In a recent article, we wrote about workplace dispute resolution. As dispute resolution professionals working throughout Nelson, Tasman and Marlborough, we understand that resolving issues in-house is often preferable. But, sometimes, third-party input will help you manage things more effectively. Read on to discover more.
The management dilemma
When parties cannot resolve issues between themselves, the lingering and potentially festering problem has a ripple effect throughout the business. This leaves management with a dilemma.
Here we look at how the mediator or conflict practitioner can help the business resolve and move beyond the dispute.
Conflict in the workplace can be a damaging and destructive force, which can escalate very quickly. Unchecked this can lead to discrimination, bullying, sickness, or disciplinary action. In short, such conflicts impact both employees and employers. Timely intervention is critical.
Barriers to uptake
There are still many employees and managers who are reluctant to engage in a restorative workplace dispute resolution process. The reasons for this may vary. Some are uncertain of the process. Others have concerns about confidentiality. And some worry that the process will expose them to further emotional stress. Finally, there is often a perception of a power imbalance when one party is senior to the other.
Some managers (be it HR or line) consider engaging an independent resource as a sign of failure. They (wrongly) see it as a poor reflection on their management or leadership capabilities. Therefore, it is sometimes turned to as a last resort, taken once all else has failed.
This is a shame and a lost opportunity. Especially as, in the meantime, the conflict has remained or got worse, adversely impacting staff morale and productivity.
The process of conflict resolution can take up valuable time. It can also be very costly to a business, especially if the conflict results in legal proceedings. But this is where we come in.
As skilled mediators based in Nelson (working through Nelson, Tasman and Marlborough), we know your possible concerns about the restorative process. Working separately and together with each party, we’ll provide reassurance. We do everything we can to facilitate a productive engagement. Such meetings are always confidential and non-binding.
Workplace Dispute Resolution – How it Works
The workplace dispute resolution process is very flexible and adapts to the specific needs as required. It still allows for separate, private one-on-ones with the mediator where someone is hesitant to raise specific issues directly with the other.
A critical area in resolution is emotional management. A dispute is stressful, and each party will likely have a quite different interpretation and emotional reaction to preceding events. This is not unexpected. A mediator’s key skill is to ensure emotional issues can safely be raised and addressed; this can often root out those issues that have informed the conflict and help the parties move towards a meaningful resolution.
As a neutral person, often the mediator can assist each party in understanding the other’s respective intent and the interpretation of events. From experience, this is a key component in enabling resolution. What was said, intended, and heard can differ wildly!
Ideally, we’ll record agreements in writing. Such agreements can be non-binding but signify each party’s commitment to future actions or behaviours. It also serves as a useful reference point for the parties later if the “wheels start to wobble”, cutting off any potential repeat of the previous dispute.
The Employment Dispute Resolution Service
In New Zealand, we are fortunate to have a free Employment Dispute Resolution service available. Consider that service, but if the dispute is live, evaluate that option against the cost of delay and the benefits of timely, face to face engagement. Further, the wider remit of an independent mediator engagement can present additional returns to the business through continuity, broader consideration of possible changes to avoid future disputes, the flexibility to expand the process to include others as identified as key to resolution, and specific conflict coaching or follow up if desired.
The key thing is if the situation is such that you can’t resolve it directly, recognise that it is more likely to get worse rather than go away and consider using a neutral third party to assist in resolving it.
Resolve It is based in Nelson. But our professional team can also help you throughout Tasman, Marlborough and further afield. Talk to us about workplace dispute resolution. You can find our contact details HERE.