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Calling for EOI – Workplace Investigations and Mediation training!!

We have recently had some interest from our clients to run our popular Workplace Mediation and Workplace Investigations training publicly again.

 If we are able to facilitate getting a small group together we would love to assist in getting this off the ground, so we are calling for expressions of interests to see if you have any new or existing employees who may be interested in attending either of these programs?

The date for both courses is yet to be confirmed as we will work with you to coordinate and confirm the most suitable date for the training.

To find out more about the content of our programs click here.

If you are keen to express your interest in one of these programs or you have employees you would love to send along please let us know by close of business, Friday 24th August 2017 by emailing your EOI for the program(s) you are interested in to… email@peelhr.com.au

An intervention to resolve a workplace conflict can only be truly effective if it is done for a long term result. Workplace mediation that fixes the immediate conflict and doesn’t consider preventative measures is a job half done. It’s like listening to the hit, not the LP. Rather than take a traditional approach of addressing the immediate relationship conflict, take a more contemporary holistic risk management approach of understanding what is underlying the conflict and address it.

What are the contributory factors to the immediate conflict as they could be impacting other relationships in conflict or simmering below the surface. Sustainable outcomes can not be achieved if we are sending the people, post mediation, back into a climate or environment fertile for further conflict. Find the root causes and change the environment away from one that cultivates conflict.

What could be the underlying risk factors ? Click Risk Factors - Unhealthy Workplace Conflict for a table setting out some practical examples.

When the risk factors are identified they should be caught and referred to the appropriate person to further consider and action them. The risk factors might be identified by regular systemic reviews or analytics. They might be identified by the mediation parties during the mediation, the HR Leader conducting the mediation may identify them in the mediation or in the proceedings leading to the mediation. To be further on the front foot, your Leaders should be identifying the risk factors in their day to day operations. That way, they are identified as early as possible and eliminated or controlled.

Providing your Leaders with the core competencies in managing workplace conflict is an organisational necessity. Building the competency within your leadership means that early resolution or better still prevention of unhealthy workplace conflict can occur.

Conflict left unattended can escalate to bullying. Not only lost production and decreased engagement but the business will suffer costs in managing a complaint and potential workers compensation claim. Taking a more moderate perspective, international research shows that workplace conflict costs leaders 20 – 30% of their time each year in responding. Even if the time spent in your business is less – say 15%, this still is a significant cost to the business. With an average TRP of $80 000, that is a cost of $12 000 per leader. If you have 50 leaders across the business, this is an annual cost of $600 000. These are conservative figures.

Peel HR offers training in holistic workplace mediation. We deliver both 1 ½ day programs for HR Professionals and 1 day programs for Leaders. Ask us about them

It's not easy knowing when to mediate and, once you are in there, achieving a successful and sustainable mediation outcome.  Like any other craft there are some tricks and techniques to help you along the way.  Here are some key lessons learnt through our mediation practice that you may find valueable when tackling your next workplace mediation.

• Ensure your mediation outcomes are clear, measurable and achievable.  Vague agreement must be avoided.  Agreements between the parties should be concrete and pinned down with detail so there is a clear understanding about what changes are necessary to restore a productive working relationship.  Dont allow the 'I'm going to be nicer' commitment to wash - it is not a real and sustainable mediation outcome.  Your Mediation Action Plan might look similar to a performance plan - what is the action, who else needs to know about it, how do we measure it, what could impact it and when do we know we have succeeded.
• In a mediation, identify any environmental or systemic change required to re-adjust the workplace in order to prevent the conflict from re-occurring.  Take the opportunity to go beyond the human cause and consider process, system or organisational factors.  Actions to eliminate them will most likely belong to someone outside the immediate mediation, so refer them on.
• Harness the frontline leader in the mediation process.  Gaining an understanding of the conflict or relationship from the frontline leader allows the mediator to have a fuller picture of the conflict prior to commencing the mediation.  Also, click-in again before the end of the process.  With the parties permission, providing the leader with greater detail about the agreements made in the Mediation Action Plan will assist the leader to support the parties in implementing their agreements and taking their ongoing responsibility in managing the relationship.Imparting any insights you have gained into the parties, their interaction and their conflict, will assist the leader in their development in managing workplace conflict -who knows, they might have been a contributing factor!
• Don't initiate mediation if a party is not ready.  By this I mean, when a party is too angry to focus on discussing the issue and being open to the other parties perceptions.  For a meaningful discussion to occur and a change to take affect, the parties need to be open to seeing the conflict through another's eyes and engaging with the other person in a constructive way.  A situation like this might require you to encourage the party to utilise the EAP first or you may commence with a shuttle mediation until the parties have clearly identified their interests and  needs and have moved to be forward focussed.
• Similarly, dont commence mediation if a party is too focussed on wanting to know they are right, that is, wanting vindication.  Mediation does not involve confirming that someone has done the right or wrong thing in a conflict.  It requires an open mind to appreciate or respect, not necessarily agree with, each others perceptions and move forward together with concessions.
• Dont embark on the mediation if a party does not have the nous to have an open and confronting discussion.  It sounds harsh but it takes a degree of communication skill to participate in mediation.  To sit infront of someone who you feel less than comfortable with and talk about how you perceive their interactions and what you intended with yours, is difficult and confronting.  You have a role in developing their communication skills to allow them to participate in the mediation.
• Stop the mediation process if a party disengages.  If a party has lost the willingness to arrive at a mediated outcome, dont continue as you will waste your time and everyone elses and you could risk further damage to the relationship between the parties.

The best and smartest practice is not to be in the spot where you need to mediate.  How can you do this ?

• Build communication skills of your employees.  When people communicate well, they can resolve their own disputes.
• Minimise conflict by reducing behaviours that are potentially damaging.  Train employees in expected standards of behaviour.  This might be part of your generic EEO, Corporate Values training program or a program focussed on behaviours.
• Use your existing resources to support employees in conflict.  Employee Assistance Programs can help employees identify issues at the early part of a conflict, establish expectations and assist employees in understanding their interactions.
• Use a conflict coach to provide more intensive support to an employee.  This may assist the employee to understand the issues in conflict and gain some insight into the conflict.
• Support your frontline leaders in identifying and managing conflict.  They are in the best spot to act early.  They can recognise when a conflict sparks, they know the people involved and will have the best feel for the next step.  Train your frontline leaders to in managing down conflict early and responding to grievances through Grievance Handling training.
• Give your frontline leaders the skills to be a coach to their team members.  Allow them the opportunity to foster a strong relationship with their team.
• Institute post incident/experience learning opportunities between frontline leaders as a measure to consolidate learnings between leaders and identify any systemic change required in the business.
• Dont allow your bullying policy to be a "how to" guide for bullying.  Ensure it emphasises desired conduct and outcomes, is underpinned with your organisational Values and establishes a framework that allows you some involvement in influencing the path for resolution of a conflict (eg an initial triage step).  Also ensure that mediation is an early step in the process not the one that is post complaint or just before an external avenue such as the ADB or FWA.