Partnering with Human Resources
Looking into dispute resolution options
Working with the union
Customizing a conflict resolution infrastructure
Even if you work in the smallest of companies, you may not be completely on your own when the inevitable conflict arises. Companies that recognize the cost of unresolved conflicts will offer various resources to help employees resolve issues early on. And those companies that haven't invested in large-scale conflict resolution strategies usually offer at least a few basic services.
This chapter takes a look at the most common conflict resolution resources, describes what each can and can't do, and helps you determine which option will best meet the needs of your current circumstance. It also looks at how you can help design a conflict resolution system for your organization — one that addresses current and future dispute resolution goals.
The Human Resources (HR) department is a valuable resource to anyone in the organization. Most employees see HR as a compliance office — the place that makes sure everyone is following the rules and regulations. But that's not all HR does. It ensures that your company is implementing policies that protect the organization, helps managers realize the liability they carry through their actions, and sees to it that employees are meeting company expectations. HR receives a complaint, investigates the situation, and determines a course of action to protect everyone involved.
Tip
HR experts work hard at balancing efforts between employees, the company, and the law. Take advantage of their objective viewpoint when you need more information or want coaching on how to handle a problem.
In times of conflict, think of your HR department as a partner that can help you create an action plan. HR professionals know what conflicts can cost a company. Although HR staff members definitely have an eye on compliance, they often work beyond documentation to coach an employee through conflict and direct him toward resources that educate and reduce similar situations in the future.
After HR has taken any required steps to document a situation and protect the company, it can also
Provide an employee the opportunity to save face and build confidence. No one likes to be reprimanded. Giving an employee the chance to share his perspective and ask for what he needs in the future helps that person feel better about the overall situation. Being a part of creating a solution builds confidence in the employee instead of being seen as a problem that needs to be "handled."
Provide insights into your management style. HR can look at how you manage employees and help you identify your strengths and weaknesses — what is or isn't working. They can provide tips on working with staff in a manner that you may never have considered.
Help you manage your employee on an individual level. You've probably found a management style that works for you and most, of your employees. But no matter how foolproof your style is, you're bound to have an employee who isn't as comfortable with your approach. HR can help you tailor your approach to that individual to reduce conflict and help you get the most out of your employee.
Although you'll have many opportunities to use the skills in this book to resolve conflict, sometimes you shouldn't take action on your own. If you have any concerns that you or your company may be liable because of something you say or do, ask the HR department for help.
HR professionals can advise you when
Sexual harassment complaints surface against you or another employee.
You're concerned about any act that could be considered discrimination or you've received direct complaints of discrimination.
You've received reports that an individual in the company has bullied another person or group of people.
There's any indication, threat, or act of violence.
You feel that there may be potential security threats.
If you're unsure whether a scenario should be presented to HR, err on the side of caution. HR offices often have access to in-house counsel or an employee relations attorney who can help guide you when situations are tricky.
HR can be a wealth of knowledge when it comes to providing in-house training or arranging for contracts with outside professionals. Trainings can be arranged for everything from workplace safety to harassment prevention and from diversity awareness to conflict resolution skill building.
HR staff should be familiar with all the trainings offered through the company's EAP (see the later section "Identifying employee assistance program options"), so be sure to ask for a comprehensive list. They also have local HR support chapters that often offer free training as well. Ask them to research what's available and help you find the right training to meet the needs for your situation.
The HR department has probably worked with most employees from the beginning of their careers with the company. They write job descriptions, interview potential candidates, and help hire the right person for the job. These folks protect the company by keeping detailed records on each employee, so if you're having difficulty with an employee, HR can help by looking into the employee's history to determine if this is a one-time incident or a behavior pattern. They should have a record of what strategies have been taken with the employee and can reference previous performance evaluations that include areas that the employee needs to improve, helping you determine your next course of action. For example, if tardiness has only been a problem for an employee recently, a quick chat and schedule adjustment prior to a major discipline action makes sense. But if you find that the employee has had many documented warnings about tardiness, a more formal approach with documented objectives and consequences may be the best course of action.
Tip
If you ask HR to look into an employee file, be sure to check for any information regarding special accommodations that he's legally entitled to.
Note
A new manager shared a story with me about his first few months on the job in a lumber mill. He'd inherited a group of employees who were disgruntled with a co-worker who was taking longer lunches than the rest of the crew. When the manager called HR to talk about disciplinary actions, he learned that special accommodations had been made for the employee to receive treatment for a medical condition during his lunch break. The manager was relieved that he had decided to seek HR's advice. They saved him from embarrassing himself and the employee. Instead of recommending disciplinary action, HR was able to coach the manager regarding the medical condition and helped with language he could use with the other employees while still complying with the law.
Employee assistance programs (EAPs) are a great resource if you feel that outside stressors are contributing to workplace conflict. These programs are often underutilized and provide a confidential outlet in which to work through many situations that may be out of your control as an employee's manager. EAP benefits are a packaged resource available to all employees in an organization to help with various transitions or difficulties in life. Contact the person in your organization in charge of employee benefits to investigate EAP options; they may be a part of your health insurance plan or provided by an independent vendor or broker.
EAP resources vary depending on the package your organization has purchased, but they usually include free counseling sessions to help staff through a hard time. If an employee needs someone confidential to talk with, an EAP can match him with a professional who specializes in a particular area of difficulty, such as:
Addiction issues
Family care needs
Legal referrals
Relationship/family dynamics
Mental health matters
There's no one cookie-cutter standard for workplace dispute resolution options, so do a little investigating to see what's available in your company. All the services may be found in one central location, or you may have to check out different areas and departments for specific resources.
Tip
Talking openly and honestly about conflict resolution options helps your staff feel positive about the subject rather than feeling like the bad kids who have been sent to the principal's office for schoolyard fisticuffs. Familiarize yourself with what's available and how people can access it, so you can use the resources and encourage employees to access services on their own. Proactively presenting them to your team as valuable tools that you support encourages their use.
In a typical mediation program, the parties involved are assigned a mediator or they can choose a mediator they both agree on. The process is confidential and allows employees the opportunity to return with an agreement that they can share or keep to themselves.
If your company has a mediation program, it may be accessed through any number of avenues (such as HR, an EAP, or the ombudsman office), or it could be its own independent department. Generally, a mediation program has trained or certified mediators who can facilitate a discussion between you and another person, or you can refer employees to the service. If you prefer, you can take on the task of mediating a meeting between two employees (see Chapters 6 through 9) or an entire team (see Chapter 10).
Tip
Keep in mind that mediation is not, a tool to use only when a problem escalates beyond what you can comfortably handle. Use it early on to prevent a problem from getting out of control.
Note
I mediated a case referred to me by HR between an executive and a shift manager at a resort. Both people were nervous going into the process, but within a few minutes, the two were talking productively and they barely noticed I was in the room. Within 20 minutes, they realized that they had received different information from their employees and immediately committed to having regular meetings to communicate directly about the resort's business. Having early access to mediation allowed them to resolve the situation before their relationship broke down to the point of no return.
A shared neutrals program, is made up of various individuals in the company who have been trained as mediators. They're selected from different departments and have different levels of authority within the organization, with the goal of creating diversity in the group. Shared neutrals programs are more common in large corporations, universities, and government agencies, though the concept is catching on and is often implemented in other establishments that are open to applying a little creativity to conflicts.
Some organizations partner with a similar agency or business as a way to create an extra layer of confidentiality. These organizations contract with each other to share their trained neutrals. It's an effective way for a company to bring in mediators from another company who are unknown to its employees, allowing for anonymity in their facilitated discussions.
I know of a group of construction companies that have a shared neutrals program that provides experts in construction. Though I firmly believe that a skilled mediator can facilitate a workplace conflict regardless of her familiarity with a particular industry, it can sometimes be helpful to have a mediator from a shared neutrals program onboard who understands the jargon and the way industry-specific nuances may affect the situation.
An ombudsman, is a person who is trained in various conflict resolution techniques and who's available to everyone in your establishment as a confidential resource for resolving disputes at the lowest level possible. What does that mean? It means that if you or an employee needs a safe place to talk, vent, troubleshoot, or brainstorm any topic, an ombudsman can hear you out and help you choose the best path for you and your unique situation.
An ombudsman office is founded in confidentiality. In fact, it's often said that the greatest piece of equipment in an ombudsman office is the shredder! Unlike other company resources, an ombudsman isn't required to keep records of meetings or details. In fact, when you're concerned about sensitive topics, he can be a great sounding board to help you consider all your options and get you started on a plan of action.
Note
The ombudsman will keep confidential the information you discuss with the office. Be aware, though, that certain scenarios are not protected. Threats of physical harm to oneself or others and any threats to property or possessions aren't protected by confidentiality and will be reported.
If you decide to talk to your ombudsman, know that you're always in control, so don't worry about the conversation getting away from you. An effective ombudsman shouldn't force you to take a particular path, and it's likely that merely having a discussion with him will make you, or any employee, feel better. If, however, you decide that more needs to be done, you can always return to the ombudsman later to get coaching on how to approach specific individuals or situations. You can also ask him to contact the other person so that the two of you can sit down together to discuss the problems you're having. Often just knowing that the situation won't be documented is enough for the other employee to be willing to come to the table and open up.
Note
I knew an employee who was feeling sexually harassed by his supervisor. He was uncomfortable filing a formal complaint, so he chose to talk with the ombudsman before doing anything else. The ombudsman listened and helped him talk through all the options available, including filing a complaint with HR. After the conversation, the employee was armed with an awareness of all his options to resolve the matter and chose to tell his supervisor specifically what behavior needed to stop. The supervisor was temporarily embarrassed and apologized, but the issue didn't damage her career.
Take the time to build a relationship with the union and its leadership, and you may find them to be a great resource in resolving conflicts early and cost-effectively. Talking to the organization about your mutual conflict resolution goals and brainstorming what you both can do to work toward those goals can benefit both sides.
Note
Extending an offer to work together goes a long way in creating a strong working relationship that produces effective results.
Tap into the power of unions by
Identifying the conflict resolution framework: During the collaborative bargaining process, employees organize together to negotiate their working conditions with their employer. Everything from salary to how disputes are resolved is on the bargaining table to be negotiated. Many management teams and unions develop mediation programs during this time as well as beyond collective bargaining agreements to allow an employee to request mediation as a means to resolving workplace issues.
Harnessing the strengths of the union: Unions have hired staff that are experts in dispute resolution and are available to come to the workplace to help address issues or conduct trainings. Some even contract with outside experts for training and mediation to resolve disputes for their members. Typically, a union grievance procedure specifically refers to the use of mediation as an optional or mandatory step prior to labor arbitration. Ask the union in your workplace what resources they can contribute to address your particular situation.
Tip
If you're in the middle of a multiyear collective bargaining agreement, consider speaking to the union representative about drafting a side agreement or memo of understanding that outlines a workable dispute resolution process. See what steps you can take now, instead of waiting for regular contract negotiations to begin.
Conflict is inevitable, but it doesn't have to affect you negatively. Instead, look at conflict as an occasion to hear what's most important to others, so you can draw out ideas that strengthen your company, making it more resilient for the future and allowing it to be at its best today. It may be counterintuitive to see conflict as an opportunity rather than a problem, but think about it in terms of what you can do now and what you could do in the future to strategically place dispute resolution in a forward-focused business plan.
Designing a conflict resolution plan means giving several members of the organization the skills they need to resolve conflicts early, as well as providing a variety of avenues for them to seek support in resolving conflicts. The greater the number of alternatives, the more likely it is your people will be proactive in resolving their own conflicts. Having an array of options available allows people to choose a resource they're most comfortable with and increases the likelihood that they'll resolve conflict before it escalates.
You may not be in a position to change the overall culture of your entire company, but you can change the culture of those who work directly for you and share your successes with those up the ladder. If you're not entirely comfortable requesting that the organization develop a formal conflict resolution plan but want to lead by example, you can consider taking the steps outlined in the following section.
Providing training in conflict resolution helps employees become aware of the behaviors that affect others. It also gives them the skills to begin addressing those behaviors and conflicts on their own. Schedule trainings that start with communication basics, demonstrate active listening skills, identify conflict styles for each person, and teach how to approach a co-worker when conflict arises. Have the team receive the same training (together or at separate courses) so they have a common framework that everyone works from.
Training a select number of employees as mediators can be a great way to supplement the company-wide training. Be sure to have a diverse group of mediators so that employees are able to choose someone they're comfortable with. If your work group is small, start with yourself and add others later.
Identify resources outside the company that provide conflict resolution services. Having an idea of where you can turn if a conflict escalates beyond your skill set is a smart, proactive move that keeps you from having to scramble in the heat of the moment. Plus, outside mediators provide another layer of confidentiality that's an important factor for most employees. (For more information on hiring a contracted mediator, see Chapter 14.)
Be sure your employees know everything that's available to them (trained mediators, EAP, ombudsman, HR, and so on), so they can choose what's most comfortable. If they're limited to contacting only one person for help, they may be less apt to approach conflict from a solutions-oriented perspective.
Note
I mediated a case in which a conflict had been going on for two years because the employee had a bad relationship with his union representative and wouldn't ask her for help! The employee called me on his own dime, and the conflict was resolved in a few weeks.
Make information available in multiple formats and locations so your staff doesn't have to spend hours searching through employee handbooks to find what they're looking for. The easier it is for an employee to access the resource, the more likely it is he'll use it.
No matter how far a conflict escalates, always create an opportunity for parties to come back to the table to resolve it. Even if you're on the verge of a lawsuit, the climate may still be ripe for settling a case. Be open to any requests to settle while you still have some control over the outcome.
Having support from the top down is absolutely necessary for a successful conflict resolution plan to work, so consider who else in the organization would be interested in adding to and improving your existing resources. If you're currently in the middle of a conflict, now may not be the best time to take on a company-wide initiative, but if you're interested in working with like-minded people to build a system that creates opportunity out of conflict, consider the options covered in the following sections.
Spreading resources throughout the company is a strategic approach to conflict resolution. An HR department that's trained in conflict resolution (instead of simply stating policy or documenting issues) could provide added coaching and resources to employees facing difficulties. They can bridge the gap between a company that says it values conflict resolution tools and a company that actually uses resources through a well-written, and actionable, dispute resolution policy. Limiting the role of HR limits the possibilities.
When employees go through a formal grievance procedure to resolve a conflict, it can be costly on a number of levels. (Chapter 5 describes some of the hard and soft costs of conflict, as well as the cost of doing nothing.) One way to limit the damage is to set up a confidential peer review panel that allows an employee to appeal a company decision to a group of his associates. The panel reviews a decision and reports back in a hearing format whether it believes the company has made a fair and just decision. Hearing from one's peers that the decision was the right one reduces the likelihood that a person will continue to fight the outcome. Similarly, if the company is found in error, an opportunity for learning and adjusting is created.
Take a look at what currently exists and assess areas for improvement or expansion. Pay special attention to whether the agreement provides a viable conflict resolution plan.
Note
Early detection of issues is a good thing.
Involve as many voices as possible to create a representative perspective. Having buy-in from the union membership early on allows you to avoid unnecessary surprises down the line. Use the union's strength to benefit all sides.
Research what conflict resolution initiatives have been created by comparable companies and their unions. Oftentimes, a union will turn out to be an excellent resource in knowing what's working in other companies; it may have access to the union locals' conflict resolution contract language.
Finally, joint labor-management conflict resolution trainings can go a long way in assuring that both sides are speaking the same language when working through conflict. Plus, they can keep the costs low by sharing expenses.
Employee handbooks typically have a dispute resolution section. If yours only has a few steps before you're required to document behaviors in an employee's file, you're possibly setting up employees to fail from the get-go. Emotions that may have been manageable with a different method can spiral out of control when permanent records are involved, so find ways to include steps and language that give employees a chance to make things right.
Creating your own company-wide plan for resolving conflict can seem overwhelming and expensive. But you don't have to spend a ton of money all at once to reap the benefits of creating an organizational culture that resolves conflict early on — there's more than one approach for getting it right. So be open-minded while you figure out what's best for your company. Here are some things to consider as you get started:
Determine what conflict is costing the company by checking out the line items in Chapter 5. Having an idea of what you're currently spending on conflict (or what you're spending by ignoring conflict) helps make a case for setting aside money to build a conflict resolution plan. What executive doesn't understand return on investment? So approach any budget requests from that perspective.
Look at some of the ideas in the sections "What you can do" and "What your company can do," earlier in this chapter, to assess what you're doing well and where you can improve., Some of the suggestions cost very little to get started, such as peer panels and modifying existing training seminars.
Identify key players in your organization. Who else may be interested in resolving conflict early on? Are there others who are already trained as mediators? Ask your HR department what skills they use in resolving conflict before it escalates. Keep sharing resources and include as many people from different areas to build on what exists. Work with the union to see how mediation can expand beyond the current processes.
Research what resources are available in your community. Is there a dispute resolution center or community mediation center you can access? Most centers are nonprofit and use highly trained mediators to resolve a variety of issues including workplace disputes at a relatively low cost.
Start small and track your success. It's okay if your company is only able to afford to train one person in conflict resolution or the budget only allows for a one-day training for middle managers. However you start, track any noticeable changes as a way to show tangible results when you go to bat for more dollars. Keep track of whether
Managers are dealing with complaints better.
Employees are having fewer conflicts.
Complaints made to HR and/or the union are decreasing.
Employee turnover, use of sick leave, and tardiness are declining.
Commit enough money to support your plan for conflict resolution. Earmarking even a small amount of money each budget cycle to strengthenconflict resolution can provide a solid return on investment.