. Invite parties to say whether any of their remaining differences may be met with a

compromise or allowed to let lie in the interests of securing a peace. Explore options

7. Summarise agreements, commitments and actions. Give encouragement and

affirmation.

Inner Conflict in Teams

Scenario: In team meetings, a manager has a habit of interrupting certain team members with the words “sorry to cut across”.  Sensitivities crystallise amongst those whose views are routinely overlooked, with a perception that the manager shows favouritism to others. The favoured team members begin to perpetuate the same behaviour that leads to the creation of a dysfunctional team.

Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.

Coffee

Teams in Conflict with Each Other

The ‘dream-factory’ team decree a process to be delivered to enhance ‘customer experience’ that name badges must be worn by traffic wardens.

The wardens are not happy with customers knowing their first names because they think that personal derogatory comments hurt more when under personal attack.

The two groups are at logger-heads!

Building Resilience: Avoiding Conflict

Key Elements:

Influencing Behaviour

“The Recipe”.

EquippingManagers.

EducatingPeople.

The “Happy Company”.

The “Golden Hour”.

Building Resilience: A Manager’s Micro-Tool

For a growing library of micro-tools to download, visit: www.managingconflictatwork.com

1. What’s happening at the moment?

2. What do you want to happen?

3. What’s been working?

4. What am I impressed with? (give affirmation, e.g. for the individual raising this)

5. What do you think you need to do now?

6. What is the first step you’ll take?

JaM: Just a Minute

Building Resilience: The Strategic Option

Regulatory. Informal.

“The Recipe”.

•organisation structures;•role definitions;•policies;•processes;•procedures;•task definitions;•lines of authority and reporting;•reward systems;•appraisal systems;• codes of conduct.

•leadership vision;•codes of ethics;•personal development/objective plans/targets;•team/departmental targets;•training programmes, learning and development

activities;•recognition systems;•management guidance/recommended best

practice;•management style;•monitoring and feedback systems;•informal routines and habitual ways of doing

things.

The Meta ApproachNot Getting Lost Yourself

Position # 1 Position # 2

Meta Position

Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.

Open Forum

The Dolphins’ Tale

Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.