using mediation skills in the workplace
Post on 21-Apr-2017
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Introduction: The Employer
• The employer is responsible for ensuring the workplace safety (psychosocial ) of it’s employees
• Incidents that lead to psychosocial injury cannot always be eliminated but can be minimised
• An holistic approach to constructive work practices covering the work environment, systems of work & management of people
• Most workplace conflicts arise from personality conflicts & misunderstanding between employees. Things that are seen to be areas of conflict between staff are also areas often informally resolved by other work pairs/groups where there is good communication.
Introduction: Workplace Conflict Resolution
• A division of Workplace Harmony Solutions
• Nationally Accredited Mediators
• Grievance and Workplace Investigators
• Conflict Management Training (prevention and resolution)
• Specialising in working with High Conflict Behaviours
• Master Degrees in workplace and employment law
• Workplace Training and Assessment
• Leadership Training
• Prevention of Bullying and Harassment Training
Psychosocial Hazards @ Work
• Bullying, Harassment, Violence, Fatigue
• Work factors (excessive hours, unreasonable demands, inflexible work
arrangements, poor work-life balance)
• Physical work environment (noise, ergonomics, overcrowding)
• Organisational Practices (poor communication, unclear
roles/tasks/responsibil it ies, unclear l ine of accountabil ity, poor
leadership, performance management, lack of autonomy, management
decisions – lack of fairness/not reasonable)
• Workplace change ( job insecurity, uncer tainty, rate of change, com’s
around change, staff turnover, change in status)
• Interpersonal issues (conflict, poor workplace relationships, personality
differences, lack of friends, intolerance of diversity, misunderstanding)W H O ( 2 0 0 9 ) , E c o n t e c h ( 2 0 0 8 ) & o t h e r s
Why Can’t We ‘See’ These Issues?
• Managers are too busy and are not ‘looking out’ for issues
• ‘ It is how we’ve always done it’
• Managers expect others to have higher resilience levels
• Staff not communicating and presenting issues
• Managers dismissing staff complaints
• Conflict avoidance especially around ‘soft’ issues
• Robust conversation or bullying?
• Light hearted banter or belittling?
Slippery Slope
Prelude factors Trigger event
Seeking confirmation
Events
compounding
Crisis
Based on d iagram of conf l ic t by The Conf l ic t Network
Addressing ‘Issues’ Early
• Up skilling team members and managers to be able to constructively address issues at the earliest moment possible
• Embracing team members suggestions/perspectives etc.
• Training
• Leading by example
• Embedding as culture
• Managers skilled in facilitation/mediation
Addressing ‘Issues’ Early
• Incidents leading to psychological injury can present as insurmountable barriers
• Resolution must have concrete steps/actions that are measureable, observable, specific, time imposed etc. to eliminate or greatly reduce chances of reoccurrence of issues
• For conflict (especially interpersonal conflict) there must also be discussion and agreement that puts steps in place to build trust.
When to offer internal mediation
• Managers should be able to offer an early intervention process by facilitating discussion when incidents occur ‘at the top of the slippery slope’
• More skilled internal mediators like HR should be facilitating discussion if a ‘trigger incident’ flares up the conflict
• Both of these processes can be offered within short time frames addressing issues early and preventing a negative climate and other issues from escalating
• Keeps the process informal
• Offers employees the opportunity to improve their communication skills and understanding of the other party at an early time frame
When to use external mediation
• When a conflict between two employees cannot be resolved
internally by following HR policies and procedures
• When the issue between employees and the circumstances are
beyond the scope of the relevant manager/s ability to
appropriately resolve or mediate
• When the issue potentially can turn into a WorkCover
psychological stress claim
Why use an external mediator?
• External mediator is seen as independent and promotes fairness to each party involved and therefore supports a higher level of real engagement in the mediation process
• Accredited Mediators are experts in the mediation process -resolving issues quickly and effectively
• Parties often share new information with a confidential, external, independent mediator
• An external mediator brings a ‘new set of eyes’ to the situation
• Parties often feel better heard and understood
• Skilled Workplace Mediators can coach parties to use improved communication techniques at work
• Agreement supports parties & organisation
Benefits
• Cost and time effective process compared to IR action or WorkCover claims
• Reduces loss of productivity at the workplace
• Reduces time and resources being used by org to resolve
• Reduces impact on business costs (tangible and non tangible)
• Assists in keeping morale high within the team/department
• Reduces staff turnover
• Provides a learning opportunity for parties and their manager
• Can eliminate the need for WorkCover claim and/or litigation
• Instils trust and faith in the organisation resolution process
• Promotes values linked to employee well being
• Provides benefits to mental health and well being of the parties
Types of Mediation
• For 90% of cases, a facilitative/restorative mediation approach is most favourable and produces best outcomes
o Parties feel listened to
o Highlight past events – not for blame but learning
o Parties gain better insight into preferences/thoughts of the other party. Breaks down assumptions
o Clarity on how things will be changed and how parties will interact
o Sets scene/starting point for rebuilding of trust & relationship
• For 10% of cases, a directive mediation approach produces best outcomes
o This works best when one or more parties are a ‘high conflict personality’
o A decisive approach to building a detailed written agreement
Getting the Most Out of Mediation
Look for a mediation process that also includes:
• Pre-mediation individual conferencing and conflict coaching
• Post mediation follow up with parties including coaching
• Having support persons present as silent parties
• Allows a manager to sit in as a silent party
• At least a full day for the joint mediation meeting
• The delivery of a typed and signed agreement for each party, their manager and HR (to support implementation of and adherence to the agreement)
• Feedback from the mediator to management and HR re new insights, how to manage personality differences, systemic issues
• Informing parties that they can be performance managed over breaches in confidentiality & breaches of the agreement
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