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

Conflict is Inevitable

Conflict is Never Hopeless

Conflict Always has a Common Ground

Conflict is Resolvable
February 12, 2015
SIHRMA Meeting Presentation
4
Practical Solutions for
Resolving Conflict - Step One
Assess your approach to conflict
 Withdraw (avoid)
 Smooth-over (accommodate)
 Force (competition)
 Bargain (compromise)
 Problem-solve (collaborate)
February 12, 2015
SIHRMA Meeting Presentation
5
Practical Solutions for
Resolving Conflict – Step Two
Assess the Source of Conflict
 Inaccurate or incomplete information
 Inappropriate or incompatible goals
 Ineffective or unacceptable methods
 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
 Gather information
 Do not acquiesce just to be “Nice”
 Invite different views
 Seek understanding each position or
issue
 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



Open Door Policies
Peer Review Panels – Performance
Management
Grievance Procedures



Informal - Internal
Formal – Union Contract
Alternative Dispute Resolution



Facilitation
Mediation
Arbitration
February 12, 2015
SIHRMA Meeting Presentation
8
Alternative Dispute Resolution

Facilitation

Mediation

Arbitration
February 12, 2015
SIHRMA Meeting Presentation
9
Facilitation




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






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




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

Facilitation

Mediation

Arbitration



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






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



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
 To neutralize situation
 To emphasize need for
resolution
 To preserve working
relationships
SIHRMA Meeting Presentation
17
Guiding Principals for
Managing Conflict


Preserve dignity and self-respect in terms of
both process and outcome
Do not focus on personal attributes or
personalities


Stop the conversation when it becomes personal
Listen with empathy not sympathy

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

Focus on observable, objective conduct




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