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articles


Conflicts resolved with mediation

By Derek Sankey

It can start with a simple difference in personalities. It can end up as a heated battle in small claims court that can change careers paths and cause tremendous stress.

Workplace conflicts are human nature, but when it escalates and emotion takes over, the results are usually detrimental to both parties. Mediation experts say companies can head off these disputes with some simple proactive mediation at the outset.

“If it is a highly charged situation, having that third party there often helps,” says Loretta Richens, who co-ordinates mediation services for the Better Business Bureau (BBB).

“It can blow up and you can say things that you wish you hadn’t said and you can lose perspective,” she says.

Well-managed companies identify these situations before they create tension in the workplace. A program that allows disputing parties to clear the air is an environment in which there is no fear of being fired is the best approach.

Janet Wright , a partner and mediation expert with Baxter Bean in Calgary, says it often boils down to miscommunication or misunderstanding the other individual. From there, emotion can take over and the situation spirals out of control.

Ignoring it doesn’t make it go away. Workers need to confront the problem, but not right away. Wright advises people to take some time to clear their mind and think about the problem from all angles, including the other person’s.

It might be an argument about who gets a contract, misplaced recognition, or a colleague who gets a promotion over another employee. Or it could simply be about money, or wrongful dismissal.

In any case, by the time it escalates to the point where it reaches small claims court, chances are the individuals have long severed ties – and employment – and have had months or even years to harbour resentment and build a grudge.

“Before you go off in a completely different career direction, it might be a good idea to just sit down and find out what they actually intended when they did this,” says Wright.

Every year, the BBB handles about 700 mediation cases, of which about 70 are directly related to workplace conflicts. Those are just the ones that escalate to the point of small claims court.

“Having the dynamic of a third party in there helps the individuals communicate and maybe takes some of the sting out of what’s being said,” says Richens. “Often, the conflicts are the result of misunderstanding and feels or egos being hurt.”

The BBB has a roster of 100 part-time mediators in Calgary that help about 60 per cent of these cases get resolved through mediation. The other 40 per cent battle it out in court.

Richens partners with the Alberta Civil Mediation program of the provincial court to head of disputes that can absorb tremendous amounts of time, money, effort, and other resources. The toll on individuals can affect all aspects of life, she says.

Aside from encouraging companies to take a proactive role, Wright says individual workers need to employ some strategies to avoid these situations.

While there might always seem to be at least one person in the office that you just don’t get along with, a little bit of preventative action goes a long way.

For example, e-mails have become a notorious source of miscommunication. Irony, sarcasm and the like are lost in translation, says Wright.

Studies have shown about 75 per cent of communication is conveyed through non-verbal cues, including body language, facial expressions and tone of voice.

Use neutral language. Statements that begin with “you always: or “you never” lead the other person into a defensive position, she says. Finding a neutral way to convey your point in an assertive manner, rather than aggressive, is more likely to evoke understanding.

Mentoring programs also add an element of experience and understanding that can be highly beneficial when conflicts do arise.

Richens says a perceived imbalance of power is often at the root of many workplace conflicts. Flexibility, listening skills and a willingness to adapt and compromise is the best path to finding solutions.

When it comes down to it, there are no easy solutions, says Richens, but ultimately being drawn into workplace conflicts exacts a heavy toll on everybody, so it requires a collective effort to create a healthy workplace.

This article appeared in the Working section of the Calgary Herald on Saturday, August 13, 2005.

jacks
 

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