SECTION I:AN INTRODUCTION TO MEDIATION

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Transcript SECTION I:AN INTRODUCTION TO MEDIATION

RESOLVING CONFLICT IN
THE WORKPLACE
Wendy Keats
Centre for Conflict Resolution Studies, UPEI
“Unresolved conflict represents the
largest reducible cost in many
businesses, yet it remains largely
unrecognized.”
Measuring the Financial Cost of Organizational Conflict, Dana, D.
Workplace conflict is on the rise

A study of 136,000 Canadian workers revealed the
number of employees seeking help for work-related
conflict increased from 23% in 1999 to nearly 30% in
2001

Reports of workplace violence almost doubled and
harassment almost tripled during this same period

Workplace stress is also becoming more acute,
increasing from 36% in 1999 to more than 54% in 2001
WarrenShepel, Work-Related Stress: An EAP Perspective, 2002
Costs of Workplace Conflict
 Absenteeism,
sick leave
 Presenteeism
 Grievances,
litigation
 Employee turnover
 Theft, sabotage
 Injury, accidents, disability claims
 Lost productivity
 Increased client/customer complaints
ABSENTEEISM

In a Health Canada study of 50,000 employees,
it was found that “the greater the number of
sources of stress at work, the greater the
likelihood of reporting more than 10 days sick
leave”.

Bullied employees take, on average, seven days
per year more sick leave than others.

The estimated cost of absenteeism due to
workplace stress is $1.7 billion per year.
EMPLOYEE TURNOVER

Chronic, unresolved conflict leads to at least
50% of overall departures and up to 90% of
involuntary departures (with the exception of
downsizing)

The costs of replacing an experienced worker
are estimated to be between 75% - 150% of the
employee’s annual salary
PRESENTEEISM
Another set of problems occur when
employees with high intent to turnover do not
leave the organization. These employees tend
to have lower commitment, create workload
problems for others and reduce morale in the
area in which they work.
This rate of 'presenteesim' is estimated to be
as much as three times higher than
absenteeism.
I hear they paid him $500,000 to leave and figure they’ll
still save money
DAMAGE, THEFT & SABOTAGE
Studies reveal a direct correlation between the
prevalence of employee conflict and the
amount of damage and theft of inventory and
equipment.
Covert sabotage of work processes and
management's efforts often occurs when
employees are angry at their employer.
OCCUPATIONAL HEALTH & SAFETY

There is growing evidence that psycho-social factors
related to the job and work environment play a role in
the development of work-related disorders of the upper
extremity and back. There is an increased likelihood of
workplace accidents when people are angry or under
stress.
ASSESSING WORKPLACE
CONFLICT
Think of a workplace conflict you have
been involved in. As we go through the
following points, try to objectively analyse
the situation and answer the questions I
will ask.
KEY SOURCES OF
WORKPLACE CONFLICT
Structural Problems
Structural conflicts are caused by forces that are
often external to the people in dispute. They include:

Limited physical resources

Geographic constraints

Time constraints

Organizational changes

Lack of authority; unequal distribution of power

Unclear lines of communication/accountability
RELATIONSHIP CONFLICTS
Communication problems
 People don’t share information, send unclear or mixed messages, don’t
listen to each other, don’t say what they mean/feel, don’t clarify
assumptions
Threats to interests, needs, values
 The perception that someone is threatening something that is important
to you (safety, security, needs, wants, aspirations)
 Different beliefs about right/wrong
Different personality and conflict resolution styles
 Introvert, extrovert, competitive, avoidance, accommodation,
compromise, collaboration
Past experience/history
 Interpreting the present based on past relationships or experiences
Denial/Immaturity/Malicious intent
 Unwilling/unable to perceive a problem, take responsibility or see cause
and effect
 Purposely intends to cause harm, gain advantage or manipulate

What do you feel was the key source of
your conflict?

What other factors contributed?
Key Elements of Conflict
Poor Communication
Strong
Emotions
Assumptions
CONFLICT
Positional thinking
COMMUNICATION
 55% of communication occurs through body movement and facial
expressions
 38% is understood through tone of voice, volume, clarity & inflection
 7% is understood through the words used
Body language, tone of voice, words used
sender
(intent)
receiver
(effect)
Perceptions of self and the world

How did poor communication contribute
to your conflict?

In what ways did body language, tone of
voice, or the words people used affect
the conflict?
ASSUMPTIONS
ACTION
INTENT
EFFECT
Public
Private
Private
Seen & heard by all:
a fact
Known to sender,
unknown to receiver
Known to receiver,
unknown to sender
Assumptions are based on the belief that the other
person knows our private information.
It is our natural tendency to assume that what we see is true and real and that
our picture of the world is accurate. Given our need to establish and rely on a
reality construct that is confirmable and predictable, the thought that our
understanding is inaccurate or incomplete can be deeply unsettling.
Tim Hicks, Another Look at Identity-Based Conflict

What assumptions might you have made
in your conflict?

What assumptions do you think the other
person made?
STRONG EMOTIONS

A range of strong feelings, i.e. anger, fear, frustration,
confusion, can be present during times of conflict.

These emotions trigger a chemical reaction in our body.
Adrenalin (and up to 60 other stress hormones) are
released into our blood stream…….these hormones
reduce our ability to think clearly or rationally.

Although this is a poor time to explore issues, people
often become “motivated” to resolve the problem when
they are upset. (Big mistake)

What role did strong emotions play in
your conflict? (on your part or theirs)

How did these emotions affect any
attempts to resolve the conflict?
POSITIONAL THINKING
People in conflict lock into a
position ( an “either/or”
solution) that they believe is
the only way to fix the
problem.
Below these positions, are
a multitude of interests
(needs, wants, concerns,
values, fears, hopes).
People tend to easily
declare their positions but
you often must dive down
to get at the interests

What position did you take in the conflict?

What position did the other person take?

What underlying interests fueled these
positions?
LEVELS OF CONFLICT
Problem
Easily resolved if addressed when it arises
Emotions become involved
People begin to experience strong emotions
and make spoken & unspoken accusations
about each other.
War
A full blown conflict is publicly declared.
The parties develop a strategy to win with
each trying to build allies and take others
into their camp. The issues that sparked
the conflict begin to cloud and new ones emerge.
Take no prisoners
The conflict escalates to a point where the
true issues get completely lost. People don't
want to listen – their only interest is winning –
and they are willing to risk their health and
well-being to do so.
What level did your conflict
reach?
CONFLICT RESOLUTION
PROCESSES
CONFLICT RESOLUTION SPECTRUM
Negotiation Mediation Facilitation Conciliation Grievances Arbitration Adjudication Litigation
More control over outcome
Less control over outcome
COLLABORATIVE, INTEREST-BASED
ADVERSARIAL, RIGHTS-BASED
Let’s work together to find common ground
You are wrong and I’m going to prove it

A survey of the top 1,000 corporations in North
America show most now use interest-based
processes to resolve disputes. Some view it as
a cost saving measure while others say it is
more satisfying process in terms of restoring or
improving relationships and finding meaningful
solutions to workplace problems.

Mediation is increasingly being used to reduce
litigation costs. For example, over a ten year
period, Brown and Root reported an 80%
reduction in litigation costs, Motorola reported a
75% reduction and NCR reported a drop in
pending lawsuits from 263 to 28.
INTEREST-BASED PROCESSES

Although rights are not ignored, the primary
focus is on finding a mutually acceptable
agreement that addresses the interests (needs,
wants, fears, concerns, hopes, values) of the
parties involved. This is not about compromise
but collaboration.

A fair, respectful, confidential process

The parties have control over the outcome
6-STEP PROCESS FOR CONFLICT RESOLUTION
CENTRE FOR CONFLICT RESOLUTION STUDIES
UNIVERSITY OF PRINCE EDWARD ISLAND
Tel 902-566-0707
CCRS@ UPEI.CA
http://w w w .upei.ca/conflictstudies
Copyright: Text may not be reproduced w ithout permission
Steps
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Activities
Skills Required
Set the Envrironment
 Introductions
 Describe Your Role and the Process
 Confidentiality
 Ground rules
 Powers of decision-making
 Active Listening
 Reframing
Identify the conflict
 Invite parties to give their perspective
on what the conflict is about
 Summarize the issues
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Active Listening
Broadening/Clarifying
Summarizing
Reframing
Map the Interests
 Identify and explore the interests of
each party
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Active Listening
Broadening/clarifying
Interest Exploring Questions
Summarizing
Reframing
Interest-Mapping
Identify Issues Agenda
 Explore the Interest Map to identify
the issues to be resolved
 Broadening/Clarifying
Questions
 Summarizing
 Reframing
Generate& Evaluate Options
 Generate list of potential options
 Evaluate options
 seek mutual solutions
 Brainstorming
 Summarizing
 Reframing
Verify and Close the Agreement
 Consequential , clarifying
questions
Which process on the conflict
resolution spectrum would have
worked best in your conflict? Why?
THE BEST SOLUTION TO WORKPLACE
CONFLICT IS PREVENTION

Environment – create a collaborative, problem-solving
environment where open communication is fostered

Attitude – embrace diversity; see conflict as an
opportunity to learn & grow

Skills – build communication & problem-solving skills in
both management and employees

Processes/Policies – develop clear policies and
interest-based, collaborative processes for resolving
problems and conflict
SOME UPCOMING COURSES IN MONCTON
October 18-20
Interest-Based Mediation
October 24- 25
Workplace Harassment Investigations
October 26
Progressive Discipline in the Workplace
November 6- 8
Getting Unstuck: Addressing Strong Emotions & Resistance
November 15-16
Resolving Conflict in The Not-For-Profit & Voluntary Sector
December 1
Addressing Power Imbalances in Mediation
January 17-19
Introduction to Interest-based Conflict Resolution
April 18- 20
Interest-Based Facilitation
VISIT WWW.UPEI.CA/CONFLICTSTUDIES OR CALL 1-877-440-2277
FOR MORE INFO ABOUT OUR PROFESSIONAL DEVELOPMENT
COURSES AND CERTIFICATE PROGRAM