1. CONFLICTS IN THE WORKPLACE Bill Taylor Wyoming Agriculture & Natural Resource Mediator UW Cooperative Extension Community Development Area Educator

2. Objectives Today Talk about an excellent workplace Summarize some of the conflicts that occur in the workplace Discuss strategies to overcome conflicts 2

3. An Excellent Workplace What are the outcomes of an excellent workplace? 3

4. Outcomes of an excellent workplace Achieves the business’ purpose efficiently Positions the business for the future. Protects, maintains, informs, and grows its workforce and leadership 4

5. Excellent Workplace What are the characteristics of an excellent workplace? 5

6. Characteristics of an excellent workplace Employees operate as a team Outcomes are accurately measured Business goals and processes periodically reviewed and revised as necessary 6

7. Characteristics of an excellent workplace (cont.) Leadership and productivity are encouraged and rewarded. A safe environment = respect, trust, communication, creativity, follow-through, completion, assessment, and recognition. Conflicts are resolved efficiently People want to work there 7

8. Characteristics of an effective team A clear goal A results-driven structure Competent members Unified commitment A collaborative climate High standards that are understood by all Receive external support and encouragement Principled leadership 8

9. Characteristics of an effective team (cont.) The organizational structure and environment must facilitate information sharing supply a problem-solving mechanism. seamlessly provide changes in team membership and leadership 9

10. Characteristics of an effective team (cont.) What is the impact on a team if it lacks one or more of these elements? 10

11. Alta Electronics Please read the general information and assigned confidential information for your character You have twenty (20) minutes to complete the role-play 11

12. How did it go? What was the outcome? Were you satisfied with it? Why or why not? 12

13. Were elements of an excellent team missing? a clear goal? a results-driven structure? competent members? unified commitment? 13

14. Were elements of an excellent team missing? (cont.) collaborative climate? high standards that are understood by all? external support and encouragement? principled leadership? 14

15. Were elements of an excellent team missing? (cont.) How did not having one or more of these elements affect this negotiation? 15

16. For the engineers: How would you describe your character’s negotiation style in this role-play? Did you make any promises you did not intend to keep? How did this negotiation feel? Do you think the decision reached best serves the company’s business interests? 16

17. Questions: What facilitation tactics did Fran Meltzer use? 17

18. For Fran Meltzer: Who led the meeting? Why? Were you present during the meeting? How did your presence affect the negotiation? How would you describe your involvement in these discussions (e.g., passive, advocate, mediator, etc.)? What specific tactics did you employ? Why? 18

19. For Fran Meltzer (cont.): How did the employees decide? Do you think this decision was appropriate for the employees rather than you to make? Do you think the decision is correct? Will you enforce any side agreements they reached? 19

20. How will this negotiation impact your subsequent negotiations and interactions with others in the company? If you could go back and restructure this meeting, what ground-rules would you suggest? Why? For Everybody: 20

21. Workplace Conflicts What conflicts arise in workplaces? How were these conflicts reflected in the role-play? 21

22. Conflict generally involves: Interdependent people Perceived differences in goals Perceptions that each’s interests—substantive, procedural, values—cannot simultaneously be satisfied. Perceived interference 22

23. Types of conflicts in the workplace Externally— With customers and suppliers. With outside regulators. Internally— With fellow employees (peer conflicts). Between managers. Between managers and subordinates. 23

24. How important are internal conflicts in the workplace? A 1998 Corp of Engineer study reported: …30% of first-line supervisors’ time and 25 % of all management time is spent on resolving disputes. More than 85% of those leaving jobs do so because of some perceived conflict. Almost 75% of job stress is created by disputes. 24

25. Causes of Workplace Conflict Most conflicts arise as a result of: disagreements regarding a final outcome (distribution of income, responsibilities, etc.). principles or values used in making choices. Process used in making a selection 25

26. Causes of Workplace Conflict Most conflicts arise as a result of (cont.): Psychological dissatisfaction with how the person felt treated in the process employed. Misunderstandings tied to miscommunications Cognitive biases Personal dislikes Others? 26

27. Workplace conflicts are more complex . . . because parties have an on-going relationship These conflicts often recur over time People make trade-offs Outcomes build reputation within the organization and this impacts trust in one another 27

28. Workplace conflicts are as much about clarifying the relationship as the facts in dispute 28

29. What happens during a workplace conflict? Emotions rise. Communication decreases and becomes more indirect (triangularization) Opponents are demonized Sides are taken; camps are formed in the organization Issues become blurred and new issues added 29

30. What happens during a workplace conflict? Differences are magnified; similarities minimized Competitive processes (including rigid commitments and dirty tricks) are increasingly employed Employees stop helping, attempt to avoid the workplace 30

31. Benefits to Conflict: identify problems that need to be solved bring about change change the way we think about things help clarify our purpose, what’s important to us or the organization. 31

32. Benefits to Conflict (cont): Opportunity for personal and group leadership development Organizational/interpersonal growth and commitment Creative decision making Others? 32

33. Responses to Conflict People respond differently to conflict. Not acting does not necessarily mean the person believes the conflict is not real. Becoming frightened, angry, upset does not necessarily represent disrespect for others. 33

34. How do you respond to conflict? Personal Conflict Style Inventory 34

35. Debriefing: What was your dominant negotiation style? Did your style differ in calm vs. storm periods? How might you use such information (about yourself or others) in dealing with a workplace conflict? 35

36. Potential responses to conflict Do nothing: Yield (and change your beliefs) Yield (and retain your beliefs) Stonewall/Avoidance Exit (flight) 36

37. Potential responses to conflict (cont.) Fight (exercise power): Guerrilla warfare: Looks like doing nothing but isn't Open warfare 37

38. Potential responses to conflict (cont.) Negotiate: Contend. Try to win; defeat the other side Compromise. Split the difference; find the middle Problem Solve. Look for new solutions which address the concerns of all parties 38

39. Potential responses to conflict (cont.) Seek Assisted Negotiation: Use a third party to aid in finding a mutually agreeable solution to a shared problem Mediation Factfinder Ombudsman 39

40. Potential responses to conflict (cont.) Rely on a third party decisionmaker Supervisor Arbitrator Court 40

41. What factors influence a person’s conflict resolution strategy? Importance of the relationship Importance of the substantive outcome Relative power of the parties Transaction Costs Structure surrounding the interaction Party’s values 41

42. Do relationships create problems in workplace conflicts? 42

43. Activity: The Ladder of Inference 43

44. Tools to help prevent conflict in the workplace Don’t be afraid to confront the conflict Provide a process Educate everyone on the process 44

45. Active Listening Communication Blockers Advising Judging Analyzing/Diagnosing Questioning Reassuring/Minimizing 45

46. Open Questions Examples: Probing questions: ask for more info Clarifying: sharpen your understanding of what has been said Justifying: ask for evidence for the view they’ve expressed Consequential: reality testing, ask about potential solutions or look at potential consequences 46

47. Other Listening Tools Paraphrase Take notes Demonstrate that you hear what they are saying 47

48. Reframing Definition: responding to the speaker in a way that validates what they are feeling but also helps them move forward 48 “What I heard you say…”

49. Positions v. Interests Positions = statements or demands framed as solutions Interests = what each party needs for resolution (needs, concerns, hopes, etc.) 49

50. Examples: “There will be no pets in this house.” “I want $250 for the damaged wall.” “I absolutely need Dani to work on this project and no one else.” 50

51. Why do negotiations breakdown? Substantive problems Data problems Perception problems Dirty tricks Structural problems Value conflicts Relationship problems 51

52. Nonverbal Cues Eye contact Body language Space 52

53. Definition of Mediation: A voluntary and confidential process by which a trained, neutral third party negotiates with primary decision makers to reach mutually agreed upon solutions. 53

54. Mediation in Wyoming Voluntary & confidential Trained, neutral third-party Primary decision-makers Mutually-agreed upon solutions 54

55. CONFLICT: When to bring in a Mediator Reached impasse Both sides want to resolve the issue Tried to negotiate High emotion 55

56. The Role of the Mediator Help the parties overcome the substantive, relationship, structural, value, data, etc. problems that have previously prevented them from reaching an agreement. 56

57. HOW? Control the negotiation environment Move the parties from positions to interests Identify which problems are preventing agreement Look for win-win options 57

58. The Mediation Process Intake Mediation Session Mediator asks each party three questions Tell me about the events that have brought you here today. What would like to see come out of today’s session? What happens if we can’t come to an agreement? 58

59. Mediation Process (cont.) Identify the Issues Option generation Agreement Post Mediation: Follow-up Evaluation 59

60. Issues that belong in Mediation Behaviors: How people treat each other Communicating about problems Things & Money: Property Reimbursement Repairs Loans 60

61. Structure & Systems: Procedures Schedules Access Issues that belong in Mediation 61

62. Issues that Usually Cannot be Mediated Determining the truth of what happened Determining fault & punishment Abusive behaviors 62

63. Special issues in the workplace Sexual Harassment: Misunderstanding or unwelcome behavior results more from habits and outlook rather than malicious motives Problem detected early on Not appropriate: cases of quid pro quo or maliciously motivated Rules & regulations 63

64. Special issues in the workplace (cont.) Wide gap in power between the parties The real decision-maker is not present Investigation and disclosure needed before fair negotiations can take place 64

65. Mediation in the Workplace: CDR Associates suggests using workplace mediation when: You are concerned about the acceptability of the decision. You want the parties to have technical input into the decision. 65

66. Mediation in the Workplace CDR Associates suggests using workplace mediation when (cont.): You are willing to delegate some or all decision-making authority regarding the issue at hand to the parties. You have not already made a decision. You have the authority to use mediation (and delegate authority). You have the time to allow parties to deliberate about a decision. 66

67. Why use Mediation? Time-saving Cost-saving Expert third parties Creative Confidential Transformative Permits participants to finally hear each other 67

68. Remember: There are times that it is important that a court: Make a finding of right or wrong Establish precedent Overcome power differentials and ensure truth 68

69. What can Mediation accomplish? 69

70. Realistically . . . Resolve the conflict Improve communication Repair the relationship Allow both parties the chance to move forward Give parties time to make a decision Give parties information to continue with their appeal 70

71. Final thoughts: Mediation can be an excellent tool in some (but not all) conflicts. One of the most important pre-meeting responsibilities of mediators is to determine if mediation is right for this conflict. 71

72. Final thoughts (cont.): Conflict is a natural part of life, particularly business life. Conflict is not always negative It is important to understand how you and others deal with conflict 72

73. Lucy Pauley Mediation Coordinator (307) 777-8788 Email: lpaule@state.wy.us 73