Mediation Helping People Solve Problems Positively HR Best

Mediation: Helping People Solve Problems Positively HR Best Practices for Managing Your Most Problematic Employees and Reducing Workplace Conflict February 2015

February 12, 2015 SIHRMA Meeting Presentation 2

When you have a conflict, that means that there are truths that have to be addressed on each side of the conflict. And when you have a conflict, then it's an educational process to try to resolve the conflict. And to resolve that, you have to get people on both sides of the conflict involved so that they can dialogue. Dolores Huerta Mid-1900 American Activist February 12, 2015 SIHRMA Meeting Presentation 3

Key Issues Surrounding Conflict n Conflict is Inevitable n Conflict is Never Hopeless n Conflict Always has a Common Ground n Conflict is Resolvable February 12, 2015 SIHRMA Meeting Presentation 4

Practical Solutions for Resolving Conflict - Step One Assess your approach to conflict n Withdraw (avoid) n Smooth-over (accommodate) n Force (competition) n Bargain (compromise) n Problem-solve (collaborate) February 12, 2015 SIHRMA Meeting Presentation 5

Practical Solutions for Resolving Conflict – Step Two Assess the Source of Conflict n Inaccurate or incomplete information n Inappropriate or incompatible goals n Ineffective or unacceptable methods n Real or Perceived antagonistic or negative feelings/treatment February 12, 2015 SIHRMA Meeting Presentation 6

Practical Solutions for Resolving Conflict – Step Three Build Collaboration Skills n Gather information n Do not acquiesce just to be “Nice” n Invite different views n Seek understanding each position or issue n Develop solution together that all can “live with” based on common ground February 12, 2015 SIHRMA Meeting Presentation 7

Strategies For Handling Conflict At The Workplace n n n Open Door Policies Peer Review Panels – Performance Management Grievance Procedures n n n Informal - Internal Formal – Union Contract Alternative Dispute Resolution n Facilitation Mediation Arbitration February 12, 2015 SIHRMA Meeting Presentation 8

Alternative Dispute Resolution n Facilitation n Mediation n Arbitration February 12, 2015 SIHRMA Meeting Presentation 9

Facilitation n n All participants engage fully in a safe and productive environment Helps groups achieve designated outcomes when there are difference of opinion or other hurdles to success Neutral third party guides meetings where emotions may run high or important decisions need to be made Neutral has no vested interest in outcome and no decision-making February 12, 2015 SIHRMA Meeting Presentation 10

Mediation n n n Neutral, third party called “Mediator” Caucus style – meets separately with parties to broker deal Parties reach agreement with assistance of mediator Parties “agree” to meet and “buy-in” to the final solution No decision unilaterally implemented Confidential -- Enforceable February 12, 2015 SIHRMA Meeting Presentation 11

Arbitration n n Neutral, third party called “Arbitrator” Formal Hearing – witnesses, exhibits, advocates Arbitrator = Judge imposes their individual judgment on the parties Final decision which is binding on the parties and enforceable in court February 12, 2015 SIHRMA Meeting Presentation 12

What I Like About Facilitation and Mediation Avoids or Minimizes Use of Litigation Quicker Resolution/Less Stress Ownership, Thus Acceptance, of Solution

Which ADR For Which HR Task n Facilitation n Mediation n Arbitration n February 12, 2015 Change of Ownership or Supervision Employee challenging discharge decision Discrimination claim SIHRMA Meeting Presentation 14

Which ADR For Which HR Task Facilitation Mediation Arbitration February 12, 2015 Change of Ownership or Supervision Employee challenging discharge decision (in lieu of lawsuit) Discrimination claim SIHRMA Meeting Presentation 15

Reasons To Respond To Workplace Conflict n n n Improved productivity and morale Fewer distractions away from the job Recruitment and retention of good employees Prevent lawsuits Prevent workplace violence Because it is the RIGHT thing to do… February 12, 2015 SIHRMA Meeting Presentation 16

When Co-Workers Are In Conflict or Organizations are Feuding Internally n n n Meet with them together and tell them they are expected to work it out themselves in order to continue working Meet with them individually and try to broker a solution Intervene and force the “hard conversation” between the feuding coworkers February 12, 2015 Utilize Facilitation or Mediation – bring in outside third party n To neutralize situation n To emphasize need for resolution n To preserve working relationships SIHRMA Meeting Presentation 17

Guiding Principals for Managing Conflict n n Preserve dignity and self-respect in terms of both process and outcome Do not focus on personal attributes or personalities n n Stop the conversation when it becomes personal Listen with empathy not sympathy n Acknowledge that objections or concerns are legitimate but do not agree with one side or the other February 12, 2015 SIHRMA Meeting Presentation 18

Guiding Principles for Managing Conflict n Focus on observable, objective conduct n n Ask for facts, examples and observable behaviors Find the common ground Work towards solution by making sure every party contributes to the solution in some respect Summarize and document agreement in writing with signatures of agreed-to action items February 12, 2015 SIHRMA Meeting Presentation 19

Food for Thought…. Peace is not absence of conflict, it is the ability to handle conflict by peaceful means. Ronald Reagan February 12, 2015 SIHRMA Meeting Presentation 20

When times are tough, constant conflict may be good politics but in the real world, cooperation works better. After all, nobody's right all the time, and a broken clock is right twice a day. William J. Clinton February 12, 2015 SIHRMA Meeting Presentation 21

Gratitude can transform common days into thanksgivings, turn routine jobs into joy, and change ordinary opportunities into blessings William Arthur Ward Kimberly K. Geariety Workplace Facilitation and Mediation kimberly@geariety. com