Description
A conflict resilient workplace is underpinned by strong communications and relationships, which is supported and demonstrated from the Board level down.
Developing Con?ict
Resilient Workplaces
A how-to guide for creating more positive
workplaces in the Victorian not-for-pro?t sector
Published by the Of?ce for the Community Sector
Department of Planning and Community Development
1 Spring Street
Melbourne Victoria 3001
Telephone 03 9208 3543
September 2011
© Copyright State of Victoria 2011
This publication is copyright. No part of it may be
reproduced by any process except in accordance
with provisions of the Copyright Act 1968
Authorised by the Victorian Government, Melbourne
ISBN 978-1-921940-14-9
Design – The White Studio
Print-managed – Finsbury Green
Printed on 55% recycled paper
Accessibility
If you would like to receive this publication in
an accessible format, such as large print or
audio, please telephone the Of?ce for the
Community Sector on 03 9208 3543, or
email [email protected]
This publication is also published in PDF and Word
formats on www.dpcd.vic.gov.au/communitysector
1 Developing Con?ict Resilient Workplaces 1 Developing Con?ict Resilient Workplaces
Table of Contents
1. Background 3
1.1 The cost of con?ict 5
2. What does a con?ict resilient workplace look like? 6
2.1 Attributes of a con?ict resilient workplace 8
3. The con?ict management model 11
3.1 Identifying the issue 13
3.2 Appropriate dispute resolution (ADR) 15
4. Steps towards creating change in your organisation 17
1. Create a representative working group 18
2. Review the current situation 19
3. Identify areas for improvement 22
4. Develop options for action 23
5. Develop a plan 24
6. Implement the improvements 25
7. Evaluate your success 26
Appendix A: Summary of key appropriate 32
dispute resolution methods
Appendix B: Other resources and further reading 35
2 Developing Con?ict Resilient Workplaces 2 Developing Con?ict Resilient Workplaces
The Of?ce for the
Community Sector
The Victorian Government established
the Of?ce for the Community Sector
(OCS) within the Department of
Planning and Community Development,
in order to support the long term
sustainability of the not-for-pro?t
(NFP) community sector.
The OCS works with the NFP
community sector and with other
government agencies to drive cross-
government activity that reduces
unnecessary burden related to
government accountability and
compliance requirements; and to
support the sector to build capacity
to continue to be responsive to the
needs of Victorians.
Initiatives such as the development
of the Community Sector Workforce
Capability Framework, the Best
Practice Recruitment and Selection
Tool Kit and this guide are key ways
in which the OCS works to build
the capacity of NFP community
organisations.
The State Services Authority
The Victorian Government established
the State Services Authority (SSA)
to improve services, standards,
governance, and workforce
development of the Victorian
public sector.
In 2010 the SSA developed the
publications: Developing Con?ict
Resilient Workplaces: A report
for Victorian public sector leaders
and Developing Con?ict Resilient
Workplaces: An implementation guide
for Victorian public sector managers
and teams.
That report and guide were formulated
following a project commenced by the
SSA in 2008, titled ‘Taking the heat out
of workplace issues’, to collaboratively
bring about positive change in the
con?ict resolution space in the
Victorian public sector.
3 Developing Con?ict Resilient Workplaces 3 Developing Con?ict Resilient Workplaces
1. Background
Strong con?ict management is
an important capability of effective
NFP community organisations and
individuals. In the Community Sector
Workforce Capability Framework,
developed by the OCS in consultation
with the NFP community sector,
con?ict management was identi?ed
as a separate core competency
for community sector workers.
This guide is based on the previous
publication developed by the SSA,
Developing Con?ict Resilient
Workplaces: An implementation guide
for Victorian public sector managers
and teams.
Working in collaboration, the OCS
and the SSA have adapted the original
publication to suit the needs of the
NFP community sector in Victoria.
Representatives from the sector were
consulted at each stage of the
development of this publication.
This guide has been designed
for medium-sized NFP community
organisations; however it can be
adapted for use by both small
and large organisations.
The OCS would like to thank the
individuals and organisations that
provided information and feedback
on this guide.
4 Developing Con?ict Resilient Workplaces 4 Developing Con?ict Resilient Workplaces
Purpose of this guide
The purpose of this guide is to act
as a handbook or reference manual
for individuals and groups in NFP
community organisations who want
to undertake work in the area of
con?ict resilience. This guide applies
to all NFP community sector staff,
including casual staff and volunteers.
Using this guide
This guide describes the features
of a con?ict resilient workplace –
one where con?ict is managed
well, and not allowed to escalate.
It supports you to create a more
positive workplace by suggesting
how to build commitment to change,
review current practice, identify areas
for improvement, present options for
change and evaluate success.
Much of the guide is diagnostic:
it encourages you to ask questions
about your organisation’s systems,
values and behaviours to identify the
most important issues to work on.
It also gives practical tips for writing
business cases and presenting options
to Boards and senior management
to help improve the con?ict resilience
of the organisation.
This guide uses terms such as
grievance, con?ict and dispute.
These terms are evolving in con?ict
management literature (and in law),
and therefore different organisations
might use the terms in different ways.
Rather than prescribe de?nitions here,
we urge you to interpret the language
and terms used in this publication
in a way that is meaningful to
your organisation.
5 Developing Con?ict Resilient Workplaces 5 Developing Con?ict Resilient Workplaces
1.1 The costs of con?ict
The costs of unresolved con?ict are
many, ranging from individual distress,
to broken relationships and strained
organisational resources.
Individual distress
Mental and physical wellbeing,
absenteeism, counter culture activities
and ongoing dissatisfaction.
Broken relationships
Lost productivity, lost opportunities,
declining trust and morale and
increased disputation.
Strained organisational
resources
Time spent on case management,
dif?culties with recruitment and
retention.
Work-related stress in
the community sector
Workplace stress associated
with unresolved con?ict can result
in signi?cant costs.
– In a report commissioned by the
International Labour Organization
(ILO), Geneva, it was estimated
that workplace stress accounts
for between 1-3.5% of a nation’s
Gross Domestic Product (GDP),
through measures such as loss
of productivity, compensation
payments, early retirement
and welfare related costs
1
.
– Research conducted by the
Victorian Council of Social
Service has shown that the
incidence of occupational
violence, bullying and stress is
unacceptably high in Victorian
community organisations
2
.
1 ILO, The Cost of Violence/Stress at Work and the
Bene?ts of a Violence/Stress-Free Working
Environment 2001
2 Victorian Council of Social Service, Occupational
Health and Safety Education in the Victorian
Community Sector 2008
6 Developing Con?ict Resilient Workplaces 6 Developing Con?ict Resilient Workplaces
2. What does a con?ict resilient
workplace look like?
A con?ict resilient workplace is
underpinned by strong communications
and relationships, which is supported
and demonstrated from the Board
level down.
A con?ict resilient workplace does not
rely solely on formal dispute processes,
but emphasises positive relationships
and strong communication so that
con?ict is managed early, at the lowest
possible level, and with the most
appropriate response.
It is one that integrates strong
diagnosis (‘what is the cause of the
problem?’) with appropriate decision
making about the best response (‘is
this best managed through adjudication
by a third party, or can we resolve
this better through non-confrontational
approaches such as mediation,
a courageous conversation
or facilitation?’).
Con?ict resilient workplaces
share four features
Promote
They are proactive in building a culture
of communication.
Prevent
They stop things going wrong.
Respond
They respond quickly and appropriately
when things do go wrong.
Comply
They comply with relevant guidelines,
rules, regulations and address
principles of natural justice and
procedural fairness.
NFP community organisations with
a strong con?ict management system
will respond well to con?ict by taking
the heat out of workplace issues early.
Once an organisation begins to identify
root causes of con?ict in individual
cases, it is possible to look for patterns
across multiple cases.
Ask
– What sort of early interventions
could resolve the greatest number
of problems?
– What could have prevented a
situation from becoming problematic
in the ?rst place?
– What would it take for people in
this organisation to have more
constructive interactions, working
relationships, and group dynamics?
– What initiatives would promote an
organisational culture characterised
by positive communication and
working relations?
When con?ict management is truly
integrated in organisations, the result
can be described as a system to
improve communication and workplace
relations. This will include dispute and
con?ict handling components, but the
main focus will be on building and
strengthening relationships.
7 Developing Con?ict Resilient Workplaces 7 Developing Con?ict Resilient Workplaces
The pyramid’s foundation level shows
that the dominant focus of con?ict
resilient workplaces is on building
and strengthening relationships to
help things go right.
The next stage shows activity in
formal and appropriate dispute
resolution practices, characterised by
an acknowledgment that responsibility
for solving con?ict is shared between
people involved (collaborative problem
solving). Methods used for resolving
interpersonal con?icts are usually:
feedback, conversation, mediation
and facilitation. Typically the focus
is on preventing things from
going wrong.
This diagram re?ects an environment
that is no longer dominated by a heavy
reliance on grievance procedures.
At the top of the pyramid (grievance
procedures) formal processes are used
only when there have been allegations
of criminal or serious misbehaviour;
where there is a lack of good faith;
situations where procedural or legal
issues arise, or where the welfare
of individuals is threatened.
Figure 1. The con?ict resilient workplace pyramid (below) depicts a con?ict
resilient workplace.
Figure 1: The conflict resilient workplace pyramid
Collaborative
problem solving
Grievance
procedure
Building and strengthening
workplace relationships
8 Developing Con?ict Resilient Workplaces 8 Developing Con?ict Resilient Workplaces
The foundation level – promoting a culture of communication
to help things go right
Attribute Demonstrated By
Collaborative
problem solving
is integrated into
organisational
culture
Decisions are made by the people directly involved
Management does not mandate answers or solutions without
consultation
People are actively encouraged and supported to resolve their own
issues
Constructive
communications
are promoted
People listen and seek to understand before they seek to be understood
Constructive feedback is welcomed
Staff are skilled in communications and con?ict resolution
Organisation seeks to learn from its mistakes
Different styles
are accepted
and tolerated
Relationships across the organisation are supportive and cooperative
Leaders ‘walk
the talk’
They practise open and honest communication
They separate the problem from the person
They seek early resolution of con?ict
They champion effective con?ict management (and are sincere)
Organisational
mission, vision and
values are consistent
with a con?ict
management
philosophy
Organisation has taken steps to ensure its systems and structures
will minimise con?ict
2.1 Attributes of a con?ict
resilient workplace
The following three tables draw out the attributes of the levels in the con?ict resilient
workplace pyramid.
9 Developing Con?ict Resilient Workplaces 9 Developing Con?ict Resilient Workplaces
The middle level – preventing things from going wrong
Attribute Demonstrated By
We do things to
address con?ict
before it escalates
Staff, volunteers and managers know how to respond appropriately
at ?rst instance to complaints and issues
Feedback about issues is collected
Interaction is expected between managers, volunteers and staff (not
waiting until performance review time before giving or getting feedback)
An effective process
identi?es the best
way to resolve
disputes: con?ict
coaching, mediation,
investigation,
adjudication or some
other approach
There is a good understanding of which appropriate dispute resolution
approaches suit particular issues (see page 16)
Cases are referred to a dispute resolution process only once information
is analysed and the best process agreed
Organisational
culture supports the
airing of grievances
Con?ict can be safely raised; privacy is respected
Staff and volunteers are encouraged to voice concerns and constructive
dissent early
People feel con?dent that they will be heard, respected and their
concerns acted upon
Staff and volunteers are encouraged to resolve their own issues and
are talked through various options
Staff and volunteers are given reasons for decisions about disputes
Con?ict management is noted as a separate core competency, as
shown in the Community Sector Workforce Capability Framework (See
Appendix B)
Natural justice and procedural fairness are applied
The right data is
collected, analysed
and used
A representative working group or nominated person conducts
root cause analysis and makes recommendations to stop issues
from recurring
This information is shared broadly and used to make decisions –
for example, about training needs
Leaders take an
interest in
grievances
They read reports on con?ict, bullying, stress, grievances
They discuss grievances at meetings, preferably as standing
agenda items
10 Developing Con?ict Resilient Workplaces 10 Developing Con?ict Resilient Workplaces
The top level – reacting well when things do go wrong
Attribute Demonstrated By
There is a de?ned
and documented
process for
responding
to workplace
grievances
There are informal process options to resolve con?ict at a local level
(these emphasise listening and understanding)
There are formal process options for resolving disputes
Formal processes are generally not accessed until informal processes
have been used
There is a process to manage complaints and disputes in place
The dispute resolution procedures are based on a risk assessment
process
Staff and volunteers
know how to use
the process
Staff and volunteers know how and where to communicate their
grievance
Options for ascertaining legal rights and addressing underlying interests
are available
Appeal rights to other organisations are made clear
The outcomes of decisions are made clear to those involved, particularly
including reasons for the decision
Clear roles and
responsibilities are
allocated and
communicated
A nominated person exists for con?ict management and reports to the
leadership team
A senior person in the organisation has overarching responsibility for
con?ict management (and has direct access to the CEO/the leadership
team)
Con?ict
management
systems, policies
and procedures
are consistent with
wider organisational
practice
They are consistent with:
– each other
– policy and legislation
– industrial provisions and agreements
– key terms are used consistently
11 Developing Con?ict Resilient Workplaces 11 Developing Con?ict Resilient Workplaces
3. The con?ict management model
Each organisation has its own
culture, processes and traditions.
This means that con?ict management
systems will inevitably look different
in every organisation.
A con?ict management model should,
however, link rights-based formal
procedures with appropriate dispute
resolution models through strong
interactive problem solving.
The people directly involved in the
dispute should be actively encouraged
and supported to take responsibility
for managing their own issues.
As Figure 2 (on the following page)
shows, the con?ict management
model is underpinned by a strong
process for managing complaints
and disputes when they are raised.
It encourages appropriate dispute
resolution which has a strong focus
on the interests and needs of the
parties concerned.
There is a place for formal grievance
processes – but they are used for
speci?c disputes suited to formal
complaints, or as a safety net.
Where does this leave formal
grievance processes?
A con?ict resilient workplace uses
formal grievance processes when
they are necessary but prevents
con?ict escalating into formal
grievances when early resolution
is possible.
There is widespread acceptance,
and a legal requirement, that
organisations must have fair and
effective systems for handling
grievances. If someone claims that
a law or guideline has been
breached, there must be an
effective and fair system to test that
claim. If a grievance handling
system is not perceived as
procedurally fair, it will itself
generate grievances and
become part of the problem.
Putting resources into appropriate
dispute resolution models does not
do away with the need for formal
grievance structures. For example,
certain situations demand formal
processes be used: allegations of
criminal or serious misbehaviour;
situations where there is a lack of
good faith and people won’t
cooperate; situations where
procedural or legal issues arise,
or where the welfare of individuals
is threatened.
12 Developing Con?ict Resilient Workplaces 12 Developing Con?ict Resilient Workplaces
Characteristics of the con?ict
management model
– Provides early intervention through
a process for managing complaints
and disputes when they are raised
– Identi?es root causes of problems in
addition to symptoms, and shares
this information to create change
– Uses appropriate dispute resolution
(ADR) methods (feedback,
conversation, mediation, facilitation)
that preserve workplace
relationships by:
• addressing the needs and interests
of the people involved; and
• encouraging self resolution (with
support), rather than emphasising
a formal arm’s length process
– Incorporates preventative actions
such as training and raising
awareness.
Figure 2. Con?ict Management Model
Identify Issues
Formal
Complaint
Medical /
Legal
Referral
ADR
Approaches:
Coaching,
Mediation,
Facilitation
No Self
Resolution
Supported
Self-Resolution
13 Developing Con?ict Resilient Workplaces 13 Developing Con?ict Resilient Workplaces
3.1 Identifying the issue
Organisations must have an effective
issue identi?cation process in place to
manage complaints and disputes. This
is sometimes called ‘triage’ or
collaborative intake assessment. This
involves a designated staff member
who is skilful in asking the right
questions – ones that will elicit relevant
answers, and promote self-re?ection
– that will assist the parties concerned
to make an informed choice about the
best resolution option.
The importance of impartiality
In order for staff and volunteers to
feel comfortable speaking about the
situation or con?ict they are facing,
it is important that the designated
staff member is impartial to the
con?ict, and preferably not a
manager. In all cases, the privacy
and con?dentiality of the staff
member or volunteer should be
guaranteed in the ?rst instance an
issue is raised. These conditions
must exist for there to be
con?dence in the process.
Through this process it will, for
example, become apparent that
if someone is accused of doing
something that by policy and law must
formally be dealt with, and if the other
person clearly disputes that accusation,
the appropriate process will be a
rights-based process of adjudication.
Here, a formal complaint is usually
most appropriate.
Alternatively, if a dispute seems
to have arisen through lack of clarity
about issues, and if the dispute seems
only to affect a small number of
parties, then mediation may
be appropriate.
This issue identi?cation process
provides a legitimate opportunity
for people to describe their particular
issue, where options for resolving
the issue, including the objective the
person is seeking, as well as the likely
outcomes, can be discussed. This
collaborative approach results in
people being better informed about
their options, and provides people
with a high level of ownership and
responsibility for managing their
own issues.
14 Developing Con?ict Resilient Workplaces 14 Developing Con?ict Resilient Workplaces
This process helps people to:
– de?ne the problem and separate
the problem from the person
– identify the roles and relationships
that they have with each other and
with the workplace
– identify the issues – personal,
workplace, organisational, other
– identify interests, needs and
concerns (not just rights)
– unpack perceptions, assumptions,
interpretations and expectations
– consider the impact of emotions
on the process
– consider their own and others’ skills
and communication styles
– identify the information needed
– explore options and alternatives
– communicate choices
– use objective criteria
– commit to change.
Staff and volunteer access
to complaints and disputes
process
Ideally, the process for raising
complaints and disputes will be
accessible to staff and volunteers in a
number of ways. This encourages staff
and volunteers to act early and at an
appropriate level when they have a
concern. For example, they could:
– self manage a concern by
approaching a colleague directly
– seek internal advice from a
supervisor or manager, or human
resources or elected Occupational
Health and Safety representative
(if your organisation has them)
– seek informal resolution with
assistance from a supervisor,
manager or human resources
representative
– seek formal resolution through a
designated process (e.g. internal
grievance)
– seek external advice (e.g. from the
Victorian Equal Opportunity and
Human Rights Commission,
WorkSafe, or from your union).
15 Developing Con?ict Resilient Workplaces 15 Developing Con?ict Resilient Workplaces
3.2 Appropriate dispute resolution (ADR)
Appropriate dispute resolution (ADR)
processes, also known as alternative
dispute resolution, are an essential
part of the con?ict management model.
They include approaches such as
feedback, mediation, facilitation and
con?ict coaching – processes that can
be used as an alternative to, or
alongside, more formal, rights-based
models. Figure 3 (below) provides
a list of some of the more commonly
used approaches. These are described
in more detail in Appendix A.
ADR approaches are useful in
managing a range of situations from
individual performance to emotionally
complex issues that can arise in
working relationships. Recognising
the best approach to use for a given
situation is critical and should be
addressed as early as possible,
ideally when the issues are being
identi?ed. Figure 4 (on the following
page) provides information on what
approach might best ?t a situation.
ADR approaches are informal,
voluntary and don’t include litigation.
While they are usually structured, they
can take place without a third party
making a formal judgement.
Importantly, they are based on four
key tenets:
– The best decision makers in a
dispute are usually the people
directly involved.
– To effectively resolve a dispute,
people need to hear and understand
each other.
– Disputes are best resolved on
the basis of the people’s interests
and needs.
– Disputes are best resolved at the
earliest possible time and at the
lowest possible level.
Figure 3: Commonly used ADR approaches to promote constructive relationships
Feedback
and interactive
problem solving
Offering observations
or helping someone
to reflect.
Conversation
People talking to reach
shared understanding
and (possibly)
commit to action.
Conflict coaching
Powerful questioning
to help gain insights
and encourage
the concept
of mutuality.
Mediation
A third party assisting
the search for mutual
understanding and
optimal action.
Facilitation
A third party helping
a group to achieve a
collective goal. This
could involve workplace
conferencing or what is
known as appreciative
inquiry.
16 Developing Con?ict Resilient Workplaces 16 Developing Con?ict Resilient Workplaces
Figure 4 (below) lists a range of different situations, and presents suitable options for responding
constructively.
Why use appropriate
dispute resolution?
In most workplaces, con?ict develops
through everyday misunderstandings.
Con?ict, resentment and interpersonal
disputes occur when someone
believes their values, needs or identity
have been undermined or challenged.
The most strongly negative feelings
associated with interpersonal con?ict
are anger, fear and contempt, which
lead people to disengage, or to
engage destructively.
Figure 4: Using the best approach for the situation
Once they are in a state of con?ict,
people tend to identify others as the
problem, cling to their own ?xed
positions, feel that they can only win
if the others lose and insist on their
own subjective criteria.
People in con?ict often ?nd it hard to
engage constructively until they have
acknowledged the sources of the
con?ict, and have begun to transform
con?ict into cooperation. Appropriate
dispute resolution (ADR) approaches
facilitate this kind of change in thinking
and behaviour.
Managed change
Appropriate approaches Situation
Disputed accusation Investigation and adjudication (judgement)
Conflict coaching and other managerial skills
Managers needing to respond appropriately
to disputes and conflicts
Dispute between two,
or a small number of parties
Mediation (assisted negotiation)
Dispute or potential dispute
between several parties
Facilitation (problem-solving, strategic
planning, appreciative inquiry)
Specific conflict with no dispute
or many disputes
Group conferencing, transformative mediation
Training, coaching, mediation, facilitation
General conflict across
an organisation
17 Developing Con?ict Resilient Workplaces 17 Developing Con?ict Resilient Workplaces
4. Steps towards creating change
in your organisation
This section identi?es issues and
some useful tools for organisations
and individuals seeking to develop
a more con?ict resilient workplace.
It explains these against the
background of the steps commonly
used in any change management
exercise (Figure 5, below).
In some organisations, work towards
better con?ict handling may already be
underway – in which case this section
may assist in reviewing progress to
date and identifying next steps.
Step 5
Develop a plan for
implementing improvements
Step 3
Identify areas for
improvement. Determine
how well your organisation
manages conflict. This will
involve both diagnostic
work and discussions
Step 1
Create a representative
working group, or nominate
someone to decide on the
organisation’s objectives for
building conflict resilience,
and to conduct a review
of current practices and
future options
Step 2
Review the current
situation. The review will
assess the costs (both
dollars and human) of
conflict and propose
broad options for change
Step 4
Develop options for action
Step 6
Implement the improvements
Step 7
Evaluate the success
of interventions, including
the extent of participant
engagement. Provide
feedback to management,
staff and volunteers
Figure 5: Action Steps
18 Developing Con?ict Resilient Workplaces 18 Developing Con?ict Resilient Workplaces
Action steps: Step 1
Create a representative working group
Cultural change can only be achieved
with the commitment of Boards
and senior management, through
a ‘whole of organisation’ approach
aimed at identifying issues and
implementing change.
One way of doing this is to create
a working group to conduct a review
of con?ict management systems. The
group should bring together knowledge
from across the organisation. This
representative approach will bring the
right mix of skills and organisational
understanding to the review.
It will also bring a ‘whole of
organisation’ response to identifying
issues and implementing change.
This builds a sense of collective
commitment to the project.
Some suggestions for
forming a working group
– Seek commitment from Board
members and/or senior
management to be part of the
working group.
– Invite a range of staff and volunteers
with good organisational knowledge.
– Invite in?uential people to join the
group including those who you think
may need to be convinced of the
merits of possible change.
– Include people who have used the
existing complaints system (if any).
– Consider inviting people external to
the organisation to join the group,
who can add experience and
knowledge to the process.
Alternatively, if your organisation
only has a small number of people,
you may want to nominate one
person to be responsible for
carrying out these actions.
Finally, before you start work it is
crucial that clear reporting lines are
established, and that a mandate is
clearly set by senior management
or the CEO.
19 Developing Con?ict Resilient Workplaces 19 Developing Con?ict Resilient Workplaces
Action steps: Step 2
Review the current situation
It is important to gain broad
consensus about the need for change,
as well as the direction in which you
intend to head.
Information about current processes
and their effectiveness against agreed
objectives needs to be considered.
This will stimulate discussion about
objectives and assumptions that
may need to be further explored.
It should also form the business
case for change.
Ideas for writing a business case
(possibly one or two pages only)
are below. This document should
demonstrate that the organisation’s
culture and wellbeing of staff and
volunteers will be improved, and that
the organisation will reduce risk if it
invests appropriately in better con?ict
management systems.
What to include in
a business case
Goals
– These should be aligned to the
organisational goals – for example,
to improve workplace relations, to
reduce the cost of workplace con?ict
and to promote a safe and positive
environment for staff and volunteers.
– They should be speci?c and able to
be measured, by setting targets.
The problem
– Summarise the problems and
issues as the review group currently
see them.
– Identify the tangible and intangible
costs to the organisation of internal
con?ict.
– Identify the types of disputes that
pose a high risk to the organisation
and how you will prevent or resolve
them.
Solutions
– Seek out projects or case studies
from similar organisations that have
led to positive change.
– Outline the pros and cons of a list
of prioritised proposed options.
– Outline next steps (methodology),
including suggested timelines and
completion date.
Communication
– How will the strategy be
communicated to colleagues?
– Explain how progress will
be recorded.
Recommendations
– These must be clear, and must take
into account additional resources or
processes that may need to be put
in place.
What to do
Your working group or nominated
person can use the following
checklists as a conversation starter
for the review. The ?rst checklist asks
if you have evidence that things need
to change. The second asks you
to assess how well complaints are
being managed.
20 Developing Con?ict Resilient Workplaces 20 Developing Con?ict Resilient Workplaces
Checklist 1: Do you have evidence of a need for change?
Yes No
Is there evidence of
staff and volunteer
disengagement?
High levels of absenteeism or sick leave
? ?
High levels of disengagement
? ?
High levels of staff attrition
? ?
High numbers of external complaints about staff and/or
volunteers
? ?
Senior management don’t understand why people are
leaving and/or the implications of high staff and volunteer
turnover
? ?
Staff, volunteers and/or senior management display
inappropriate behaviour
? ?
People external to the organisation are engaged to resolve
issues
? ?
Some grievance systems are underused: people perceive
the system to be unfair, cumbersome or likely to bring
negative consequences
? ?
High number of
formal grievances
(including bullying
and harassment
cases)
Some grievance systems are overused leading to higher
levels of registered workplace grievances
? ?
Unresolved grievances are blocking the system
? ?
Poor organisational
response to con?ict
Processes don’t follow principles of natural justice and
procedural fairness
? ?
Those who handle workplace complaints don’t report to
those with the authority to do something about it
? ?
Data on grievances is collected
? ?
Data on grievances is collected – but little or nothing is
done with the information
? ?
No quantifying of the risk of unresolved con?ict
? ?
No strategic
thinking
No analysis of the return on investment from better
grievance handling
? ?
21 Developing Con?ict Resilient Workplaces 21 Developing Con?ict Resilient Workplaces
Checklist 2: How well are complaints being managed?
Yes No
Con?icts get too
big, too early
Con?ict is not always identi?ed early enough
? ?
Informal discussions don’t work (for whatever reason)
and formal grievances are quickly lodged
? ?
People approach problems from the point of view that it’s
their right to complain rather than articulating their
concerns in terms of their interests and needs
? ?
A focus on entitlements (a rights-based approach)
is stronger than a focus on the needs and interests
of the parties (an interests-based approach)
? ?
People don’t talk with each other to ?nd out what their
real concerns are
? ?
People take sides immediately and don’t stop to think
about what the issues are and the impact of those issues
on the people involved
? ?
Issues are being escalated unnecessarily
? ?
Those involved
aren’t satis?ed
The underlying issues in individual complaints are not
being adequately addressed
? ?
People who use the system are not satis?ed with the
process for handling disputes
? ?
Those involved
aren’t engaged
The people involved are not engaged in the process
? ?
People want to ‘hand over’ their issues for someone
else to manage
? ?
Points to consider
– Is there evidence of a need to
improve con?ict management?
– If you had to choose the main areas
for improvement (your biggest
problems), what would they be?
– Are they related to promoting,
preventing or responding to con?ict?
22 Developing Con?ict Resilient Workplaces 22 Developing Con?ict Resilient Workplaces
Is your organisation operating at its
optimal level? What does it do to
promote strong communication?
How does it prevent con?ict? How
well is your workplace managing
con?ict? How does it respond
when things go wrong?
What to do
Your representative working group
or nominated person should:
– Use the checklist at the end
of Step 2 (Checklist 2) as a
conversation starter for this step.
The checklist asks you to assess
how well complaints are being
managed. Answering ‘yes’ to a
majority of the points, may indicate
high levels of workplace con?ict
and a con?ict resolution system
that is under strain.
– Use Checklist 3 at the end
of Step 7 to do a further ‘big
picture’ evaluation.
– Look at other relevant data that
your organisation may have, such
as organisational climate surveys
and the results of other self
assessment tools (if any).
– Find out if processes are already
in place to assess how well your
organisation is functioning. Checklist
3 (at the end of Step 7) is a detailed
list of the attributes of a con?ict
resilient workplace. The list is
broken into three parts:
• Promoting a culture of
communication so that things
go right (Checklist 4).
• Preventing things from going
wrong (Checklist 5).
• Responding well when things
do go wrong (Checklist 6).
Your working group or nominated
person might want to use this checklist
to conduct a ‘big picture’ check to ?nd
out if your workplace is performing at
its optimal level.
Alternatively, your working group or
nominated person might want to
complete the Checklists 1 and 2 and
then consider which attributes of the
Checklist 3 are most needed:
promoting, preventing or responding.
This can then guide your decisions
about where to focus action.
Planning the work resulting
from the review
Revisit the goals outlined
in your business case
– Once agreed, these goals should be
revisited regularly. It is common for
goals to change over the course of
the review, so this should be
anticipated.
Decide on options for action
– Allow time for discussions. For
example, the working group or
nominated person might need a
few hours of uninterrupted time to
discuss whether the organisation
is functioning at its optimal best, to
discuss their individual conclusions,
and to debate different views.
– Distribute this guide as appropriate,
to support discussions.
Allocate roles
– Decide on the roles required as part
of the review. These might include
organising meetings, chairing
meetings, or doing research.
– Have someone facilitate working
group meetings. This needn’t be an
expert, but they must be prepared.
They should start each meeting with
a discussion to get agreement on the
meeting objectives. They should also
set ground rules for the meeting and
be given a mandate to enforce them.
Action steps: Step 3
Identify areas for improvement
23 Developing Con?ict Resilient Workplaces 23 Developing Con?ict Resilient Workplaces
Having identi?ed your main areas
for improvement, your representative
working group or nominated person
needs to develop some options
for action.
The objective here is to move towards
a best practice con?ict management
model – described earlier as the
con?ict resilient workplace, which
promotes a positive culture of
communication, prevents things
from going wrong, and responds
well when things do go wrong.
What to do
Your representative working group
or nominated person should:
– Identify a range of options for
dealing with your main areas
of concern:
• read through the various attributes
of a con?ict resilient workplace
listed in Checklist 3 for ideas.
• use the resources listed at
Appendix B of this guide.
– List the advantages and
disadvantages of each option.
Think about budget constraints,
time constraints, other relevant
projects, and the culture of your
particular organisation.
– Decide on those options you think
will make a reasonably signi?cant
difference, and are feasible.
– Find out what you need to do to
get support for your ideas. Will you
need some informal conversations
with other staff or management
before presenting a formal
written proposal?
– Develop a paper for your CEO or
senior management that outlines
your preferred options, and seeks
approval (if applicable).
Points to consider
Any options you develop should take
into account:
– Processes prescribed in industrial
awards and agreements for resolving
grievances and disputes.
– Your organisation’s internal policies
and procedures.
Action steps: Step 4
Develop options for action
24 Developing Con?ict Resilient Workplaces 24 Developing Con?ict Resilient Workplaces
Action steps: Step 5
Develop a plan
Once you have the go-ahead to
introduce speci?c change, a plan
for implementing this change is
needed. In deciding who will develop
this plan and how it will be
implemented, the following points
need to be considered:
Who
– Who will implement the plan?
– Will you need external experts?
– Who will you need to report
progress to?
Timing
– When will new interventions be
introduced?
– Which interventions are priorities?
– How often will meetings be held
to discuss the changes? Who will
be involved?
– When will progress/actions
be reported?
Cost
– Has a budget been estimated?
Evaluation
– How will progress be measured?
– How will success be measured?
– How will mistakes be learned from?
Consultation
– Who needs to be consulted before
you start?
Objectives
– Do these match your original project
objectives? If not, why not?
Points to consider
– Are the people being asked to
change involved in planning?
– Have people’s concerns with change
been articulated and addressed?
25 Developing Con?ict Resilient Workplaces 25 Developing Con?ict Resilient Workplaces
Action steps: Step 6
Implement the improvements
This step is where all the hard work
comes together. Having worked in an
open, collaborative and methodical
style as suggested in this guide,
implementation should not be
overwhelming – although, remember
something you didn’t expect is likely
to happen!
Most importantly, commitment from
the Board and/or senior management,
a representative working group (if
possible) and careful analysis of the
existing systems will mean that you
are working from a solid base.
Points to consider
– Has your communication for the
planned changes been rigorous?
Does everyone know and
understand what’s happening,
when it’s taking place and why
improvements are being made?
– Have the concerns of people who
will be instrumental in making the
changes, and those of others, been
comprehensively addressed?
26 Developing Con?ict Resilient Workplaces 26 Developing Con?ict Resilient Workplaces
Action steps: Step 7
Evaluate your success
The success of any changes and
interventions should be assessed.
This is a critical part of the action
learning model described earlier in
this guide. It sets up the learning for
the next stage of re?ection, planning
and change.
What to do
The person (or persons) carrying out
the evaluation should ask:
– What empirical evidence is there
that the project goals were met?
– Are there other factors (not just
empirical evidence) to suggest
success?
– How much did the project cost?
Did it exceed budget? Why?
– In hindsight, would you have done
anything differently?
– What feedback will you give to
the Board, management, staff
and volunteers?
How engaged participants were in
the project should also be measured
by asking:
– What did you learn by being part
of this project?
– In hindsight, would you have done
anything differently?
The following Checklists (4, 5 and 6)
may be of assistance here, as well
as the data that was gathered in
developing the original business
cases for the changes.
27 Developing Con?ict Resilient Workplaces 27 Developing Con?ict Resilient Workplaces
Does your organisation promote a culture of communication
to help things go right?
Checklist 4: How con?ict resilient is your workplace? Evaluate Your Success
Attribute Mark on a scale of 1 to 5 where ‘5’ is
‘just like us’ and ‘1’ is ‘not at all like us’
1 2 3 4 5
Collaborative problem
solving is integrated
into organisation’s
culture
Decisions are made by staff, volunteers
and managers
? ? ? ? ?
Management does not mandate answers
or solutions without consultation
? ? ? ? ?
Constructive
communications are
promoted
People listen and seek to understand before
they seek to be understood
? ? ? ? ?
Constructive feedback is welcomed
? ? ? ? ?
Staff and volunteers are skilled in
communications and con?ict resolution
? ? ? ? ?
Relationships across the organisation
are supportive and cooperative
? ? ? ? ?
Organisation seeks to learn from its mistakes
? ? ? ? ?
Different styles of work behaviour are accepted and tolerated
Leaders ‘walk the talk’ They practise open and honest
communications
? ? ? ? ?
They separate the problem from the person
? ? ? ? ?
They seek early resolution of con?ict
? ? ? ? ?
They champion effective con?ict
management (and are sincere)
? ? ? ? ?
Organisation’s mission,
vision and values are
consistent with a
con?ict management
philosophy
Organisation has taken steps to ensure its
systems and structures will minimise con?ict
? ? ? ? ?
Points to consider
– Which activities should your
organisation be doing more
of to help things go right?
– What else can your organisation
do to promote a culture of
communication?
28 Developing Con?ict Resilient Workplaces 28 Developing Con?ict Resilient Workplaces
Does your organisation prevent things from going wrong?
Checklist 5: How con?ict resilient is your workplace?
Attribute Mark on a scale of 1 to 5 where ‘5’ is
‘just like us’ and ‘1’ is ‘not at all like us’
1 2 3 4 5
We do things to
address con?ict
before it escalates
Staff, volunteers and managers know how
to respond appropriately in ?rst instance
to complaints and issues
? ? ? ? ?
Feedback about issues is collected
? ? ? ? ?
Open communication between managers,
volunteers and staff is commonplace
(performance review time is not the only
time feedback is given and received)
? ? ? ? ?
An effective process
identi?es the best way
to resolve disputes:
con?ict coaching,
mediation, investigation,
adjudication or some
other approach
There is a good understanding of which
appropriate dispute resolution approach
suits particular issues
? ? ? ? ?
Cases are referred to a dispute resolution
process only once. The information is
analysed and the best process agreed
? ? ? ? ?
People are given enough information about
options to make an informed choice
? ? ? ? ?
Organisational culture
supports the airing of
grievances
Con?ict can be safely raised; privacy
is respected
? ? ? ? ?
Staff and volunteers are encouraged to voice
concerns and constructive dissent early
? ? ? ? ?
People feel con?dent that they will be heard,
respected, and their concerns acted upon
? ? ? ? ?
Staff and volunteers are encouraged to
resolve their own issues and are supported
in their choice of resolution option
? ? ? ? ?
Staff and volunteers are given reasons
for decisions about grievances – in
writing and orally
? ? ? ? ?
29 Developing Con?ict Resilient Workplaces 29 Developing Con?ict Resilient Workplaces
Attribute Mark on a scale of 1 to 5 where ‘5’ is
‘just like us’ and ‘1’ is ‘not at all like us’
1 2 3 4 5
Con?ict management is a separate core
competency, as shown in the Community
Sector Workforce Capability Framework
? ? ? ? ?
Natural justice and procedural fairness
are applied
? ? ? ? ?
The right data is
collected, analysed
and used
A representative working group
conducts root cause analysis and makes
recommendations to stop issues recurring
? ? ? ? ?
This information is shared broadly and
used to make decisions – for example,
about training needs
? ? ? ? ?
Senior management
take an interest in
grievances
For example, senior management read
relevant reports, and discuss resolution
options
? ? ? ? ?
Points to consider
– Which activities should your
organisation be doing more of?
– What else can your organisation
do to prevent things going wrong?
30 Developing Con?ict Resilient Workplaces 30 Developing Con?ict Resilient Workplaces
Does your organisation respond well when things go wrong?
Checklist 6: How con?ict resilient is your workplace?
Attribute Mark on a scale of 1 to 5 where ‘5’ is
‘just like us’ and ‘1’ is ‘not at all like us’
1 2 3 4 5
There is a de?ned and
documented process
for responding to
workplace grievances
There are informal process options to
resolve con?ict (these emphasise listening
and understanding)
? ? ? ? ?
There are formal process options for
resolving disputes
? ? ? ? ?
Formal processes should not generally
be accessed until informal processes have
been used
? ? ? ? ?
There is an effective process for managing
complaints and disputes in place
? ? ? ? ?
Dispute resolution procedures are organised
by cost and based on a risk assessment
process
? ? ? ? ?
Staff and volunteers
know how to use the
process
Staff and volunteers know how and where
to communicate their problem/s
? ? ? ? ?
Options for ascertaining legal rights and
addressing underlying interests are available
? ? ? ? ?
The outcomes of decisions are made clear
to those involved, including reasons for the
decision – in writing and orally
? ? ? ? ?
Clear roles and
responsibilities are
allocated and
communicated
A nominated coordinator exists for con?ict
management and this person reports to the
CEO or senior management
? ? ? ? ?
A nominated person in the organisation has
overarching responsibility for con?ict
management with direct access to senior
management and/or the CEO
? ? ? ? ?
31 Developing Con?ict Resilient Workplaces 31 Developing Con?ict Resilient Workplaces
Points to consider
– Which of these activities should your
organisation be doing more of?
– What else can your organisation
do when things go wrong?
Attribute Mark on a scale of 1 to 5 where ‘5’ is
‘just like us’ and ‘1’ is ‘not at all like us’
1 2 3 4 5
Con?ict management
systems, policies and
procedures are
consistent with wider
organisational practice
They are consistent with:
– each other
– policy and legislation
– industrial provisions and agreements
– key terms are used consistently
? ? ? ? ?
32 Developing Con?ict Resilient Workplaces 32 Developing Con?ict Resilient Workplaces
Feedback
Offering observations or helping
someone to re?ect.
Coaching
Coaching approaches to managing
con?ict, particularly asking ‘what’
and ‘how’ questions (rather than
‘why’ questions) can help a person
understand a situation and interact
more effectively with colleagues.
A coach helps a person to re?ect
on a situation, to analyse interactions,
and then to identify and practise
alternative responses. When a similar
situation occurs, the person will react
with greater insight.
Supervisory/performance
coaching
Managers coach staff regularly as
a core part of their job. This coaching
helps to align the work staff are doing
with the work they should be doing.
How a manager provides coaching
feedback can signi?cantly affect
staff motivation – both positively
and negatively. Coaching is now a
recognised profession, with training
standards and accreditation bodies.
A coach can help a person to
articulate aspirations, then clarify
and achieve goals. Key techniques
include open questioning, provocation,
and assisting with analysis (rather than
advising or directing).
Mentoring
Some organisations run formal
mentoring programs. This usually
involves a more experienced colleague
providing advice and serving as an
example. Mentors can be internal
or external. An effective mentor
combines skills of coaching and
re?ective conversation.
Conversation
People talking, to reach shared
understanding and (possibly) to
commit to action.
Basic conversational skills can be
strengthened with programs that
help people to practise mindful
listening, questioning, and narration.
Strategic negotiation can be widely
applied in workplaces and involves
negotiating a shared understanding
and a plan of action to meet each
party’s needs.
Mediation
A third party assisting the search
for mutual understanding and
optimal action.
Mediation has been the appropriate
dispute resolution ?agship – and there
are many different mediation formats,
distinguished in terms of guiding
principles, process, outcomes and
type of program. For example, a
distinction between evaluative and
facilitative mediation is partly a
distinction between programs, partly
a distinction between processes, partly
a distinction between outcomes,
and partly a distinction based on
the principle of self-determination.
Appendix A: Summary of key appropriate
dispute resolution (ADR) methods
33 Developing Con?ict Resilient Workplaces 33 Developing Con?ict Resilient Workplaces
Evaluative mediation focuses on the
parties’ legal rights. The mediator
assesses what an adjudicator might
decide if the case were brought to
court, then seeks some resolution
consistent with these legal standards.
Facilitative mediation focuses on the
parties’ interests and options and
seeks to resolve disputes by meeting
those interests. The facilitative
mediator encourages the disputing
parties to control much of the process
and to make the key decisions.
Transformative mediation focuses
more generally on helping the parties
to understand each other’s values
and interests to repair relationships.
Accordingly, transformative mediation
is often used for disputes involving
interpersonal con?icts.
Despite these differences, mediation
can be understood as assisted
negotiation. It is a generic process
in which a third party assists the
people directly involved to negotiate
a mutually acceptable outcome.
Each variation on a basic format is
appropriate for certain situations. Any
variations on the process should be
determined largely by the nature of the
particular case and the speci?c needs
of the participants.
Mediation is understood to
increase both:
– ef?ciency (decreases costs and
reduces delays in decision making)
– effectiveness (increases a sense of
procedural fairness, as those
affected by agreements have been
involved, and parties look beyond
the narrow issue of legal rights to
consider their broader interests).
Important
For mediation to be effective,
it is crucial that the mediator is
mutually accepted by all parties,
and is seen to be impartial to the
con?ict. If there is suspicion that the
mediator has a vested interest in
the outcome, or worse – that they
are biased towards one party – this
process will not be effective and
may generate further resentment.
As such, if an internal mediator is
sought, they should not be involved
in the con?ict, and ideally should
not be a manager. People external
to the organisation should also
be considered.
34 Developing Con?ict Resilient Workplaces 34 Developing Con?ict Resilient Workplaces
Con?ict coaching
A ‘model’ process for helping
people resolve their own con?icts
through seeing the other person’s
perspective.
Con?ict presents opportunities for
people to strengthen their relationships
with themselves and others. Resolving
the issues is only one of the desired
outcomes when people are in dispute.
Behaviour change is achieved in part,
by increased self awareness and
insight. With increased self awareness,
we are more likely to discover our
choices and shift our behaviour.
One of the elements that underpin
con?ict coaching is that change
in con?ict behaviour is more likely
to occur when people understand
the concept of mutuality. This involves
considering various elements of the
con?ict, from both (or all) sides. Self
determination is a crucial component
of coaching. Con?ict coaching
supports effective and productive
working relationships. It is an
equally useful model for anyone
in an organisation offering insights
into the dynamics of team and
workplace con?icts.
Facilitation
A third party helping a group
to achieve a collective goal.
Workplace conferencing
Conferencing is a process that
helps a group of individuals to manage
their own relationships in the wake
of con?ict. The con?ict may be
associated with a single incident or
with ongoing patterns of behaviour.
The facilitator provides the process
so that a group can understand what
has happened, how people have been
affected, and what might be done
to improve the situation.
Appreciative inquiry
Appreciative inquiry is an approach
to organisational development. Its
guiding principle is that organisations
can change adaptively by focusing
on what works. Colleagues determine
what goals need to be achieved,
and focus primarily on ways to
achieve these goals, rather than
focusing primarily on problems
that need solving.
Other modes of facilitation
The practice of effective group
decision-making is growing rapidly.
Promoters emphasise the public
good of involvement, collaborative
decision-making, citizen engagement,
advocacy, mediation, consensus
building and community building.
35 Developing Con?ict Resilient Workplaces 35 Developing Con?ict Resilient Workplaces
Dispute Settlement Centre of Victoria
Phone: 1800 658 528
http://www.disputes.vic.gov.au/dscv/
Free advice, con?ict coaching
and mediation services
Dispute Settlement Centre of Victoria –
Reaching Agreement
http://www.disputes.vic.gov.au/reachingagreement
Advice on resolving common disputes
Institute of Arbitrators and Mediators Australia (IAMA)
Phone: 03 9607 6908
www.iama.org.au
Mediation services
LEADR – Association of Dispute Resolvers
Phone: 02 9251 3366 or 1800 651 650
www.leadr.com.au
Mediation Services
Victorian Bar
Phone: 03 9225 7111
www.vicbar.com.au
Mediation Services
State Services Authority, Developing Con?ict
Resilient Workplaces: An implementation guide
for Victorian public sector managers and teams (2010)
Guide
State Services Authority, Con?ict Resilient Workplaces:
a report for Victorian public sector leaders (2010)
Report
State Services Authority, Fair and reasonable treatment
and reasonable avenues of redress (2006)
Guidelines
State Services Authority, Managing poor performance
in the workplace (2008)
Guidelines
Appendix B: Other resources
and further reading
The Of?ce for the Community Sector (OCS) and the State Services Authority (SSA) have a number
of publications available to download from the OCS and SSA websites at: www.dpcd.vic.gov.au/
communitysector and www.ssa.vic.gov.au
36 Developing Con?ict Resilient Workplaces 36 Developing Con?ict Resilient Workplaces
State Services Authority, How positive is your
work environment (2008)
Toolkit
State Services Authority, Ethics Resource Kit (2008) Toolkit
State Services Authority, People Metrics resource (2010) Guide & dictionary
State Services Authority, Talking Performance (2010) eLearning resource
Of?ce for the Community Sector, Community Sector
Workforce Capability Framework Tool Kit (2010)
Toolkit
Of?ce for the Community Sector, Community
Sector Workforce Capability Framework
Capability Cards (2010)
Capability cards
Of?ce for the Community Sector and Windermere
Child and Family Services, Capability Mapping and
Feedback Tool (2010), available to download from
http://www.windermere.org.au/capability-mapping/
downloads.php
Computer based tool
Of?ce for the Community Sector and State Services
Authority, Best practice recruitment and selection –
a tool kit for the community sector (2010)
Toolkit
Of?ce for the Community Sector, Community Sector –
Attracting and retaining staff in regional Victoria (2010)
Guide
doc_800616326.pdf
A conflict resilient workplace is underpinned by strong communications and relationships, which is supported and demonstrated from the Board level down.
Developing Con?ict
Resilient Workplaces
A how-to guide for creating more positive
workplaces in the Victorian not-for-pro?t sector
Published by the Of?ce for the Community Sector
Department of Planning and Community Development
1 Spring Street
Melbourne Victoria 3001
Telephone 03 9208 3543
September 2011
© Copyright State of Victoria 2011
This publication is copyright. No part of it may be
reproduced by any process except in accordance
with provisions of the Copyright Act 1968
Authorised by the Victorian Government, Melbourne
ISBN 978-1-921940-14-9
Design – The White Studio
Print-managed – Finsbury Green
Printed on 55% recycled paper
Accessibility
If you would like to receive this publication in
an accessible format, such as large print or
audio, please telephone the Of?ce for the
Community Sector on 03 9208 3543, or
email [email protected]
This publication is also published in PDF and Word
formats on www.dpcd.vic.gov.au/communitysector
1 Developing Con?ict Resilient Workplaces 1 Developing Con?ict Resilient Workplaces
Table of Contents
1. Background 3
1.1 The cost of con?ict 5
2. What does a con?ict resilient workplace look like? 6
2.1 Attributes of a con?ict resilient workplace 8
3. The con?ict management model 11
3.1 Identifying the issue 13
3.2 Appropriate dispute resolution (ADR) 15
4. Steps towards creating change in your organisation 17
1. Create a representative working group 18
2. Review the current situation 19
3. Identify areas for improvement 22
4. Develop options for action 23
5. Develop a plan 24
6. Implement the improvements 25
7. Evaluate your success 26
Appendix A: Summary of key appropriate 32
dispute resolution methods
Appendix B: Other resources and further reading 35
2 Developing Con?ict Resilient Workplaces 2 Developing Con?ict Resilient Workplaces
The Of?ce for the
Community Sector
The Victorian Government established
the Of?ce for the Community Sector
(OCS) within the Department of
Planning and Community Development,
in order to support the long term
sustainability of the not-for-pro?t
(NFP) community sector.
The OCS works with the NFP
community sector and with other
government agencies to drive cross-
government activity that reduces
unnecessary burden related to
government accountability and
compliance requirements; and to
support the sector to build capacity
to continue to be responsive to the
needs of Victorians.
Initiatives such as the development
of the Community Sector Workforce
Capability Framework, the Best
Practice Recruitment and Selection
Tool Kit and this guide are key ways
in which the OCS works to build
the capacity of NFP community
organisations.
The State Services Authority
The Victorian Government established
the State Services Authority (SSA)
to improve services, standards,
governance, and workforce
development of the Victorian
public sector.
In 2010 the SSA developed the
publications: Developing Con?ict
Resilient Workplaces: A report
for Victorian public sector leaders
and Developing Con?ict Resilient
Workplaces: An implementation guide
for Victorian public sector managers
and teams.
That report and guide were formulated
following a project commenced by the
SSA in 2008, titled ‘Taking the heat out
of workplace issues’, to collaboratively
bring about positive change in the
con?ict resolution space in the
Victorian public sector.
3 Developing Con?ict Resilient Workplaces 3 Developing Con?ict Resilient Workplaces
1. Background
Strong con?ict management is
an important capability of effective
NFP community organisations and
individuals. In the Community Sector
Workforce Capability Framework,
developed by the OCS in consultation
with the NFP community sector,
con?ict management was identi?ed
as a separate core competency
for community sector workers.
This guide is based on the previous
publication developed by the SSA,
Developing Con?ict Resilient
Workplaces: An implementation guide
for Victorian public sector managers
and teams.
Working in collaboration, the OCS
and the SSA have adapted the original
publication to suit the needs of the
NFP community sector in Victoria.
Representatives from the sector were
consulted at each stage of the
development of this publication.
This guide has been designed
for medium-sized NFP community
organisations; however it can be
adapted for use by both small
and large organisations.
The OCS would like to thank the
individuals and organisations that
provided information and feedback
on this guide.
4 Developing Con?ict Resilient Workplaces 4 Developing Con?ict Resilient Workplaces
Purpose of this guide
The purpose of this guide is to act
as a handbook or reference manual
for individuals and groups in NFP
community organisations who want
to undertake work in the area of
con?ict resilience. This guide applies
to all NFP community sector staff,
including casual staff and volunteers.
Using this guide
This guide describes the features
of a con?ict resilient workplace –
one where con?ict is managed
well, and not allowed to escalate.
It supports you to create a more
positive workplace by suggesting
how to build commitment to change,
review current practice, identify areas
for improvement, present options for
change and evaluate success.
Much of the guide is diagnostic:
it encourages you to ask questions
about your organisation’s systems,
values and behaviours to identify the
most important issues to work on.
It also gives practical tips for writing
business cases and presenting options
to Boards and senior management
to help improve the con?ict resilience
of the organisation.
This guide uses terms such as
grievance, con?ict and dispute.
These terms are evolving in con?ict
management literature (and in law),
and therefore different organisations
might use the terms in different ways.
Rather than prescribe de?nitions here,
we urge you to interpret the language
and terms used in this publication
in a way that is meaningful to
your organisation.
5 Developing Con?ict Resilient Workplaces 5 Developing Con?ict Resilient Workplaces
1.1 The costs of con?ict
The costs of unresolved con?ict are
many, ranging from individual distress,
to broken relationships and strained
organisational resources.
Individual distress
Mental and physical wellbeing,
absenteeism, counter culture activities
and ongoing dissatisfaction.
Broken relationships
Lost productivity, lost opportunities,
declining trust and morale and
increased disputation.
Strained organisational
resources
Time spent on case management,
dif?culties with recruitment and
retention.
Work-related stress in
the community sector
Workplace stress associated
with unresolved con?ict can result
in signi?cant costs.
– In a report commissioned by the
International Labour Organization
(ILO), Geneva, it was estimated
that workplace stress accounts
for between 1-3.5% of a nation’s
Gross Domestic Product (GDP),
through measures such as loss
of productivity, compensation
payments, early retirement
and welfare related costs
1
.
– Research conducted by the
Victorian Council of Social
Service has shown that the
incidence of occupational
violence, bullying and stress is
unacceptably high in Victorian
community organisations
2
.
1 ILO, The Cost of Violence/Stress at Work and the
Bene?ts of a Violence/Stress-Free Working
Environment 2001
2 Victorian Council of Social Service, Occupational
Health and Safety Education in the Victorian
Community Sector 2008
6 Developing Con?ict Resilient Workplaces 6 Developing Con?ict Resilient Workplaces
2. What does a con?ict resilient
workplace look like?
A con?ict resilient workplace is
underpinned by strong communications
and relationships, which is supported
and demonstrated from the Board
level down.
A con?ict resilient workplace does not
rely solely on formal dispute processes,
but emphasises positive relationships
and strong communication so that
con?ict is managed early, at the lowest
possible level, and with the most
appropriate response.
It is one that integrates strong
diagnosis (‘what is the cause of the
problem?’) with appropriate decision
making about the best response (‘is
this best managed through adjudication
by a third party, or can we resolve
this better through non-confrontational
approaches such as mediation,
a courageous conversation
or facilitation?’).
Con?ict resilient workplaces
share four features
Promote
They are proactive in building a culture
of communication.
Prevent
They stop things going wrong.
Respond
They respond quickly and appropriately
when things do go wrong.
Comply
They comply with relevant guidelines,
rules, regulations and address
principles of natural justice and
procedural fairness.
NFP community organisations with
a strong con?ict management system
will respond well to con?ict by taking
the heat out of workplace issues early.
Once an organisation begins to identify
root causes of con?ict in individual
cases, it is possible to look for patterns
across multiple cases.
Ask
– What sort of early interventions
could resolve the greatest number
of problems?
– What could have prevented a
situation from becoming problematic
in the ?rst place?
– What would it take for people in
this organisation to have more
constructive interactions, working
relationships, and group dynamics?
– What initiatives would promote an
organisational culture characterised
by positive communication and
working relations?
When con?ict management is truly
integrated in organisations, the result
can be described as a system to
improve communication and workplace
relations. This will include dispute and
con?ict handling components, but the
main focus will be on building and
strengthening relationships.
7 Developing Con?ict Resilient Workplaces 7 Developing Con?ict Resilient Workplaces
The pyramid’s foundation level shows
that the dominant focus of con?ict
resilient workplaces is on building
and strengthening relationships to
help things go right.
The next stage shows activity in
formal and appropriate dispute
resolution practices, characterised by
an acknowledgment that responsibility
for solving con?ict is shared between
people involved (collaborative problem
solving). Methods used for resolving
interpersonal con?icts are usually:
feedback, conversation, mediation
and facilitation. Typically the focus
is on preventing things from
going wrong.
This diagram re?ects an environment
that is no longer dominated by a heavy
reliance on grievance procedures.
At the top of the pyramid (grievance
procedures) formal processes are used
only when there have been allegations
of criminal or serious misbehaviour;
where there is a lack of good faith;
situations where procedural or legal
issues arise, or where the welfare
of individuals is threatened.
Figure 1. The con?ict resilient workplace pyramid (below) depicts a con?ict
resilient workplace.
Figure 1: The conflict resilient workplace pyramid
Collaborative
problem solving
Grievance
procedure
Building and strengthening
workplace relationships
8 Developing Con?ict Resilient Workplaces 8 Developing Con?ict Resilient Workplaces
The foundation level – promoting a culture of communication
to help things go right
Attribute Demonstrated By
Collaborative
problem solving
is integrated into
organisational
culture
Decisions are made by the people directly involved
Management does not mandate answers or solutions without
consultation
People are actively encouraged and supported to resolve their own
issues
Constructive
communications
are promoted
People listen and seek to understand before they seek to be understood
Constructive feedback is welcomed
Staff are skilled in communications and con?ict resolution
Organisation seeks to learn from its mistakes
Different styles
are accepted
and tolerated
Relationships across the organisation are supportive and cooperative
Leaders ‘walk
the talk’
They practise open and honest communication
They separate the problem from the person
They seek early resolution of con?ict
They champion effective con?ict management (and are sincere)
Organisational
mission, vision and
values are consistent
with a con?ict
management
philosophy
Organisation has taken steps to ensure its systems and structures
will minimise con?ict
2.1 Attributes of a con?ict
resilient workplace
The following three tables draw out the attributes of the levels in the con?ict resilient
workplace pyramid.
9 Developing Con?ict Resilient Workplaces 9 Developing Con?ict Resilient Workplaces
The middle level – preventing things from going wrong
Attribute Demonstrated By
We do things to
address con?ict
before it escalates
Staff, volunteers and managers know how to respond appropriately
at ?rst instance to complaints and issues
Feedback about issues is collected
Interaction is expected between managers, volunteers and staff (not
waiting until performance review time before giving or getting feedback)
An effective process
identi?es the best
way to resolve
disputes: con?ict
coaching, mediation,
investigation,
adjudication or some
other approach
There is a good understanding of which appropriate dispute resolution
approaches suit particular issues (see page 16)
Cases are referred to a dispute resolution process only once information
is analysed and the best process agreed
Organisational
culture supports the
airing of grievances
Con?ict can be safely raised; privacy is respected
Staff and volunteers are encouraged to voice concerns and constructive
dissent early
People feel con?dent that they will be heard, respected and their
concerns acted upon
Staff and volunteers are encouraged to resolve their own issues and
are talked through various options
Staff and volunteers are given reasons for decisions about disputes
Con?ict management is noted as a separate core competency, as
shown in the Community Sector Workforce Capability Framework (See
Appendix B)
Natural justice and procedural fairness are applied
The right data is
collected, analysed
and used
A representative working group or nominated person conducts
root cause analysis and makes recommendations to stop issues
from recurring
This information is shared broadly and used to make decisions –
for example, about training needs
Leaders take an
interest in
grievances
They read reports on con?ict, bullying, stress, grievances
They discuss grievances at meetings, preferably as standing
agenda items
10 Developing Con?ict Resilient Workplaces 10 Developing Con?ict Resilient Workplaces
The top level – reacting well when things do go wrong
Attribute Demonstrated By
There is a de?ned
and documented
process for
responding
to workplace
grievances
There are informal process options to resolve con?ict at a local level
(these emphasise listening and understanding)
There are formal process options for resolving disputes
Formal processes are generally not accessed until informal processes
have been used
There is a process to manage complaints and disputes in place
The dispute resolution procedures are based on a risk assessment
process
Staff and volunteers
know how to use
the process
Staff and volunteers know how and where to communicate their
grievance
Options for ascertaining legal rights and addressing underlying interests
are available
Appeal rights to other organisations are made clear
The outcomes of decisions are made clear to those involved, particularly
including reasons for the decision
Clear roles and
responsibilities are
allocated and
communicated
A nominated person exists for con?ict management and reports to the
leadership team
A senior person in the organisation has overarching responsibility for
con?ict management (and has direct access to the CEO/the leadership
team)
Con?ict
management
systems, policies
and procedures
are consistent with
wider organisational
practice
They are consistent with:
– each other
– policy and legislation
– industrial provisions and agreements
– key terms are used consistently
11 Developing Con?ict Resilient Workplaces 11 Developing Con?ict Resilient Workplaces
3. The con?ict management model
Each organisation has its own
culture, processes and traditions.
This means that con?ict management
systems will inevitably look different
in every organisation.
A con?ict management model should,
however, link rights-based formal
procedures with appropriate dispute
resolution models through strong
interactive problem solving.
The people directly involved in the
dispute should be actively encouraged
and supported to take responsibility
for managing their own issues.
As Figure 2 (on the following page)
shows, the con?ict management
model is underpinned by a strong
process for managing complaints
and disputes when they are raised.
It encourages appropriate dispute
resolution which has a strong focus
on the interests and needs of the
parties concerned.
There is a place for formal grievance
processes – but they are used for
speci?c disputes suited to formal
complaints, or as a safety net.
Where does this leave formal
grievance processes?
A con?ict resilient workplace uses
formal grievance processes when
they are necessary but prevents
con?ict escalating into formal
grievances when early resolution
is possible.
There is widespread acceptance,
and a legal requirement, that
organisations must have fair and
effective systems for handling
grievances. If someone claims that
a law or guideline has been
breached, there must be an
effective and fair system to test that
claim. If a grievance handling
system is not perceived as
procedurally fair, it will itself
generate grievances and
become part of the problem.
Putting resources into appropriate
dispute resolution models does not
do away with the need for formal
grievance structures. For example,
certain situations demand formal
processes be used: allegations of
criminal or serious misbehaviour;
situations where there is a lack of
good faith and people won’t
cooperate; situations where
procedural or legal issues arise,
or where the welfare of individuals
is threatened.
12 Developing Con?ict Resilient Workplaces 12 Developing Con?ict Resilient Workplaces
Characteristics of the con?ict
management model
– Provides early intervention through
a process for managing complaints
and disputes when they are raised
– Identi?es root causes of problems in
addition to symptoms, and shares
this information to create change
– Uses appropriate dispute resolution
(ADR) methods (feedback,
conversation, mediation, facilitation)
that preserve workplace
relationships by:
• addressing the needs and interests
of the people involved; and
• encouraging self resolution (with
support), rather than emphasising
a formal arm’s length process
– Incorporates preventative actions
such as training and raising
awareness.
Figure 2. Con?ict Management Model
Identify Issues
Formal
Complaint
Medical /
Legal
Referral
ADR
Approaches:
Coaching,
Mediation,
Facilitation
No Self
Resolution
Supported
Self-Resolution
13 Developing Con?ict Resilient Workplaces 13 Developing Con?ict Resilient Workplaces
3.1 Identifying the issue
Organisations must have an effective
issue identi?cation process in place to
manage complaints and disputes. This
is sometimes called ‘triage’ or
collaborative intake assessment. This
involves a designated staff member
who is skilful in asking the right
questions – ones that will elicit relevant
answers, and promote self-re?ection
– that will assist the parties concerned
to make an informed choice about the
best resolution option.
The importance of impartiality
In order for staff and volunteers to
feel comfortable speaking about the
situation or con?ict they are facing,
it is important that the designated
staff member is impartial to the
con?ict, and preferably not a
manager. In all cases, the privacy
and con?dentiality of the staff
member or volunteer should be
guaranteed in the ?rst instance an
issue is raised. These conditions
must exist for there to be
con?dence in the process.
Through this process it will, for
example, become apparent that
if someone is accused of doing
something that by policy and law must
formally be dealt with, and if the other
person clearly disputes that accusation,
the appropriate process will be a
rights-based process of adjudication.
Here, a formal complaint is usually
most appropriate.
Alternatively, if a dispute seems
to have arisen through lack of clarity
about issues, and if the dispute seems
only to affect a small number of
parties, then mediation may
be appropriate.
This issue identi?cation process
provides a legitimate opportunity
for people to describe their particular
issue, where options for resolving
the issue, including the objective the
person is seeking, as well as the likely
outcomes, can be discussed. This
collaborative approach results in
people being better informed about
their options, and provides people
with a high level of ownership and
responsibility for managing their
own issues.
14 Developing Con?ict Resilient Workplaces 14 Developing Con?ict Resilient Workplaces
This process helps people to:
– de?ne the problem and separate
the problem from the person
– identify the roles and relationships
that they have with each other and
with the workplace
– identify the issues – personal,
workplace, organisational, other
– identify interests, needs and
concerns (not just rights)
– unpack perceptions, assumptions,
interpretations and expectations
– consider the impact of emotions
on the process
– consider their own and others’ skills
and communication styles
– identify the information needed
– explore options and alternatives
– communicate choices
– use objective criteria
– commit to change.
Staff and volunteer access
to complaints and disputes
process
Ideally, the process for raising
complaints and disputes will be
accessible to staff and volunteers in a
number of ways. This encourages staff
and volunteers to act early and at an
appropriate level when they have a
concern. For example, they could:
– self manage a concern by
approaching a colleague directly
– seek internal advice from a
supervisor or manager, or human
resources or elected Occupational
Health and Safety representative
(if your organisation has them)
– seek informal resolution with
assistance from a supervisor,
manager or human resources
representative
– seek formal resolution through a
designated process (e.g. internal
grievance)
– seek external advice (e.g. from the
Victorian Equal Opportunity and
Human Rights Commission,
WorkSafe, or from your union).
15 Developing Con?ict Resilient Workplaces 15 Developing Con?ict Resilient Workplaces
3.2 Appropriate dispute resolution (ADR)
Appropriate dispute resolution (ADR)
processes, also known as alternative
dispute resolution, are an essential
part of the con?ict management model.
They include approaches such as
feedback, mediation, facilitation and
con?ict coaching – processes that can
be used as an alternative to, or
alongside, more formal, rights-based
models. Figure 3 (below) provides
a list of some of the more commonly
used approaches. These are described
in more detail in Appendix A.
ADR approaches are useful in
managing a range of situations from
individual performance to emotionally
complex issues that can arise in
working relationships. Recognising
the best approach to use for a given
situation is critical and should be
addressed as early as possible,
ideally when the issues are being
identi?ed. Figure 4 (on the following
page) provides information on what
approach might best ?t a situation.
ADR approaches are informal,
voluntary and don’t include litigation.
While they are usually structured, they
can take place without a third party
making a formal judgement.
Importantly, they are based on four
key tenets:
– The best decision makers in a
dispute are usually the people
directly involved.
– To effectively resolve a dispute,
people need to hear and understand
each other.
– Disputes are best resolved on
the basis of the people’s interests
and needs.
– Disputes are best resolved at the
earliest possible time and at the
lowest possible level.
Figure 3: Commonly used ADR approaches to promote constructive relationships
Feedback
and interactive
problem solving
Offering observations
or helping someone
to reflect.
Conversation
People talking to reach
shared understanding
and (possibly)
commit to action.
Conflict coaching
Powerful questioning
to help gain insights
and encourage
the concept
of mutuality.
Mediation
A third party assisting
the search for mutual
understanding and
optimal action.
Facilitation
A third party helping
a group to achieve a
collective goal. This
could involve workplace
conferencing or what is
known as appreciative
inquiry.
16 Developing Con?ict Resilient Workplaces 16 Developing Con?ict Resilient Workplaces
Figure 4 (below) lists a range of different situations, and presents suitable options for responding
constructively.
Why use appropriate
dispute resolution?
In most workplaces, con?ict develops
through everyday misunderstandings.
Con?ict, resentment and interpersonal
disputes occur when someone
believes their values, needs or identity
have been undermined or challenged.
The most strongly negative feelings
associated with interpersonal con?ict
are anger, fear and contempt, which
lead people to disengage, or to
engage destructively.
Figure 4: Using the best approach for the situation
Once they are in a state of con?ict,
people tend to identify others as the
problem, cling to their own ?xed
positions, feel that they can only win
if the others lose and insist on their
own subjective criteria.
People in con?ict often ?nd it hard to
engage constructively until they have
acknowledged the sources of the
con?ict, and have begun to transform
con?ict into cooperation. Appropriate
dispute resolution (ADR) approaches
facilitate this kind of change in thinking
and behaviour.
Managed change
Appropriate approaches Situation
Disputed accusation Investigation and adjudication (judgement)
Conflict coaching and other managerial skills
Managers needing to respond appropriately
to disputes and conflicts
Dispute between two,
or a small number of parties
Mediation (assisted negotiation)
Dispute or potential dispute
between several parties
Facilitation (problem-solving, strategic
planning, appreciative inquiry)
Specific conflict with no dispute
or many disputes
Group conferencing, transformative mediation
Training, coaching, mediation, facilitation
General conflict across
an organisation
17 Developing Con?ict Resilient Workplaces 17 Developing Con?ict Resilient Workplaces
4. Steps towards creating change
in your organisation
This section identi?es issues and
some useful tools for organisations
and individuals seeking to develop
a more con?ict resilient workplace.
It explains these against the
background of the steps commonly
used in any change management
exercise (Figure 5, below).
In some organisations, work towards
better con?ict handling may already be
underway – in which case this section
may assist in reviewing progress to
date and identifying next steps.
Step 5
Develop a plan for
implementing improvements
Step 3
Identify areas for
improvement. Determine
how well your organisation
manages conflict. This will
involve both diagnostic
work and discussions
Step 1
Create a representative
working group, or nominate
someone to decide on the
organisation’s objectives for
building conflict resilience,
and to conduct a review
of current practices and
future options
Step 2
Review the current
situation. The review will
assess the costs (both
dollars and human) of
conflict and propose
broad options for change
Step 4
Develop options for action
Step 6
Implement the improvements
Step 7
Evaluate the success
of interventions, including
the extent of participant
engagement. Provide
feedback to management,
staff and volunteers
Figure 5: Action Steps
18 Developing Con?ict Resilient Workplaces 18 Developing Con?ict Resilient Workplaces
Action steps: Step 1
Create a representative working group
Cultural change can only be achieved
with the commitment of Boards
and senior management, through
a ‘whole of organisation’ approach
aimed at identifying issues and
implementing change.
One way of doing this is to create
a working group to conduct a review
of con?ict management systems. The
group should bring together knowledge
from across the organisation. This
representative approach will bring the
right mix of skills and organisational
understanding to the review.
It will also bring a ‘whole of
organisation’ response to identifying
issues and implementing change.
This builds a sense of collective
commitment to the project.
Some suggestions for
forming a working group
– Seek commitment from Board
members and/or senior
management to be part of the
working group.
– Invite a range of staff and volunteers
with good organisational knowledge.
– Invite in?uential people to join the
group including those who you think
may need to be convinced of the
merits of possible change.
– Include people who have used the
existing complaints system (if any).
– Consider inviting people external to
the organisation to join the group,
who can add experience and
knowledge to the process.
Alternatively, if your organisation
only has a small number of people,
you may want to nominate one
person to be responsible for
carrying out these actions.
Finally, before you start work it is
crucial that clear reporting lines are
established, and that a mandate is
clearly set by senior management
or the CEO.
19 Developing Con?ict Resilient Workplaces 19 Developing Con?ict Resilient Workplaces
Action steps: Step 2
Review the current situation
It is important to gain broad
consensus about the need for change,
as well as the direction in which you
intend to head.
Information about current processes
and their effectiveness against agreed
objectives needs to be considered.
This will stimulate discussion about
objectives and assumptions that
may need to be further explored.
It should also form the business
case for change.
Ideas for writing a business case
(possibly one or two pages only)
are below. This document should
demonstrate that the organisation’s
culture and wellbeing of staff and
volunteers will be improved, and that
the organisation will reduce risk if it
invests appropriately in better con?ict
management systems.
What to include in
a business case
Goals
– These should be aligned to the
organisational goals – for example,
to improve workplace relations, to
reduce the cost of workplace con?ict
and to promote a safe and positive
environment for staff and volunteers.
– They should be speci?c and able to
be measured, by setting targets.
The problem
– Summarise the problems and
issues as the review group currently
see them.
– Identify the tangible and intangible
costs to the organisation of internal
con?ict.
– Identify the types of disputes that
pose a high risk to the organisation
and how you will prevent or resolve
them.
Solutions
– Seek out projects or case studies
from similar organisations that have
led to positive change.
– Outline the pros and cons of a list
of prioritised proposed options.
– Outline next steps (methodology),
including suggested timelines and
completion date.
Communication
– How will the strategy be
communicated to colleagues?
– Explain how progress will
be recorded.
Recommendations
– These must be clear, and must take
into account additional resources or
processes that may need to be put
in place.
What to do
Your working group or nominated
person can use the following
checklists as a conversation starter
for the review. The ?rst checklist asks
if you have evidence that things need
to change. The second asks you
to assess how well complaints are
being managed.
20 Developing Con?ict Resilient Workplaces 20 Developing Con?ict Resilient Workplaces
Checklist 1: Do you have evidence of a need for change?
Yes No
Is there evidence of
staff and volunteer
disengagement?
High levels of absenteeism or sick leave
? ?
High levels of disengagement
? ?
High levels of staff attrition
? ?
High numbers of external complaints about staff and/or
volunteers
? ?
Senior management don’t understand why people are
leaving and/or the implications of high staff and volunteer
turnover
? ?
Staff, volunteers and/or senior management display
inappropriate behaviour
? ?
People external to the organisation are engaged to resolve
issues
? ?
Some grievance systems are underused: people perceive
the system to be unfair, cumbersome or likely to bring
negative consequences
? ?
High number of
formal grievances
(including bullying
and harassment
cases)
Some grievance systems are overused leading to higher
levels of registered workplace grievances
? ?
Unresolved grievances are blocking the system
? ?
Poor organisational
response to con?ict
Processes don’t follow principles of natural justice and
procedural fairness
? ?
Those who handle workplace complaints don’t report to
those with the authority to do something about it
? ?
Data on grievances is collected
? ?
Data on grievances is collected – but little or nothing is
done with the information
? ?
No quantifying of the risk of unresolved con?ict
? ?
No strategic
thinking
No analysis of the return on investment from better
grievance handling
? ?
21 Developing Con?ict Resilient Workplaces 21 Developing Con?ict Resilient Workplaces
Checklist 2: How well are complaints being managed?
Yes No
Con?icts get too
big, too early
Con?ict is not always identi?ed early enough
? ?
Informal discussions don’t work (for whatever reason)
and formal grievances are quickly lodged
? ?
People approach problems from the point of view that it’s
their right to complain rather than articulating their
concerns in terms of their interests and needs
? ?
A focus on entitlements (a rights-based approach)
is stronger than a focus on the needs and interests
of the parties (an interests-based approach)
? ?
People don’t talk with each other to ?nd out what their
real concerns are
? ?
People take sides immediately and don’t stop to think
about what the issues are and the impact of those issues
on the people involved
? ?
Issues are being escalated unnecessarily
? ?
Those involved
aren’t satis?ed
The underlying issues in individual complaints are not
being adequately addressed
? ?
People who use the system are not satis?ed with the
process for handling disputes
? ?
Those involved
aren’t engaged
The people involved are not engaged in the process
? ?
People want to ‘hand over’ their issues for someone
else to manage
? ?
Points to consider
– Is there evidence of a need to
improve con?ict management?
– If you had to choose the main areas
for improvement (your biggest
problems), what would they be?
– Are they related to promoting,
preventing or responding to con?ict?
22 Developing Con?ict Resilient Workplaces 22 Developing Con?ict Resilient Workplaces
Is your organisation operating at its
optimal level? What does it do to
promote strong communication?
How does it prevent con?ict? How
well is your workplace managing
con?ict? How does it respond
when things go wrong?
What to do
Your representative working group
or nominated person should:
– Use the checklist at the end
of Step 2 (Checklist 2) as a
conversation starter for this step.
The checklist asks you to assess
how well complaints are being
managed. Answering ‘yes’ to a
majority of the points, may indicate
high levels of workplace con?ict
and a con?ict resolution system
that is under strain.
– Use Checklist 3 at the end
of Step 7 to do a further ‘big
picture’ evaluation.
– Look at other relevant data that
your organisation may have, such
as organisational climate surveys
and the results of other self
assessment tools (if any).
– Find out if processes are already
in place to assess how well your
organisation is functioning. Checklist
3 (at the end of Step 7) is a detailed
list of the attributes of a con?ict
resilient workplace. The list is
broken into three parts:
• Promoting a culture of
communication so that things
go right (Checklist 4).
• Preventing things from going
wrong (Checklist 5).
• Responding well when things
do go wrong (Checklist 6).
Your working group or nominated
person might want to use this checklist
to conduct a ‘big picture’ check to ?nd
out if your workplace is performing at
its optimal level.
Alternatively, your working group or
nominated person might want to
complete the Checklists 1 and 2 and
then consider which attributes of the
Checklist 3 are most needed:
promoting, preventing or responding.
This can then guide your decisions
about where to focus action.
Planning the work resulting
from the review
Revisit the goals outlined
in your business case
– Once agreed, these goals should be
revisited regularly. It is common for
goals to change over the course of
the review, so this should be
anticipated.
Decide on options for action
– Allow time for discussions. For
example, the working group or
nominated person might need a
few hours of uninterrupted time to
discuss whether the organisation
is functioning at its optimal best, to
discuss their individual conclusions,
and to debate different views.
– Distribute this guide as appropriate,
to support discussions.
Allocate roles
– Decide on the roles required as part
of the review. These might include
organising meetings, chairing
meetings, or doing research.
– Have someone facilitate working
group meetings. This needn’t be an
expert, but they must be prepared.
They should start each meeting with
a discussion to get agreement on the
meeting objectives. They should also
set ground rules for the meeting and
be given a mandate to enforce them.
Action steps: Step 3
Identify areas for improvement
23 Developing Con?ict Resilient Workplaces 23 Developing Con?ict Resilient Workplaces
Having identi?ed your main areas
for improvement, your representative
working group or nominated person
needs to develop some options
for action.
The objective here is to move towards
a best practice con?ict management
model – described earlier as the
con?ict resilient workplace, which
promotes a positive culture of
communication, prevents things
from going wrong, and responds
well when things do go wrong.
What to do
Your representative working group
or nominated person should:
– Identify a range of options for
dealing with your main areas
of concern:
• read through the various attributes
of a con?ict resilient workplace
listed in Checklist 3 for ideas.
• use the resources listed at
Appendix B of this guide.
– List the advantages and
disadvantages of each option.
Think about budget constraints,
time constraints, other relevant
projects, and the culture of your
particular organisation.
– Decide on those options you think
will make a reasonably signi?cant
difference, and are feasible.
– Find out what you need to do to
get support for your ideas. Will you
need some informal conversations
with other staff or management
before presenting a formal
written proposal?
– Develop a paper for your CEO or
senior management that outlines
your preferred options, and seeks
approval (if applicable).
Points to consider
Any options you develop should take
into account:
– Processes prescribed in industrial
awards and agreements for resolving
grievances and disputes.
– Your organisation’s internal policies
and procedures.
Action steps: Step 4
Develop options for action
24 Developing Con?ict Resilient Workplaces 24 Developing Con?ict Resilient Workplaces
Action steps: Step 5
Develop a plan
Once you have the go-ahead to
introduce speci?c change, a plan
for implementing this change is
needed. In deciding who will develop
this plan and how it will be
implemented, the following points
need to be considered:
Who
– Who will implement the plan?
– Will you need external experts?
– Who will you need to report
progress to?
Timing
– When will new interventions be
introduced?
– Which interventions are priorities?
– How often will meetings be held
to discuss the changes? Who will
be involved?
– When will progress/actions
be reported?
Cost
– Has a budget been estimated?
Evaluation
– How will progress be measured?
– How will success be measured?
– How will mistakes be learned from?
Consultation
– Who needs to be consulted before
you start?
Objectives
– Do these match your original project
objectives? If not, why not?
Points to consider
– Are the people being asked to
change involved in planning?
– Have people’s concerns with change
been articulated and addressed?
25 Developing Con?ict Resilient Workplaces 25 Developing Con?ict Resilient Workplaces
Action steps: Step 6
Implement the improvements
This step is where all the hard work
comes together. Having worked in an
open, collaborative and methodical
style as suggested in this guide,
implementation should not be
overwhelming – although, remember
something you didn’t expect is likely
to happen!
Most importantly, commitment from
the Board and/or senior management,
a representative working group (if
possible) and careful analysis of the
existing systems will mean that you
are working from a solid base.
Points to consider
– Has your communication for the
planned changes been rigorous?
Does everyone know and
understand what’s happening,
when it’s taking place and why
improvements are being made?
– Have the concerns of people who
will be instrumental in making the
changes, and those of others, been
comprehensively addressed?
26 Developing Con?ict Resilient Workplaces 26 Developing Con?ict Resilient Workplaces
Action steps: Step 7
Evaluate your success
The success of any changes and
interventions should be assessed.
This is a critical part of the action
learning model described earlier in
this guide. It sets up the learning for
the next stage of re?ection, planning
and change.
What to do
The person (or persons) carrying out
the evaluation should ask:
– What empirical evidence is there
that the project goals were met?
– Are there other factors (not just
empirical evidence) to suggest
success?
– How much did the project cost?
Did it exceed budget? Why?
– In hindsight, would you have done
anything differently?
– What feedback will you give to
the Board, management, staff
and volunteers?
How engaged participants were in
the project should also be measured
by asking:
– What did you learn by being part
of this project?
– In hindsight, would you have done
anything differently?
The following Checklists (4, 5 and 6)
may be of assistance here, as well
as the data that was gathered in
developing the original business
cases for the changes.
27 Developing Con?ict Resilient Workplaces 27 Developing Con?ict Resilient Workplaces
Does your organisation promote a culture of communication
to help things go right?
Checklist 4: How con?ict resilient is your workplace? Evaluate Your Success
Attribute Mark on a scale of 1 to 5 where ‘5’ is
‘just like us’ and ‘1’ is ‘not at all like us’
1 2 3 4 5
Collaborative problem
solving is integrated
into organisation’s
culture
Decisions are made by staff, volunteers
and managers
? ? ? ? ?
Management does not mandate answers
or solutions without consultation
? ? ? ? ?
Constructive
communications are
promoted
People listen and seek to understand before
they seek to be understood
? ? ? ? ?
Constructive feedback is welcomed
? ? ? ? ?
Staff and volunteers are skilled in
communications and con?ict resolution
? ? ? ? ?
Relationships across the organisation
are supportive and cooperative
? ? ? ? ?
Organisation seeks to learn from its mistakes
? ? ? ? ?
Different styles of work behaviour are accepted and tolerated
Leaders ‘walk the talk’ They practise open and honest
communications
? ? ? ? ?
They separate the problem from the person
? ? ? ? ?
They seek early resolution of con?ict
? ? ? ? ?
They champion effective con?ict
management (and are sincere)
? ? ? ? ?
Organisation’s mission,
vision and values are
consistent with a
con?ict management
philosophy
Organisation has taken steps to ensure its
systems and structures will minimise con?ict
? ? ? ? ?
Points to consider
– Which activities should your
organisation be doing more
of to help things go right?
– What else can your organisation
do to promote a culture of
communication?
28 Developing Con?ict Resilient Workplaces 28 Developing Con?ict Resilient Workplaces
Does your organisation prevent things from going wrong?
Checklist 5: How con?ict resilient is your workplace?
Attribute Mark on a scale of 1 to 5 where ‘5’ is
‘just like us’ and ‘1’ is ‘not at all like us’
1 2 3 4 5
We do things to
address con?ict
before it escalates
Staff, volunteers and managers know how
to respond appropriately in ?rst instance
to complaints and issues
? ? ? ? ?
Feedback about issues is collected
? ? ? ? ?
Open communication between managers,
volunteers and staff is commonplace
(performance review time is not the only
time feedback is given and received)
? ? ? ? ?
An effective process
identi?es the best way
to resolve disputes:
con?ict coaching,
mediation, investigation,
adjudication or some
other approach
There is a good understanding of which
appropriate dispute resolution approach
suits particular issues
? ? ? ? ?
Cases are referred to a dispute resolution
process only once. The information is
analysed and the best process agreed
? ? ? ? ?
People are given enough information about
options to make an informed choice
? ? ? ? ?
Organisational culture
supports the airing of
grievances
Con?ict can be safely raised; privacy
is respected
? ? ? ? ?
Staff and volunteers are encouraged to voice
concerns and constructive dissent early
? ? ? ? ?
People feel con?dent that they will be heard,
respected, and their concerns acted upon
? ? ? ? ?
Staff and volunteers are encouraged to
resolve their own issues and are supported
in their choice of resolution option
? ? ? ? ?
Staff and volunteers are given reasons
for decisions about grievances – in
writing and orally
? ? ? ? ?
29 Developing Con?ict Resilient Workplaces 29 Developing Con?ict Resilient Workplaces
Attribute Mark on a scale of 1 to 5 where ‘5’ is
‘just like us’ and ‘1’ is ‘not at all like us’
1 2 3 4 5
Con?ict management is a separate core
competency, as shown in the Community
Sector Workforce Capability Framework
? ? ? ? ?
Natural justice and procedural fairness
are applied
? ? ? ? ?
The right data is
collected, analysed
and used
A representative working group
conducts root cause analysis and makes
recommendations to stop issues recurring
? ? ? ? ?
This information is shared broadly and
used to make decisions – for example,
about training needs
? ? ? ? ?
Senior management
take an interest in
grievances
For example, senior management read
relevant reports, and discuss resolution
options
? ? ? ? ?
Points to consider
– Which activities should your
organisation be doing more of?
– What else can your organisation
do to prevent things going wrong?
30 Developing Con?ict Resilient Workplaces 30 Developing Con?ict Resilient Workplaces
Does your organisation respond well when things go wrong?
Checklist 6: How con?ict resilient is your workplace?
Attribute Mark on a scale of 1 to 5 where ‘5’ is
‘just like us’ and ‘1’ is ‘not at all like us’
1 2 3 4 5
There is a de?ned and
documented process
for responding to
workplace grievances
There are informal process options to
resolve con?ict (these emphasise listening
and understanding)
? ? ? ? ?
There are formal process options for
resolving disputes
? ? ? ? ?
Formal processes should not generally
be accessed until informal processes have
been used
? ? ? ? ?
There is an effective process for managing
complaints and disputes in place
? ? ? ? ?
Dispute resolution procedures are organised
by cost and based on a risk assessment
process
? ? ? ? ?
Staff and volunteers
know how to use the
process
Staff and volunteers know how and where
to communicate their problem/s
? ? ? ? ?
Options for ascertaining legal rights and
addressing underlying interests are available
? ? ? ? ?
The outcomes of decisions are made clear
to those involved, including reasons for the
decision – in writing and orally
? ? ? ? ?
Clear roles and
responsibilities are
allocated and
communicated
A nominated coordinator exists for con?ict
management and this person reports to the
CEO or senior management
? ? ? ? ?
A nominated person in the organisation has
overarching responsibility for con?ict
management with direct access to senior
management and/or the CEO
? ? ? ? ?
31 Developing Con?ict Resilient Workplaces 31 Developing Con?ict Resilient Workplaces
Points to consider
– Which of these activities should your
organisation be doing more of?
– What else can your organisation
do when things go wrong?
Attribute Mark on a scale of 1 to 5 where ‘5’ is
‘just like us’ and ‘1’ is ‘not at all like us’
1 2 3 4 5
Con?ict management
systems, policies and
procedures are
consistent with wider
organisational practice
They are consistent with:
– each other
– policy and legislation
– industrial provisions and agreements
– key terms are used consistently
? ? ? ? ?
32 Developing Con?ict Resilient Workplaces 32 Developing Con?ict Resilient Workplaces
Feedback
Offering observations or helping
someone to re?ect.
Coaching
Coaching approaches to managing
con?ict, particularly asking ‘what’
and ‘how’ questions (rather than
‘why’ questions) can help a person
understand a situation and interact
more effectively with colleagues.
A coach helps a person to re?ect
on a situation, to analyse interactions,
and then to identify and practise
alternative responses. When a similar
situation occurs, the person will react
with greater insight.
Supervisory/performance
coaching
Managers coach staff regularly as
a core part of their job. This coaching
helps to align the work staff are doing
with the work they should be doing.
How a manager provides coaching
feedback can signi?cantly affect
staff motivation – both positively
and negatively. Coaching is now a
recognised profession, with training
standards and accreditation bodies.
A coach can help a person to
articulate aspirations, then clarify
and achieve goals. Key techniques
include open questioning, provocation,
and assisting with analysis (rather than
advising or directing).
Mentoring
Some organisations run formal
mentoring programs. This usually
involves a more experienced colleague
providing advice and serving as an
example. Mentors can be internal
or external. An effective mentor
combines skills of coaching and
re?ective conversation.
Conversation
People talking, to reach shared
understanding and (possibly) to
commit to action.
Basic conversational skills can be
strengthened with programs that
help people to practise mindful
listening, questioning, and narration.
Strategic negotiation can be widely
applied in workplaces and involves
negotiating a shared understanding
and a plan of action to meet each
party’s needs.
Mediation
A third party assisting the search
for mutual understanding and
optimal action.
Mediation has been the appropriate
dispute resolution ?agship – and there
are many different mediation formats,
distinguished in terms of guiding
principles, process, outcomes and
type of program. For example, a
distinction between evaluative and
facilitative mediation is partly a
distinction between programs, partly
a distinction between processes, partly
a distinction between outcomes,
and partly a distinction based on
the principle of self-determination.
Appendix A: Summary of key appropriate
dispute resolution (ADR) methods
33 Developing Con?ict Resilient Workplaces 33 Developing Con?ict Resilient Workplaces
Evaluative mediation focuses on the
parties’ legal rights. The mediator
assesses what an adjudicator might
decide if the case were brought to
court, then seeks some resolution
consistent with these legal standards.
Facilitative mediation focuses on the
parties’ interests and options and
seeks to resolve disputes by meeting
those interests. The facilitative
mediator encourages the disputing
parties to control much of the process
and to make the key decisions.
Transformative mediation focuses
more generally on helping the parties
to understand each other’s values
and interests to repair relationships.
Accordingly, transformative mediation
is often used for disputes involving
interpersonal con?icts.
Despite these differences, mediation
can be understood as assisted
negotiation. It is a generic process
in which a third party assists the
people directly involved to negotiate
a mutually acceptable outcome.
Each variation on a basic format is
appropriate for certain situations. Any
variations on the process should be
determined largely by the nature of the
particular case and the speci?c needs
of the participants.
Mediation is understood to
increase both:
– ef?ciency (decreases costs and
reduces delays in decision making)
– effectiveness (increases a sense of
procedural fairness, as those
affected by agreements have been
involved, and parties look beyond
the narrow issue of legal rights to
consider their broader interests).
Important
For mediation to be effective,
it is crucial that the mediator is
mutually accepted by all parties,
and is seen to be impartial to the
con?ict. If there is suspicion that the
mediator has a vested interest in
the outcome, or worse – that they
are biased towards one party – this
process will not be effective and
may generate further resentment.
As such, if an internal mediator is
sought, they should not be involved
in the con?ict, and ideally should
not be a manager. People external
to the organisation should also
be considered.
34 Developing Con?ict Resilient Workplaces 34 Developing Con?ict Resilient Workplaces
Con?ict coaching
A ‘model’ process for helping
people resolve their own con?icts
through seeing the other person’s
perspective.
Con?ict presents opportunities for
people to strengthen their relationships
with themselves and others. Resolving
the issues is only one of the desired
outcomes when people are in dispute.
Behaviour change is achieved in part,
by increased self awareness and
insight. With increased self awareness,
we are more likely to discover our
choices and shift our behaviour.
One of the elements that underpin
con?ict coaching is that change
in con?ict behaviour is more likely
to occur when people understand
the concept of mutuality. This involves
considering various elements of the
con?ict, from both (or all) sides. Self
determination is a crucial component
of coaching. Con?ict coaching
supports effective and productive
working relationships. It is an
equally useful model for anyone
in an organisation offering insights
into the dynamics of team and
workplace con?icts.
Facilitation
A third party helping a group
to achieve a collective goal.
Workplace conferencing
Conferencing is a process that
helps a group of individuals to manage
their own relationships in the wake
of con?ict. The con?ict may be
associated with a single incident or
with ongoing patterns of behaviour.
The facilitator provides the process
so that a group can understand what
has happened, how people have been
affected, and what might be done
to improve the situation.
Appreciative inquiry
Appreciative inquiry is an approach
to organisational development. Its
guiding principle is that organisations
can change adaptively by focusing
on what works. Colleagues determine
what goals need to be achieved,
and focus primarily on ways to
achieve these goals, rather than
focusing primarily on problems
that need solving.
Other modes of facilitation
The practice of effective group
decision-making is growing rapidly.
Promoters emphasise the public
good of involvement, collaborative
decision-making, citizen engagement,
advocacy, mediation, consensus
building and community building.
35 Developing Con?ict Resilient Workplaces 35 Developing Con?ict Resilient Workplaces
Dispute Settlement Centre of Victoria
Phone: 1800 658 528
http://www.disputes.vic.gov.au/dscv/
Free advice, con?ict coaching
and mediation services
Dispute Settlement Centre of Victoria –
Reaching Agreement
http://www.disputes.vic.gov.au/reachingagreement
Advice on resolving common disputes
Institute of Arbitrators and Mediators Australia (IAMA)
Phone: 03 9607 6908
www.iama.org.au
Mediation services
LEADR – Association of Dispute Resolvers
Phone: 02 9251 3366 or 1800 651 650
www.leadr.com.au
Mediation Services
Victorian Bar
Phone: 03 9225 7111
www.vicbar.com.au
Mediation Services
State Services Authority, Developing Con?ict
Resilient Workplaces: An implementation guide
for Victorian public sector managers and teams (2010)
Guide
State Services Authority, Con?ict Resilient Workplaces:
a report for Victorian public sector leaders (2010)
Report
State Services Authority, Fair and reasonable treatment
and reasonable avenues of redress (2006)
Guidelines
State Services Authority, Managing poor performance
in the workplace (2008)
Guidelines
Appendix B: Other resources
and further reading
The Of?ce for the Community Sector (OCS) and the State Services Authority (SSA) have a number
of publications available to download from the OCS and SSA websites at: www.dpcd.vic.gov.au/
communitysector and www.ssa.vic.gov.au
36 Developing Con?ict Resilient Workplaces 36 Developing Con?ict Resilient Workplaces
State Services Authority, How positive is your
work environment (2008)
Toolkit
State Services Authority, Ethics Resource Kit (2008) Toolkit
State Services Authority, People Metrics resource (2010) Guide & dictionary
State Services Authority, Talking Performance (2010) eLearning resource
Of?ce for the Community Sector, Community Sector
Workforce Capability Framework Tool Kit (2010)
Toolkit
Of?ce for the Community Sector, Community
Sector Workforce Capability Framework
Capability Cards (2010)
Capability cards
Of?ce for the Community Sector and Windermere
Child and Family Services, Capability Mapping and
Feedback Tool (2010), available to download from
http://www.windermere.org.au/capability-mapping/
downloads.php
Computer based tool
Of?ce for the Community Sector and State Services
Authority, Best practice recruitment and selection –
a tool kit for the community sector (2010)
Toolkit
Of?ce for the Community Sector, Community Sector –
Attracting and retaining staff in regional Victoria (2010)
Guide
doc_800616326.pdf