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Combating Collective Conflict
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Transcript of Combating Collective Conflict
Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.
Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.
Welcome
Inner conflict in teams / Mediation in Groups
Teams in conflict with each other (part I)
Coffee
Teams in conflict with each other (part II) / Building Resilience / Preventing Conflict
Open Forum
Close
Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.
Agenda9:00
9:25
9:30
9:45
10:00
11:00
11:15
11:30
12:40
13:00
Registration & Coffee
Welcome
Conciliation, Arbitration andMediation – what’s the difference?
The “Seven C’s” and Possible Interventions
Teams in conflict with managers (part I)
Coffee
Teams in conflict with managers (part II)
Role of ACAS
Sharing Learnings
Lunch
14:00
15:00
15:20
15:40
16:20
16:30
Conciliation, Arbitration and Mediation – What’s the Difference?
Arbitration: A process for settling a dispute facilitated by an independent individual or body which is empowered to reach a judgment to reach closure.
Mediation: An intervention between disagreeing parties involving a third party, aimed at bringing the dispute to a conclusion which both can accept.
Conciliation. Seeks to encourage each party to agree concessions as a means of settling differing demands or offers, usually by prioritising what is most important for them and what
they are most ready to trade.
Conciliation, Arbitration and Mediation – What’s the Difference?
Mediation
Formal Informal
Narrative
Facilitative
Evaluative
Judicial
et al
The “Seven C’s”
ContextsContexts CulpabilitCulpabilityy
CapabilitCapabilityy
ContactContact
CompromiCompromisese
ContrastContrast
ContentContent
Teams in Conflict with Managers
Scenario: A new team leader finds that they have difficulty engaging their team, which has recently lost its long-serving and popular manager. Reticence and suspicion turns to complaint, with the entire team apparently against the manager and ready to pick up on anything which they disapprove of (mainly proposed changes).
Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.
Coffee
“Dominoes”
the employment relations service
improving organisations and working life through better
employment relations
On 15 February 1994 Acas became the first nationwide public service body to be awarded
Investor in People status
On 13 March 2008 it was awarded to Acas for the fifth time
Independent
Confidential
Practical
Impartial
Up to date
Acas is
Improve organisations and working life through better employment relations
Acas’ ambition is to
To achieve it
We provide up-to-date information, independent advice, high quality training and a range of services to help employers and employees solve problems and work together effectively
Acas Council
• Overall guidance is provided by the Acas Council - made up of 12 leading figures from business and trade unions together with independent members representing the interests of employers and employees
• The Chair and Council Members are part-time and appointed by the Secretary of State for Business, Innovation and Skills
Mr Ed Sweeney Acas Chair
Ms Sarah Veale Head of Equality and Employment
Rights at the TUC
Mr Dave Prentis General Secretary for Unison
Ms Sarah Anderson, CBE former member of Small Business
Council
Mr John McMullen Professor of Labour Law at University
of Leeds
Mr Derek Simpson
Joint Secretary, Unite
Acas Council Members
Jennifer Eady QC
Employment Law Barrister and Vice-President of the Industrial Law Society
Nicola Templeman
Former Senior Executive at Nationwide Building Society
Ms Susan Anderson
Director, Human Resources Policy, CBI
Mr Peter BennettHuman Resources Director, Network
Rail
Ms Debbie CoulterDeputy General Secretary, GMB Trade
Union
Mr Jonathan Michie
Professor of Management, University of Birmingham
Acas ChairEd Sweeney
Acas ChairEd Sweeney
Acas CouncilAcas Council
Chief ExecutiveJohn Taylor
Chief ExecutiveJohn Taylor
Knowledge,Jan Dixon & Susan Clews
Knowledge,Jan Dixon & Susan Clews
ITAndrew Godber
ITAndrew Godber
DeliveryAndrew Wareing
DeliveryAndrew Wareing
HR & EstatesMike Spencer
HR & EstatesMike Spencer
FinanceRobert White
FinanceRobert White
Director Midlands andEastern
Carol Davenport
Director Midlands andEastern
Carol Davenport
Director ScotlandFrank Blair
Director ScotlandFrank Blair
Director NorthernPhil Pluck
Director NorthernPhil Pluck
Director Wales and Southern England
Robert Johnson
Director Wales and Southern England
Robert Johnson
Director North WestGill McCarthy
Director North WestGill McCarthy
Director LondonJerry Gibson
Director LondonJerry Gibson
Head of Good Practice ServicesJane Bird
Head of Good Practice ServicesJane Bird
Individual Dispute ResolutionKeith Mizon
Individual Dispute ResolutionKeith Mizon
National HelplineNick Riddle
National HelplineNick Riddle
Chief ConciliatorPeter Harwood
Chief ConciliatorPeter Harwood
Organisational Structure
• Prevent or resolve disputes between employers and their workforces
• Settle complaints about employees' rights
• Provide information, advice and training
• Encourage people to work together more effectively
The role of Acas
We can:• Advise on the range of approaches to workplace dispute resolution including mediation
schemes
• Provide a trained mediator to facilitate the resolution of workplace disputes when there is no tribunal application imminent. These many be between a manager and an individual staff member or between two staff members in the workplace
• Train managers and employee representatives in conflict management skills
• Help you develop a workplace mediation scheme and give guidance on selecting potential mediators
• Train and assess your mediators and award successful candidates our Certificate in Internal Workplace Mediation
*Some of our services are charged for
Mediation
We help parties in dispute to reach or make progress towards agreed settlements which they all find acceptable
Collective conciliation
In 2008/09 Acas received
requests for collective conciliation
960
Base = 960 collective disputes
Collective conciliationsCauses of request, 2008/09
In 2008/09 Acas achieved
success rate in completed collective disputes
92%
In 2008/09 Acas arranged
arbitration hearings
30
Projects in individual workplaces
Our advisers work with organisations to make their workplace more effective through better employment relations
Towards effective workplaces
This may involve running workshops and setting up working groups to:
• Solve problems affecting relationships at work
• Work together in dealing with change
Projects in workplacesKey issues, 2008/09
Base = 146 Workplace Projects (charged)
In 2008/09 Acas completed
Projects in workplaces
146
• Settle complaints about employees’ rights
• Nearly all complaints to employment tribunals come to Acas
The role of Acas
Applications to employment tribunals for conciliationcovering a total of 236,116 claims (jurisdictions)
138,535
In 2008/09 Acas received
Individual conciliation casesClaims received – all jurisdictions
Individual conciliationMain causes of complaint, 2008/09
Base = 138,535 complaints conciliated
In 2008/09
of potential hearing days saved consequent upon settlement or withdrawals within the conciliation
window
73%
Benefits of individual conciliation
• Voluntary agreement (and withdrawals)
• Fewer tribunal hearings
• Lower cost to the parties than tribunal
• Not in public domain
• Less stressful
New Individual Conciliation Service
• Pre-Claim Conciliation (PCC) Service 2008
• In seven months 2,000 cases
• Average 3 days (usually 14 days)
The role of Acas
We provide impartial information and advice
In 2008/09 Acas dealt with
calls through our helpline
Top issues:
• Redundancy, lay-off and business transfers
• Discipline, dismissal and grievance
• Contractual matters
726,306
Training
• Key points on employing people designed for small businesses
• In-depth sessions on employment issues for HR specialists
• Training specially designed for individual workplaces
• c.2,000 training sessions were held in 2008/09
In 2008/09 there were over four million visits.
• A–Z of work
• Rights at work section
• Online training package and online booking for training sessions
• Publications free to download or purchase online
Website
• Good practice advice, including sample forms, letters, surveys, etc
• Almost 200,000 copies of our guidance were sent to customers in 2008/09
• 'Bestseller' continues to be on the subject of discipline and grievance Publications free to download or purchase online
Publications
the employment relations service
Teams in Conflict with Managers
Discussion: “Strong management” versus “Bullying” – where to draw the line?
When do you cross to the ‘dark side’?
Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.
Sharing Learnings
Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.
Lunch
Inner Conflict in Teams: Director’s choice
An opportunity for you to select various statements and direct a scenario.
Inner Conflict in Teams
Scenario: A forceful team leader and their manager don’t see eye-to-eye on how to run a help-desk, each believing that they say what goes in their patch. Both attract loyalties from within the team, leading to two opinion camps forming, with each taking instruction from their preferred ‘boss’.
Mediation in Groups: Conversation Micro-Tool1. Set the scene.
2. Identify desired outcomes.
3. Challenge any unrealistic expectations.
4. Invite and (if appropriate) propose areas of common ground, then break down areas of
difference. Give affirmation.
5. Invite suggestions about how each individual believes each difference may be resolved,
how
they assess the practicality of achieving their suggestions quickly and highlight common or
similar proposals which all can work with.
6. Invite parties to say whether any of their remaining differences may be met with a
compromise or allowed to let lie in the interests of securing a peace. Explore options
7. Summarise agreements, commitments and actions. Give encouragement and
affirmation.
Inner Conflict in Teams
Scenario: In team meetings, a manager has a habit of interrupting certain team members with the words “sorry to cut across”. Sensitivities crystallise amongst those whose views are routinely overlooked, with a perception that the manager shows favouritism to others. The favoured team members begin to perpetuate the same behaviour that leads to the creation of a dysfunctional team.
Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.
Coffee
Teams in Conflict with Each Other
The ‘dream-factory’ team decree a process to be delivered to enhance ‘customer experience’ that name badges must be worn by traffic wardens.
The wardens are not happy with customers knowing their first names because they think that personal derogatory comments hurt more when under personal attack.
The two groups are at logger-heads!
Building Resilience: Avoiding Conflict
Key Elements:
Influencing Behaviour
“The Recipe”.
EquippingManagers.
EducatingPeople.
The “Happy Company”.
The “Golden Hour”.
Building Resilience: A Manager’s Micro-Tool
For a growing library of micro-tools to download, visit: www.managingconflictatwork.com
1. What’s happening at the moment?
2. What do you want to happen?
3. What’s been working?
4. What am I impressed with? (give affirmation, e.g. for the individual raising this)
5. What do you think you need to do now?
6. What is the first step you’ll take?
JaM: Just a Minute
Building Resilience: The Strategic Option
Regulatory. Informal.
“The Recipe”.
•organisation structures;•role definitions;•policies;•processes;•procedures;•task definitions;•lines of authority and reporting;•reward systems;•appraisal systems;• codes of conduct.
•leadership vision;•codes of ethics;•personal development/objective plans/targets;•team/departmental targets;•training programmes, learning and development
activities;•recognition systems;•management guidance/recommended best
practice;•management style;•monitoring and feedback systems;•informal routines and habitual ways of doing
things.
The Meta ApproachNot Getting Lost Yourself
Position # 1 Position # 2
Meta Position
Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.
Open Forum
The Dolphins’ Tale
Combating Collective Conflict: Conciliation, Arbitration and Mediation in Teams.