







This toolkit provides details of the dispute journey - from the earliest beginnings to the final stages. Most disputes follow a similar pathway and we work with organisations to help them prevent, resolve and transform disputes at each stage of the dispute journey.
Hover over any of the
icons to reveal details of each stage.
The conditions for conflict
Change is one of the biggest causes of organisational conflict. All change contains the potential for conflict, and unresolved conflicts have been known to hamper important organisational change.
Change can be subtle as well as planned and strategic. Changes in behaviour by a manager or a colleague can be as much a cause of conflict as a merger or acquisition where two company cultures collide.
Training managers and change agents to prevent conflicts from occurring, and supporting them/teaching them core mediation skills to help settle disputes when they do happen, is a key component in effective change management.
Digging the trenches
Even at this early stage, each party in a conflict believes that they are in the right and the other is wrong. They take ever-hardening views of each other and the conflict can quickly become destructive.
The language used by all sides becomes hostile, abrasive and polarised. At this stage, a skilled manager can bring the parties together and encourage them out of their trenches. Training managers in core mediation skills can really help to nip these issues in the bud. Training takes one day and delivers immediate and lasting benefits.
The blame game
Blaming others can be easier than looking inwards at our own faults and failings. The parties blame each other for the problems. The finger of blame can also point in many other directions - managers and leaders (and occasionally even HR professionals) can be targeted.
Embedding mediation into your grievance resolution policies can encourage the parties to talk to each other rather than blame each other. Internal mediators can help to resolve these disputes – setting up an internal mediation scheme can deliver real benefits to your employees, your managers and your organisation.
Safety in numbers
The parties may begin to form camps – they will seek alliances and allegiances with colleagues. On the other hand, their colleagues may feel trapped and forced to take sides.
The impact on the whole team can be stressful and harmful and often we see teams divided - experiencing low morale and productivity. A skilled external mediator can bring the parties together and can help the entire team to move forward. Mediation can work as well in teams as it does between individuals.
Actions speak louder than words
The parties stop communicating directly with each other or when they do communicate, it can be negative and destructive. At this stage of the conflict, the effect is serious. Formal grievances may be lodged and the costs begin to soar as management time increases and investigations are commenced.
HR professionals and business leaders should be trained to spot conflicts and to intervene at this stage. TCM’s 2 day Practical Mediation Skills training is an excellent place to develop these skills and the course is fully ILM accredited.
Attack and counter attack
The parties exchange blows, perhaps not physically but via email or verbal confrontations – I call these ‘Blackberry battles’. Team meetings and other gatherings become tense - attendance and participation falls. The office atmosphere can become quite toxic at this stage. In cases such as these, one or both parties may be suspended from work or they may take extended sick leave.
There is no doubt that the dispute has become serious and disciplinary action may be taken following an expert, independent investigation. However, mediation works well in more serious cases and investigators should be trained to spot opportunities for mediation. Mediation can also provide an important step in reintegrating the parties after absence or once formal action has been concluded.
The explosion (or implosion)
At this stage something may be said or done that causes the situation to explode and the parties lose control. Losing sight of their needs and goals, the parties are more concerned with causing maximum damage to the other side.
The organisation may be left with no choice but to terminate the employment of one or both employees. However, it is never too late for mediation and, if termination of employment is considered, why not try mediation first to see if a resolution can still be found. The parties may well engage now that it has gone this far and become this serious.
Alternatively, mediation can be used to agree terms of compromise agreements or as a stage prior to Employment Tribunal should the employee seek legal redress.
Picking up the pieces
The business still has to function and often it is left to someone from outside the team to try to make sense of the situation and get back on track.
For anyone who has performed this role, it is considerably harder than it may seem. With the benefit of hindsight, colleagues and leaders so often utter those immortal words - why was nothing done earlier to resolve the situation? Now is a great time to consider placing mediation into the heart of your organisation.
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© 2011. David Liddle. All rights reserved. |
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