What Is It and How to Manage It if There Are Different Ways - Example

A REFLECTIVE JOURNAL ON MANAGING WORKPLACE CONFLICT WHAT IS IT AND HOW TO MANAGE IT-IF THERE ARE DIFFERENT WAYS Conflict is defined as a disagreement through which the parties involved perceive a threat to their needs, interests or concerns. It is a part of the organizational life and one should not consider it as a negative phenomenon all the time. Although it poses a difficult time but a careful handling can also be viewed as a learning experience. To understand conflict, we need to understand various factors of conflict. Disagreement is the basic factor of conflict. When examined closely, it is more of a ‘perceived disagreement’ than just disagreement. On many occasions, people get influenced to be part of a conflict because they are part of the workplace. Sometimes there is a confusion regarding who is involved in the conflict and someone may be a part of a conflict without his knowledge and it is also possible that someone may be thinking that he is part of the conflict but he is not. Just like the disagreement could be a perceived idea, the threat can also be perceived rather than true. The most important factor of the conflict is the problem or the real problem. Most of the times the problem is supposed to be the obvious substantial problem that may be creating a near-term effect, but one must look beyond that and find out the procedural and psychological factors that could be the real problem. Understanding people’s behaviours can help us understand and resolve conflict. Some people have a competing style and they put their needs over the needs of the others. They usually have an aggressive style of communication an may be coercive. They do not have much regard for future relationship. They like to be in control and increase the level of threat in the other person. Some people have accommodating nature and they want to preserve the relationships. That makes them yield their needs to those of others. These needs may remain undefined most of the times. Some people simply avoid the situation of conflict. But this leads to a blow up and leaves people more confused. The avoided and unaddressed conflict grows and reaches a beyond repair stage. A compromising approach believes in give and take but it may fail to understand the perception of the other people. This may not cover up for a lack of trust and a disguised hiding from the problem. Conflict is a complex set of issues that need very careful handling. A positive approach can turn it into a learning opportunity. In a workplace, conflict rises when stress rises. Most of these can be easily solved if there is a system through which people can express their problems and concerns without any fear or backlash. Since stress is the main cause of conflict, if care is taken to remove unnecessary stress causing factors, then it can help control the situation. Collaborating could be an effective mathod of resolving workplace conflict. It is oriented towards combining the individual needs with a common goal. It is based on assertive communication and cooperation. A consensus and integration of needs can not only resolve the problem but it will raise the energy level and positivism in the workplace. MEDIATION MODELS THERAPEUTIC VS BARGAINING MODELS In 1985, two professors of Wellesley college, Sally Merry and Susan Silbey, identified some mediation styles on a continuum between ‘bargaining’ and ‘therapy’. Those who believe in bargaining method have a negative view of the legal system. They find it inaccessible, slow and costly. They also believe that they have an expert understanding of the law and the court system. Believers of the ‘therapy’ style, also discard the legal system but their reason is that it deteriorates personal relationships. They believe that they have an authority in managing personal relationships. According to Sally Merry and Susan Silbey, the characteristics of the bargaining model are like- their purpose of mediation is to reach a settlement. They spend more time in individual sessions. They assume parties know what they want. Their focus is on demands that can be traded off. Their assumption is that conflict is caused by differences of interests and a settlement can be reached by trading of the benefits. Those who follow ‘therapy’ model believe that the purpose of mediation is to help parties reach their own solutions. They encourage direct communication between the parties and assume that the parties do not always know what they want. They help parties to define their real issues and assume that the source of conflict is a result of misunderstanding or failure of communication. Their emphasis is on resolving the conflict through rational discussion and compromise.(Bill Warters, 2000) DIRECTIVE VS NON-DIRECTIVE MODELS A directive model believes in teaching people what they need, whereas non-directive method believes that people should not be told what to do. It believes that insight leads to a changed behaviour. Once people understand why things have gone wrong, they will change. Both have their limitations. Too directive model is not very effective because unless people have their own conviction to change, there will not be a long term effect. A non-direct method is also not very effective because total absence of guidelines does not provide any solution. But with proper guidance through indirect model can help people realize their problems and find the solutions themselves. Questioning, listening and suggesting can make this technique more effective. MANAGING WORKPLACE CONFLICT: WORKPLACE BASED DISPUTE RESOLUTION: * A HISTORICAL PERSPECTIVE * The concept of conflict resolution started in 1950’s and 1960’s. When the Cold War was at its peak the conflict between the super powers were a threat to the world. That time the need for conflict resolution was felt and later it developed as a specialized study and was applied in various different fields. Research groups and formal centers were formed in North America and Europe. Professional journals started to develop ideas on these lines. But these were not taken seriously. Later in 1970’s and 1980’s, it gained more ground. The number of journals and institutions increased rapidly. This helped the growth of various subdivisions of conflict resolution as a subject. The development of conflict resolution can be studied by reviewing the peace research and non-violence movements. These have the roots of this subject. Many individuals also helped develop the practice and theory of conflict resolution like Mahatma Gandhi, Kenneth Boulding, Johan Galtun and John Burton who were the founders. Herbert Kelman, Roger Fisher, William Ury etc also helped to take it forward.( History of Conflict Resolution, http://www.brad.ac.uk/) THE GROWTH AND TYPES OF ALTERNATIVE DISPUTE RESOLUTION IN AUSTRALIAN WORKPLACE During 1980’s Many alternative dispute resolution schemes came up in various jurisdictions. In various laws like family law, consumer law, residential tenancies and equal employment opportunity , mediation or conflict resolution has been included. In the courts also where there are backlogs of cases and the disputants are agreeable, mediation is offered to them (Limbury, 1991) In Australian industrial relations, tribunal based ADR are exceptions because traditionally state and federal industrial tribunals have practiced conciliation and arbitration. In the Australian workplace an individualized form of ADR is coming up as a private alternative to the public system. The growth of private ADR has its roots in legal and political environment, the growth of individual contracts and management consultants and also the decline of unionism.( Gramberg, B.V.,2001) DISPUTE RESOLUTION PROCEDURES For resolving conflict, one may feel the need of assistance and choose either a formal avenue like grievances and EEO complaint processes or they can opt for informal avenues like Alternative Dispute Resolution (ADR). ADR is a more personal option that helps employees to improve communication, build relationships and develop understandings. ADR process can be started by any employee by contacting the agency’s ADR program. Mediation is the most commonly used techniques in the ADR. In this process, the mediator, who is a trained neutral person, explains the procedures and ground rules to the participants. Then the participants express their concerns and their probable solutions. The mediator’s role is to provide structure, balance and fairness to the whole process. He may meet the participants separately to understand their point of views. ADR is offered as part of the EEO and grievance processes. EAP or Employee Assistance Program is a professional counseling and referral service to help resolve workplace conflict. This voluntary 24 / 7 service provides assistance to problems related to emotional, relationship issues and also legal and financial consultation. According to the Workplace Relations Act 1996, a workplace agreement should have the procedures for resolving workplace conflicts. The parties can decide what kind of resolving procedure they want to have. They can have a third party if they want to. They can choose the AIRC for intervening in conflict resolution. Australian Industrial Relations Commission has the power and function for the purpose of dispute resolution. There is no limit on the matters that can be included in it. The commission works to settle the disputes for mutual benefit of the parties. Normally the commission will meet the parties at a time and place suitable to them and give a timely decision. The Commission provides assistance and the parties can choose what level of assistance they want. They can also choose what powers the Commission should exercise and the procedure it will follow. The Commission can assist them in designing an agreement to meet their needs and provide advice regarding other issues if they need it.(http://www.airc.gov.au/>) AN EXAMINATION OF GRIEVANCE PROCEDURES The administrative grievance procedure helps an employee to put up concerns about dissatisfaction and work issues with the management. An employee can file a grievance and the management examines it and gives a formal response. Administrative grievances can address many problems but there are some listed problems that do not come under it. These are mostly related to termination of job or other matters like promotion or incentives. Once an employee has given an informal grievance, either oral or written, he is supposed to receive a response in 15 days time. If he is not satisfied with that decision, he can take it to the next higher level. This has to be a written grievance within 5 to 15 days after the first decision. The decision made at this level is final. A negotiated grievance procedure is a procedure which is developed by the management and the union. It helps to negotiate workplace conflicts at the lowest possible levels. It can cover most of the issues concerning employment and related issues but few subjects as retirement, life insurance and health insurance are not covered by it. The union and management can decide to exclude some issues from this procedure. Then these issues will be addressed by the administrative grievance procedure or any other alternative system. Before filing a grievance it has to be confirmed that the employee is in the bargaining unit. Grievances can be filed by the union on behalf of an employee if the outcome can have effects on the bargaining unit. Normally this grievance is taken up by the employee’s supervisor or other senior officer. After he has examined and given his decision, and the employee is not satisfied he can raise it at the next higher level. If he is not yet satisfied then the matter can go to an external arbitrator.(Managing workplace conflict: Understanding the Options, Pagebang.com) THEORY AND PRINCIPLES REGARDING WORKPLACE GRIEVANCE RESOLUTION: * CONCEPTS OF RIGHTS, POWER AND INTERESTS IN CONFLICT RESOLUTION Conflict resolution has three heuristics(Ury, Brett And Goldberg, 1980) – rights, power and interests. These heuristics help prevent problems like strikes and lockouts or similar disrupting effects. The first heuristic is about the relationship between three ways of resolving disputes. The first attempt should be to resolve conflict at the lowest level by negotiating interests. The focus should be shifted from what they ‘can’ do to what they ‘should’ do based on their interests. Interest based solutions are better and more negotiable. One should go for the rights based approach as a second choice if the firat one failed. A rights based approach could be something like a legal suit. Strikes etc are power based approaches and should be used as the last resort. Negotiating interests technique is best suited because it is less expensive than the right based or power based approaches. It is more satisfying also for both the parties. In other approaches, the grievance may be solved for one party but the other party can still hold grudges. They take more time also in comparison to the interest based negotiation. ISSUES OF WORKPLACE JUSTICE, NATURAL JUSTICE AND PERCEPTIONS OF FAIRNESS; ETHICS Workplace conflict resolution is about the employer giving the right to the employee the access to the grievance and disciplinary procedures.(SIPTU, 2006) The fairness lies in existence of such a system. A ‘fair procedure’ is the right of every employee. This is also called the ‘natural justice’. The main elements of natural justice are like getting full notice of the charge, the right of representation and a full investigation, opportunity to develop a defence. It allows them to not to be dismissed by their immediate boss. It also regulates the penalty and provides for a suspension with immediate effect. It gives an opportunity to go for a higher level appeal and considers the employee innocent unless proven otherwise. The most important thing is that it aims for improvement rather than punishment. Ethics is an important factor for conflict resolution and helps build mutual trust and general credibility. Ethics define the basic values and ground rules defining people’s behaviour and interactions. ANOTHER RELEVANT ISSUE Although there are specific rules that govern workplace conflict resolution and they also have specific procedures and norms, but there are still some areas that need to be refined. Generally human resource managers are assigned the duty to resolve workplace conflict as a third party. But according to Gramberg and Teicher, this contradicts the inherent nature of human resource management as well as Australian industrial relations legislation. They claim that the human resource manager represents the firm and cannot be considered as a neutral third party. (Gramberg & Teicher, 2006) Conclusion Conflict resolution is an important aspect to improve productivity. The most important thing to remember is that conflict will be present in a bigger or smaller ratio. Avoiding or suppressing it will not help. It may delay its surfacing but when it keeps growing and finally erupts, then it will cause much more damage. All the topics and aspects discussed above, define conflict and also provide all existing solution but at the same time further research is also needed to make it more foolproof and effective system. Reference: Managing neutrality and impartiality in workplace conflict resolution: The Dilemma of the HR manager by Bernadine Van Gramberg, Victoria University, Melbourne; Julian Teicher, Monash University, Melbourne.; Asia Pacific Journal of Human Resources, vol 44, No. 2, 197-210, 2006 ) SIPTU, 2006 .() .( Gramberg, B.V.,2001, Exploring Avenues for the Growth of Private Alternative Dispute Resolution in Australian Workplaces, Victoria University of Technology) History of Conflict Resolution, http://www.brad.ac.uk/) Bill Warters, Thinking about Variations in Campus Mediator Style, Conflict Managent in Higher Education Report, Vol 1, No. 4, Nov/ Dec, 2000, Bill Warters, Mediation in the Campus Community: Designing and Managing Effective Programs (Jossey-Bass, 2000) VAN GRAMBERG, B, (2006), MANAGING WORKPLACE CONFLICT, CHAPTER 1,2 COOKS, L.M. AND HALE, C.L., (1994), THE CONSTRUCTION OF ETHICS IN MEDIATION, MEDIATION QUARTERLY, 12 (1) 55 URY, BRETT AND GOLDBERG, PART 1: PP 1-83 Read More