Empowering HR and People Leaders to manage conflict first

This week, I want to share my somewhat surprising views on the value of mediation in workplace disputes. My view is that mediation by an external third party is not often the best way to respond to workplace conflicts. Why? Because workplace disputes are rarely just a confined, interpersonal dispute and bringing in a mediator to resolve one issue is unlikely to transform the conflict culture of an organisation. If you are a HR practitioner or People Leader seeking more support on managing workplace conflict, I have some exciting news for you here: Manage Workplace Disputes (shivmartin.com)

Now I suspect my views may be somewhat controversial and I want to note that mediation definitely has a role to play in many workplace disputes. Especially when the conflict is genuinely between specific individuals in an organisation. In those cases, though, I often think, wouldn't it be nice if there was someone in house who could have facilitated this process earlier?

Coaching and empowering people leaders and HR practitioners to confidently navigate conflict is a much better investment in ensuring that conflict is better managed than reverting to an external mediator, investigator or legal adviser every time a dispute arises. This happens to be exactly what I will be doing tomorrow!

Having worked closely with HR practitioners in mediation training workshops and ongoing conflict coaching discussions, I am certain that empowering people managers through leadership training, coaching and resourcing so that they can identify and manage disputes at the early stages before they escalate and become much harder to resolve is a much better investment for organisations. Often when asked to support as a mediator in a workplace dispute, I also identify one or more of the following five factors at play:

1. there is a lack of understanding or confidence among leadership and/or the HR practitioners in the organisation when it comes to managing conflict and the mediation process is a band aid for this greater issue
2. a single mediation is unlikely to resolve the ongoing cultural issues, and even if the mediation were successful, it is only a matter of time until the next conflict arises
3. issues around an employee's fit for their role, role clarity, ability and performance are better addressed as part of a performance development discussion, rather than a confidential mediation
4. the dispute has escalated beyond the stage where a mediation can be useful due to poor or lacking communication earlier on in the process, and the parties to the conflict are a stage where they are seeking decisions made by leadership about concerns or complaints that they have made
5. one or more employees feel like they have been made to attend mediation, or couldn't possibly refuse without seeming difficult, and so are not fully consenting to a process that is fundamentally reliant on their consent and willingness to engage.

I also want to spill the tea on the business case of a mediation. A mediation by an appropriately qualified, independent third party can cost somewhere between $2500 -$5000 in Australia. There is no guarantee that mediation will resolve the dispute. This is often not a bet that businesses are willing to take.

For mediators, workplace disputes pose a unique challenge. We are usually paid by the employer who has certain interests in the outcome of the dispute that invariably influence the mediation process.

Now I am certainly not suggesting that mediations aren't useful. I can also report a number of successful mediations in a workplace disputes. But in my view training, coaching, and empowering HR Practitioners and people leaders with effective mediation and general conflict managements skills is a far more powerful and effective option. The DIY mediation training and coaching courses I offer to HR practitioners is very well received as they are able to learn how to manage disputes inhouse, informally and discretely at an early stage. From a costs benefits perspective it really is a no-brainer.

Case Study: Navigating Conflict in an Aged Care Home

Let’s take a closer look at an example of a fictional healthcare workplace grappling with ongoing conflicts between nursing staff and support workers. These disputes often revolved around the division of responsibilities and communication breakdowns, leading to a tense working environment that affected the quality of care and employee satisfaction.

The HR team initially sought external mediation to address the conflicts, but the issues kept reoccurring. Realizing that a different approach was needed, the HR team engaged in conflict management coaching that focused on empowering them to handle disputes internally. They learned techniques for facilitating open dialogue, recognizing early signs of conflict, and implementing proactive communication strategies.

With these new skills, the HR team organized regular team-building sessions and informal conflict resolution workshops. They encouraged staff to voice their concerns in a safe environment and worked with team leaders to ensure that issues were addressed before they could escalate. Over time, the workplace culture began to shift. The nursing staff and support workers developed a greater understanding of each other’s roles, leading to improved collaboration and a more positive atmosphere.

This transformation takes time, but it also highlights the importance of equipping HR and leadership with the tools to manage conflicts effectively, fostering a more cohesive and supportive work environment.

Q&A: Addressing Common Concerns

Q: Why might mediation by an external third party not always be effective?

A: External mediation can be valuable in certain situations, but it often addresses only the immediate issues without tackling the underlying causes. In many workplaces, conflicts are frequently tied to broader systemic challenges, such as role clarity and communication, which require ongoing attention and management. Empowering HR and leadership to handle these issues internally allows for more sustainable solutions.

Q: How can HR practitioners be better equipped to handle conflicts?

A: Through tailored training and coaching, HR practitioners can develop the skills necessary to manage conflicts early on and to influence people leaders to do the same.

Q: When might external mediation still be necessary?

A: External mediation may be needed when a conflict has become deeply entrenched or when an unbiased third party is essential to the resolution process. However, these situations should be the exception, with most conflicts being managed through empowered, in-house approaches.

Are you needing more support with managing workplace conflict?

As I head of to another in house training workshop for HR practitioners on mediation skills, I am really excited to offer you a sneak peek into my upcoming online program for HR practitioners. In this 30-day, self-paced course, I train and coach HR practitioners and people managers on best practices in workplace dispute resolution. The program includes group coaching and one on one advice. Better still, the content while led and curated by me, is also provided by a range of dispute resolution experts.

If you would like to be a part of this exciting opportunity, register here: Manage Workplace Disputes (shivmartin.com) We are only working with 8 HR officers per 30-day block, to ensure that we have the capacity to provide one on one support so please register your interest soon. The program will start on Monday 23 September 2024.