A brief overview of the function, outcomes, eitology and effects of conflict in the workplace

1. Resolving WorkplaceResolving Workplace
ConflictConflict
Charles AudleyCharles Audley

2. Workplace Conflict ResolutionWorkplace 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 literatureRecommendations from the literature
 How to be an effective MediatorHow to be an effective Mediator
 QuestionsQuestions

3. Arbitration or Mediation?Arbitration or Mediation?
 Arbitration: A method of resolving a conflict in which disputingArbitration: A method of resolving a conflict in which disputing
parties present their case to an impartial third partyparties present their case to an impartial third party
(mediator), who then makes an evidence-based decision on(mediator), who then makes an evidence-based decision on
their behalf, resolving the conflict. This decision is typicallytheir behalf, resolving the conflict. This decision is typically
binding and final. Dominant process in the public sector.binding and final. Dominant process in the public sector.
 Mediation: A voluntary and informal process which againMediation: A voluntary and informal process which again
employs the use of an impartial third party (mediator) to arriveemploys the use of an impartial third party (mediator) to arrive
at a negotiated settlement. Typically non-binding and eitherat a negotiated settlement. Typically non-binding and either
appeals or stalemates are not uncommon. Dominant processappeals or stalemates are not uncommon. Dominant process
in the private sector.in the private sector.
(Bingham, 2004; Fox & Stallworth, 2009; Wall, Strak & Standifer, 2001).(Bingham, 2004; Fox & Stallworth, 2009; Wall, Strak & Standifer, 2001).

4. What can conflict teachWhat can conflict teach
us?us?
 Conflict is a natural and normal workplaceConflict is a natural and normal workplace
occurrenceoccurrence
 Can result in lowered morale, decreasedCan result in lowered morale, decreased
productivity, increased absenteeism & turnover, butproductivity, increased absenteeism & turnover, but
it doesnit doesn’’t have tot have to
 Can serve as a stimulus forCan serve as a stimulus for ““postformalpostformal”” thought;thought;
multiple realitiesmultiple realities
 During intra-organisational conflict, each party isDuring intra-organisational conflict, each party is
part of an interdependent team, often forgottenpart of an interdependent team, often forgotten
 Chance to improve communication/problem solvingChance to improve communication/problem solving
skillsskills
(Lloyd & King, 2001; Sinnott & Johnson, 1997; Weitzman & Weitzman, 2006)(Lloyd & King, 2001; Sinnott & Johnson, 1997; Weitzman & Weitzman, 2006)

5. TransformativeTransformative
MediationMediation
 Empowerment: the capacityEmpowerment: the capacity
for involved parties to makefor involved parties to make
decisions for themselves –decisions for themselves –
self determinationself determination
 Recognition: to beRecognition: to be
conscious and responsiveconscious and responsive
to othersto others’’ perspectivesperspectives
(Bush and Folger, 1994).(Bush and Folger, 1994).

6. More TransformativeMore Transformative
MediationMediation
 Not outcome focusedNot outcome focused
 Aim is to portray conflict as a growth opportunity,Aim is to portray conflict as a growth opportunity,
resulting in conflict transformationresulting in conflict transformation
 Guided by theGuided by the ‘‘whatwhat’’ andand ‘‘whywhy’’ questionsquestions
 60% completion rate, somewhat lower than other60% completion rate, somewhat lower than other
forms of mediation (around 65%-80%)forms of mediation (around 65%-80%)
 Currently used by the United States Postal ServiceCurrently used by the United States Postal Service
and TSA (USA)and TSA (USA)
(Ardagh, 1999, Bush and Folger, 1994).(Ardagh, 1999, Bush and Folger, 1994).

7. Problem Solving – The EvaluativeProblem Solving – The Evaluative
ModelModel
 Mediator takes an active role inMediator takes an active role in
evaluating the evidence andevaluating the evidence and
proposing solutionsproposing solutions
 While the mediator still assumesWhile the mediator still assumes
an impartial role, they are morean impartial role, they are more
active in deciding appropriateactive in deciding appropriate
grounds for settlementgrounds for settlement
 Often used in situations whereOften used in situations where
both parties require adjudicationboth parties require adjudication
on how their’ position accordson how their’ position accords
with existing social and legalwith existing social and legal
norms.norms.
((Fox & Stallworth, 2009;Fox & Stallworth, 2009; Waldman, 1998)Waldman, 1998)

8. 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 sought,Balancing act - the mediators opinion has been sought,
but to embrace the essence of mediation a neutral,but to embrace the essence of mediation a neutral,
equitable and unbiased solution is requiredequitable and unbiased solution is required
 Proponents claim the Evaluative Model is an oxymoron;Proponents claim the Evaluative Model is an oxymoron;
as the mediator should remain impartial, any subjectiveas the mediator should remain impartial, any subjective
valuation undermines trust and neutralityvaluation undermines trust and neutrality
 Advocates counter that disputants have sought theAdvocates counter that disputants have sought the
opinion of an objective third party; the mediator’s inputopinion of an objective third party; the mediator’s input
helps rather than hinders the construction of settlementshelps rather than hinders the construction of settlements
 Results indicate around 65%-80%”success” rateResults indicate around 65%-80%”success” rate
((Fox & Stallworth, 2009;Fox & Stallworth, 2009; Waldman, 1998)Waldman, 1998)

9. Recommendations fromRecommendations from
the literaturethe literature
 Mediation process is typicallyMediation process is typically
focused on an agreement orfocused on an agreement or
time limit – should betime limit – should be
expanded to include follow-upexpanded to include follow-up
over the ensuing monthsover the ensuing months
 Give participants theGive participants the
knowledge that chaos andknowledge that chaos and
breakdown are typicalbreakdown are typical
responses, the process takesresponses, the process takes
timetime
 Mediation is a cost effective,Mediation is a cost effective,
time-saving alternative totime-saving alternative to
litigation. The value lies in its’litigation. The value lies in its’
unique focus upon the needsunique focus upon the needs
and interests of the conflictedand interests of the conflicted
partiesparties
(Weitzman & Weitzman, 2006)(Weitzman & Weitzman, 2006)

10. How to be an effectiveHow 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 strategies andYour aim is to settle the dispute on a level playing field, ideally, with strategies and
outcomes the conflicted parties proposeoutcomes 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 and evenEnsure parties are adhering to the current issue, examples of past problems and even
name calling are detrimental to the process; specific behaviours or events are keyname calling are detrimental to the process; specific behaviours or events are key
 Try not to dwell on negativity, an effective mediator simply moves on and highlights theTry not to dwell on negativity, an effective mediator simply moves on and highlights the
positivepositive
 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, 1993)Bingham, 2004; Fox & Stallworth, 2009; Wall, Sillars, Strak & Standifer, 2001; Weitzman & Weitzman, 2006; Wilmot & Hocker, 1993)

11. SummarySummary
 Arbitration or Mediation?Arbitration or Mediation?
Depends upon the contextDepends upon the context
and sectorand sector
 Potentially a stimulus forPotentially a stimulus for
growthgrowth
 Transformative Mediation –Transformative Mediation –
outcomes selected byoutcomes selected by
disputing parties, internallydisputing parties, internally
drivendriven
 Evaluative Mediation –Evaluative Mediation –
guided by moderator whoguided by moderator who
evaluates the facts,evaluates the facts,
chooses a course of actionchooses a course of action
for opposing partiesfor opposing parties
 Moderator crash courseModerator crash course

12. ReferencesReferences
 Ardagh, A. (1999). Transformative mediation: the opportunity and the challenge.Ardagh, A. (1999). Transformative mediation: the opportunity and the challenge. Alternative DisputeAlternative 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 ResolutionConflict 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 throughThe 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 toFox, 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.reolving and preventing workplace bullying: alternative dispute resolution and training. ConsultingConsulting
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 TherapyOccupational Therapy
InternationalInternational, 8 (, 8 (44), 227-243.), 227-243.
 Sillars, A. L., Wilmot, W. and Hocker, J. C. (1993). Communicating strategically in conflict andSillars, 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. MarquetteMarquette
Law ReviewLaw 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 development.Wall, J. A., Stark, J. B. and Standifer, R. L. (2001). Mediation: a current review and theory 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 forWeitzman, 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.