Resolving Workplace Resolving Workplace ConflictConflict

Charles AudleyCharles Audley

Workplace Conflict Resolution Workplace Conflict Resolution OverviewOverview

Arbitration or Mediation?Arbitration or Mediation? There is hidden value in conflictThere is hidden value in conflict Transformative MediationTransformative Mediation Evaluative MediationEvaluative Mediation Recommendations from the Recommendations from the

literatureliterature How to be an effective MediatorHow to be an effective Mediator QuestionsQuestions

Arbitration or Arbitration or Mediation?Mediation? Arbitration: A method of resolving a conflict in which Arbitration: A method of resolving a conflict in which

disputing parties present their case to an impartial disputing parties present their case to an impartial third party (mediator), who then makes an evidence-third party (mediator), who then makes an evidence-based decision on their behalf, resolving the conflict. based decision on their behalf, resolving the conflict. This decision is typically binding and final. Dominant This decision is typically binding and final. Dominant process in the public sector.process in the public sector.

Mediation: A voluntary and informal process which Mediation: A voluntary and informal process which again employs the use of an impartial third party again employs the use of an impartial third party (mediator) to arrive at a negotiated settlement. (mediator) to arrive at a negotiated settlement. Typically non-binding and either appeals or stalemates Typically non-binding and either appeals or stalemates are not uncommon. Dominant process in the private are not uncommon. Dominant process in the private sector.sector.

(Bingham, 2004; Fox & Stallworth, 2009; Wall, Strak & Standifer, 2001).(Bingham, 2004; Fox & Stallworth, 2009; Wall, Strak & Standifer, 2001).

What can conflict What can conflict teach us?teach us? Conflict is a natural and normal workplace Conflict is a natural and normal workplace

occurrenceoccurrence Can result in lowered morale, decreased Can result in lowered morale, decreased

productivity, increased absenteeism & productivity, increased absenteeism & turnover, but it doesnturnover, but it doesn’’t have tot have to

Can serve as a stimulus for Can serve as a stimulus for ““postformalpostformal”” thought; multiple realitiesthought; multiple realities

During intra-organisational conflict, each During intra-organisational conflict, each party is part of an interdependent team, party is part of an interdependent team, often forgottenoften forgotten

Chance to improve communication/problem Chance to improve communication/problem solving skillssolving skills

(Lloyd & King, 2001; Sinnott & Johnson, 1997; Weitzman & Weitzman, 2006)(Lloyd & King, 2001; Sinnott & Johnson, 1997; Weitzman & Weitzman, 2006)

Transformative Transformative MediationMediation Empowerment: the Empowerment: the

capacity for involved capacity for involved parties to make decisions parties to make decisions for themselves – self for themselves – self determinationdetermination

Recognition: to be Recognition: to be conscious and responsive conscious and responsive to othersto others’’ perspectives perspectives

(Bush and Folger, 1994). (Bush and Folger, 1994).

More Transformative More Transformative MediationMediation Not outcome focusedNot outcome focused Aim is to portray conflict as a growth Aim is to portray conflict as a growth

opportunity, resulting in conflict opportunity, resulting in conflict transformationtransformation

Guided by the Guided by the ‘‘whatwhat’’ and and ‘‘whywhy’’ questions questions 60% completion rate, somewhat lower than 60% completion rate, somewhat lower than

other forms of mediation (around 65%-80%)other forms of mediation (around 65%-80%) Currently used by the United States Postal Currently used by the United States Postal

Service and TSA (USA)Service and TSA (USA)

(Ardagh, 1999, Bush and Folger, 1994).(Ardagh, 1999, Bush and Folger, 1994).

Problem Solving – The Problem Solving – The Evaluative ModelEvaluative Model

Mediator takes an active Mediator takes an active role in evaluating the role in evaluating the evidence and proposing evidence and proposing solutionssolutions

While the mediator still While the mediator still assumes an impartial role, assumes an impartial role, they are more active in they are more active in deciding appropriate deciding appropriate grounds for settlementgrounds for settlement

Often used in situations Often used in situations where both parties require where both parties require adjudication on how their’ adjudication on how their’ position accords with position accords with existing social and legal existing social and legal norms.norms.

((Fox & Stallworth, 2009;Fox & Stallworth, 2009; Waldman, 1998) Waldman, 1998)

More Evaluative ModelMore Evaluative Model Seen as a more mediator directed approachSeen as a more mediator directed approach Balancing act - the mediators opinion has been Balancing act - the mediators opinion has been

sought, but to embrace the essence of mediation a sought, but to embrace the essence of mediation a neutral, equitable and unbiased solution is requiredneutral, equitable and unbiased solution is required

Proponents claim the Evaluative Model is an Proponents claim the Evaluative Model is an oxymoron; as the mediator should remain impartial, oxymoron; as the mediator should remain impartial, any subjective valuation undermines trust and any subjective valuation undermines trust and neutralityneutrality

Advocates counter that disputants have sought the Advocates counter that disputants have sought the opinion of an objective third party; the mediator’s opinion of an objective third party; the mediator’s input helps rather than hinders the construction of input helps rather than hinders the construction of settlementssettlements

Results indicate around 65%-80%”success” rateResults indicate around 65%-80%”success” rate

((Fox & Stallworth, 2009;Fox & Stallworth, 2009; Waldman, 1998) Waldman, 1998)

Recommendations Recommendations from the literaturefrom the literature Mediation process is Mediation process is

typically focused on an typically focused on an agreement or time limit – agreement or time limit – should be expanded to should be expanded to include follow-up over the include follow-up over the ensuing monthsensuing months

Give participants the Give participants the knowledge that chaos and knowledge that chaos and breakdown are typical breakdown are typical responses, the process responses, the process takes timetakes time

Mediation is a cost effective, Mediation is a cost effective, time-saving alternative to time-saving alternative to litigation. The value lies in litigation. The value lies in its’ unique focus upon the its’ unique focus upon the needs and interests of the needs and interests of the conflicted partiesconflicted parties

(Weitzman & Weitzman, 2006)(Weitzman & Weitzman, 2006)

How to be an effective How to be an effective mediatormediator Get both parties to clearly indicate the causes and nature of the problemGet both parties to clearly indicate the causes and nature of the problem Explain your role, maintain informality and explain the processExplain your role, maintain informality and explain the process Wherever possible conduct a mediation session face-to-faceWherever possible conduct a mediation session face-to-face Accept that often one party is weaker or less assertive than the otherAccept that often one party is weaker or less assertive than the other Your aim is to settle the dispute on a level playing field, ideally, with Your aim is to settle the dispute on a level playing field, ideally, with

strategies and outcomes the conflicted parties proposestrategies and outcomes the conflicted parties propose Facilitate the process; encourage role reversal, stress interdependencyFacilitate the process; encourage role reversal, stress interdependency Present the conflict in a positive light – an opportunity for growthPresent the conflict in a positive light – an opportunity for growth Ensure parties are adhering to the current issue, examples of past problems Ensure parties are adhering to the current issue, examples of past problems

and even name calling are detrimental to the process; specific behaviours or and even name calling are detrimental to the process; specific behaviours or events are keyevents are key

Try not to dwell on negativity, an effective mediator simply moves on and Try not to dwell on negativity, an effective mediator simply moves on and highlights the positivehighlights the positive

Take time-outs if things are getting heated or emotionalTake time-outs if things are getting heated or emotional Designate time for follow-up, reinforcement sessions in the ensuing monthsDesignate time for follow-up, reinforcement sessions in the ensuing months

((Bingham, 2004; Fox & Stallworth, 2009; Wall, Sillars, Strak & Standifer, 2001; Weitzman & Weitzman, 2006; Wilmot & Hocker, Bingham, 2004; Fox & Stallworth, 2009; Wall, Sillars, Strak & Standifer, 2001; Weitzman & Weitzman, 2006; Wilmot & Hocker, 1993)1993)

SummarySummary

Arbitration or Mediation? Arbitration or Mediation? Depends upon the Depends upon the context and sectorcontext and sector

Potentially a stimulus for Potentially a stimulus for growthgrowth

Transformative Transformative Mediation – outcomes Mediation – outcomes selected by disputing selected by disputing parties, internally drivenparties, internally driven

Evaluative Mediation – Evaluative Mediation – guided by moderator guided by moderator who evaluates the facts, who evaluates the facts, chooses a course of chooses a course of action for opposing action for opposing partiesparties

Moderator crash courseModerator crash course

ReferencesReferences

Ardagh, A. (1999). Transformative mediation: the opportunity and the challenge. Ardagh, A. (1999). Transformative mediation: the opportunity and the challenge. Alternative Dispute Alternative Dispute Resolution BulletinResolution Bulletin, 2 (, 2 (11), 1-3.), 1-3.

Bingham, L. B. (2004). Employment dispute resolution: the case for mediation. Bingham, L. B. (2004). Employment dispute resolution: the case for mediation. Conflict Resolution Conflict Resolution QuarterlyQuarterly, 22, 145-174., 22, 145-174.

Bush, R. A. and Folger, J. (1994). Bush, R. A. and Folger, J. (1994). The Promise of Mediation: responding to conflict through The Promise of Mediation: responding to conflict through empowerment and recognitionempowerment and recognition. Jossey-Bass. San Francisco, CA.. Jossey-Bass. San Francisco, CA.

Fox, S. and Stallworth, L. E. (2009). Building a framework for two internal organisational approaches Fox, S. and Stallworth, L. E. (2009). Building a framework for two internal organisational approaches to reolving and preventing workplace bullying: alternative dispute resolution and training. to reolving and preventing workplace bullying: alternative dispute resolution and training. Consulting Consulting Psychology Journal: Practice and ResearchPsychology Journal: Practice and Research, 61 (, 61 (33), 220-241.), 220-241.

Hoskins, M. L. and Stoltz, J. M. (2003). Balancing on words: human change processes in mediation. Hoskins, M. L. and Stoltz, J. M. (2003). Balancing on words: human change processes in mediation. Conflict resolution quarterlyConflict resolution quarterly, 20 (, 20 (33), 331-349.), 331-349.

Lloyd, C. and King, R. (2001). Work related stress and occupational therapy. Lloyd, C. and King, R. (2001). Work related stress and occupational therapy. Occupational Therapy Occupational Therapy InternationalInternational, 8 (, 8 (44), 227-243.), 227-243.

Sillars, A. L., Wilmot, W. and Hocker, J. C. (1993). Communicating strategically in conflict and Sillars, A. L., Wilmot, W. and Hocker, J. C. (1993). Communicating strategically in conflict and mediation. Communicating strategically, Hillsdale, N.J., Erlbraum.mediation. Communicating strategically, Hillsdale, N.J., Erlbraum.

Sinnott, J. D. & Johnson, L. (1997). Complex postformal thought in skilled research administrators. Sinnott, J. D. & Johnson, L. (1997). Complex postformal thought in skilled research administrators. Journal of Adult DevelopmentJournal of Adult Development, 4 (, 4 (11), 45–53.), 45–53.

Waldman, E. A. (1998). Debate in mediation: applying the lens of therapeutic jurisprudence. Waldman, E. A. (1998). Debate in mediation: applying the lens of therapeutic jurisprudence. Marquette Law ReviewMarquette Law Review, 82 (, 82 (11), 155-170.), 155-170.

Wall, J. A., Stark, J. B. and Standifer, R. L. (2001). Mediation: a current review and theory Wall, J. A., Stark, J. B. and Standifer, R. L. (2001). Mediation: a current review and theory development. development. Journal of Conflict ResolutionJournal of Conflict Resolution, 45, 371-391., 45, 371-391.

Weitzman, F. and Weitzman, E. A. (2006). Brief report: postformal thinking on the job: a protocol for Weitzman, F. and Weitzman, E. A. (2006). Brief report: postformal thinking on the job: a protocol for interpersonal conflict resolution training. interpersonal conflict resolution training. Journal of Adult DevelopmentJournal of Adult Development, 13 (, 13 (11), 45-51.), 45-51.