Unit 2: Best Practices for Conflict Resolution
Despite our best efforts, negative personal and dysfunctional conflict occurs in the workplace for all sorts of reasons, as we explored in Unit 1. Companies should swiftly respond to and resolve these conflicts to prevent them from damaging interpersonal relationships among their employees and clients. They should organize their procedures for resolving conflicts and responding to grievances into a protocol their employees can follow.
Completing this unit should take you approximately 3 hours.
Upon successful completion of this unit, you will be able to:
- identify strategies for negotiating with people who have different conflict management styles;
- compare and contrast competing/collaborative and avoiding/accommodating conflict styles using Blake and Mouton's managerial grid;
- explain emotional intelligence and its relationship to self-awareness and empathy;
- discuss the common methods of alternative dispute resolution;
- describe the difference between interest-based and position-based negotiation;
- describe the steps in the unionization process;
- describe steps leaders can take to remedy problems that result from poor team dynamics; and
- discuss the process of effective communication with under-performers, including the discipline and termination processes.
2.1: Five Styles of Handling Conflict
Let's begin by exploring a tool Kenneth Thomas and Ralph Kilmann created in 1974, which describes five styles for handling conflict: competing, collaborating, compromising, avoiding, and accommodating. They based each style on an individual's appetite for assertiveness and cooperation. Understanding what you hope to gain when you face a workplace conflict or disagreement and what those around you wish to achieve will help you negotiate a beneficial solution. Here are the five elements of the Thomas-Kilmann Conflict Mode Instrument.
- Competing: People with a competing style play to win. While other employees may perceive them to be aggressive, assertive, bossy, or inconsiderate, competing individuals often do well when a swift decision is in order.
When you work with someone who has a competitive conflict style, remember they want to win, so position your ideas in a way that makes them think they are winning.
- Collaborating: Collaborators aim to create solutions where everyone wins. They take
time to think through all options before deciding and are known for their strong relationships with others. However, they are criticized for taking too much time and effort to make a decision. When you work with someone of this style, give them time and
space to think through different views and options before forcing them to make a decision.
- Compromising: In compromises, no one wins outright in a negotiation, but each side achieves something they can tolerate and loses something they would have preferred.
Politicians typically compromise by taking the best ideas from as many parties as possible to create an alternate solution. Keep in mind that parties that compromise may later resent having given up something they value. When you work with someone using
this style, decide what is important to you in the negotiation upfront.
- Avoiding: Conflict avoiders find any workaround to avoid conflict. Some may perceive conflict avoiders as uncaring, but they may just hope the conflict disappears. Conflict avoidance
can hurt relationships and business decisions because the perpetrators often avoid confronting the issue beyond the decision deadline. When you work with someone who avoids conflict, you may have to bring up the issues and suggest solutions.
- Accommodating: Accommodation allows the other party to win. This can be a good strategy if you feel you are on the wrong track or want to preserve a relationship. When you work with someone who is accommodating, you may have to ask them a lot of questions to discern what their needs are so you can address them.
Read this article to learn how these five conflict resolution approaches relate to the individual characteristics of assertiveness and cooperativeness.
Read this page to learn how to use the Thomas-Killmann approach to conflict resolution to obtain a positive outcome. Pay attention to the role emotional intelligence plays in guiding our thinking and behavior.
- Competing: People with a competing style play to win. While other employees may perceive them to be aggressive, assertive, bossy, or inconsiderate, competing individuals often do well when a swift decision is in order.
When you work with someone who has a competitive conflict style, remember they want to win, so position your ideas in a way that makes them think they are winning.
2.2: Methods of Conflict Resolution
Without appropriate intervention, dysfunctional conflict – caused by poor communication, biases, and personality disputes – can damage morale, workplace efficiencies, and general productivity. In this unit, we learn that it is rarely a good idea to rely on a court of law to resolve these issues. Litigation is time-consuming, costly, and takes a mental and emotional toll on everyone involved.
Resolving conflicts benefit from three established alternative dispute resolution (ADR) methods. Each technique – negotiation, mediation, and arbitration – has advantages and disadvantages, but all are considered preferable to litigation. We learn about each type of ADR and when they are the preferred method individuals and organizations can use to resolve a dispute.
Read this text, which describes the continuum of types of conflict resolution or alternative dispute resolution. We call the process "alternative" because it takes place outside the courtroom.
2.3 Negotiation
We often describe the discussions we enter to resolve a conflict or disagreement as a negotiation. The goal of negotiation is to establish an agreement among the two parties that have a stake in the outcome. The resolution should offer stakeholders common or agreed-upon terms and understandings. Negotiations do not need to be contentious or disagreeable.
For example, we participate in a subtle form of negotiation when we ask a coworker to turn down the volume on their computer, wear less perfume, or consider another perspective when making a decision. We succeed in negotiation when we express our views and the coworker agrees to change their behavior or make an accommodation. Often, the other person was unaware they were causing any discomfort. They agree to change because they value working in a comfortable, inclusive work environment.
Read this article to explore how different communities respond to conflict.
Read this article for some general guidance on solving conflicts in the workplace.
Negotiations can be contentious and fraught with infighting, and can hurt feelings when one party does not believe the other is addressing their concerns fairly. However, the two parties can resolve their differences and restore peaceful operation when they find common ground or understanding.
For example, groups of workers may organize to form a coalition (or union) to negotiate for better working conditions or receive extra pay. In this case, the union steps in to negotiate on behalf of the workers. They may even threaten to strike or refuse to work until the employer agrees to meet their terms. These unions may push employers to create a more healthy work environment, such as by supplying special safety or protective gear or paying workers overtime in exchange for working extra hours. These steps can create a more healthy, productive workforce which benefits everyone.
Read this resource to review how American workers have created unions to fight for a better work environment since the 1860s. Workers' unions tend to get involved in political activities as they strive to promote better working conditions on behalf of their members with local, statewide, and national legislation. The negotiations union leaders undergo with companies on behalf of their members are called collective bargaining.
Collective bargaining describes the negotiation process workers' unions undertake with employers to regulate salaries, working conditions, benefits, and other aspects of workers' compensation and rights. Read this article for more information and context on collective bargaining in the United States.
2.4: Mediation
Mediation is an alternative dispute resolution process that involves co-opting or hiring a neutral, third-party mediator who is amenable to both parties involved in the dispute. The mediator should help the parties understand each other's perspectives, work toward commonality, create an action plan to resolve the issue, and follow up with the parties to ensure peace is maintained.
Mediators should remain impartial during the discussions, which means they should allow each party to present their case and arguments fairly and accurately without appearing to favor one side over the other. For example, the mediator should not receive payment or services from one of the parties. They should not have or appear to have a conflict of interest or any connection that may lead one party to believe they are acting unfairly, such as a personal relationship, conviction, religious belief, or a future business opportunity. This makes sense; you would not want to hire someone to mediate a dispute if you believe they are friends with the other party or if you think they will gain financially if the dispute is resolved in a certain way.
In many disputes, such as legal disagreements, divorces, and other types of negotiated settlements, stakeholders hire an outside professional mediator to resolve their differences amicably. In the workplace, a professional from the human resources department often serves as the third-party mediator for disputes. However, since they are a company employee charged with resolving conflicts in the company's interests, many would argue they are not impartial.
Read this article to learn the Equal Employment Opportunity Commission (EEOC)'s view of the many advantages of mediation. Note the positive review of this informal type of dispute resolution given by two employers.
2.5: Arbitration
Arbitration is a more formal method of alternative dispute resolution. Parties that disagree select a professional arbiter or panel of arbitrators, usually attorneys who specialize in arbitration, to resolve disputes outside the courtroom.
The arbitration process involves many of the same methods as a courtroom trial, including the presentation of evidence, statements from witnesses, a discussion of any relevant local laws or ordinances, and an examination of any signed legal documents, such as contracts, receipts for damages, and other evidence. The parties usually meet to discuss and present their arguments and evidence before the arbiter. The arbiter will then deliver their judgment, damages due, and a specific course of action within a specified time.
State law can dictate whether the settlement is binding (compared to non-binding), which means the parties have a legal obligation to follow through on the arbiter's decision or ruling. Companies interested in keeping disputes private typically prefer to undergo arbitration rather than a courtroom trial since the proceedings and settlement results do not become part of the public record, which anyone, including journalists, potential clients, and other interested parties, can access. The arbitration process tends to be less time-consuming and less expensive than a courtroom trial, although it can still be quite expensive for many participants.
Read this text to learn more about the advantages and disadvantages of arbitration as an alternate dispute resolution. The outcome of this type of problem-solving may depend on the arbitrator's interpretation of the terms of the contract, whereas in mediation, the third party is neutral and the participants may or may not reach a mutually-agreed-upon resolution.
Employers often include mandatory arbitration clauses as part of their employment contracts to limit employees' ability to bring legal action against their employer in a court of law. These clauses are controversial. While they can prevent companies from receiving lawsuits from disgruntled employees that damage the company's public image, many argue that employees who must sign these agreements to get hired are forced to waive their rights as citizens to obtain due process remedies to unfair work practices in a court of law. By signing these contracts, employees give away their ability to sue their employer to protest discrimination, sexual harassment, being terminated without cause, and other grievances.
Read this article, which presents some controversial aspects of mandatory arbitration agreements from the arguments presented before the United States Supreme Court in October 2017.
2.6: Litigation
Bringing a matter of dispute before a court of law in the form of litigation is a last resort for most organizations and companies. The process is usually expensive and time-consuming for everyone involved. The injured party can receive significant compensation for damages that another party caused them, but jury trials can be unpredictable. Putting potentially unethical or unlawful behavior in the public spotlight can also cause irreparable damage to an organization or the company's public reputation and future business.
It is generally wise for each party to hire an attorney who is well-versed in the law to represent their interests, whether they are individuals, organizations, or corporate entities. While expensive, attorneys are usually experts at presenting evidence clearly and convincingly to elicit a favorable and legally-binding verdict (decision) from the jury.
Read this article, which describes two aspects of litigation that are important to consider: legal standing and class-action lawsuits.
2.7: Understanding Each Party
Now that we have discussed some different ways individuals, organizations, and companies resolve conflicts or disagreement, let's explore some things to consider when arriving at a meaningful and lasting agreement or settlement. These apply no matter what method (negotiation, mediation, arbitration, or litigation) is used.
An essential first step to resolving a dispute or conflict is for each side to understand the other person's perspective and feelings about the situation. They should recognize the other party's needs and interests going forward. People generally want to know that the other person has heard and understood their thoughts and ideas despite their disagreement. This step may seem trivial, but it can be a critical component for generating a level of understanding and respect for each side and discovering an agreeable common goal.
Review the theories we discussed in Unit 1 about the underlying causes of conflict and the motivations and interests of the individuals involved. Understanding the other party's perspective – to know "where they are coming from" – can establish a sense of trust and convince each side that their differences may not be as significant or relevant as they first thought. By identifying the cause, they can create a clear path forward to benefit each side. The stakeholders may resolve their differences for the good of the organization or company without further action.
For example, the individuals may realize their disagreement stemmed from a lack of clear organizational structure, different understandings of task interdependence, confusion regarding staff hierarchy, or a lack of clarity regarding their roles and responsibilities may have caused the conflict. Divergent personality types may have caused them to approach the situation differently. Erroneous stereotypes, biases, or cultural misunderstandings may have caused them to act in an insensitive or boorish way. Different approaches to conflict – competitive, collaborative, compromising, avoiding, or accommodating – may have led them to react in ways that seemed objectionable.
As you read this article, pay attention to the section on the phases of conflicts. Taking preventative steps during the potential conflict and gestation phases can help you avoid conflict escalation and barriers that could become insurmountable. The article also discusses barriers to conflict resolution. Differences of opinion may remain, but interest in the common good should prevail and help participants surmount real or perceived roadblocks.
2.8: Working toward a Common Goal
During the conflict resolution process, mediators should grasp each party's needs so they can find areas where the stakeholders share the same goals. Individuals who disagree can compromise by letting less important areas go and favoring items of greater priority. Each side also needs to trust the other party to have a frank discussion, keep sensitive information private, and keep their promises.
In the workplace, the shared goal may be to work together to benefit the company for "the good of the order". Using our problem-solving skills to create new solutions that benefit everyone are components of creativity and innovation that can help our company thrive. Read this article, which provides some best practices for effective teamwork.
2.9: Planning to Reach a Common Goal
Once you have articulated and considered areas of agreement, common goals, and potential barriers, you should create a remediation work plan. As with any good plan, you should document your actions using tools like a project completion template. This allows stakeholders to disagree, find common ground, and determine a timeframe for completing tasks and responsibilities. The mediator should check in at various intervals to ensure everything is on track and make appropriate adjustments as needed.
Read this chapter to review the project life cycle to ensure stakeholders are satisfied with the project's progress and how it is being completed. Are the project members fulfilling their responsibilities and accounting for resources properly? When the project is finished, team members should conduct a post-project evaluation to reflect on lessons learned, recognize positive ideas, and discuss ways to avoid mistakes during future projects.
2.10: Grievance Procedures
Responding to grievances and conflict are often stressful, for managers and employees alike. While most do not like to discuss conflict, think about this process as an opportunity to resolve misunderstandings and differences before they become contentious.
Watch this video to learn five reasons managers should talk openly with employees they consider poor performers.
Read this article for advice on how to have a conversation with an employee who is not contributing to the organization as well as expected.
Many companies have a policy of progressive discipline to respond to employee misconduct. Managers usually begin the process by discussing their expectations and asking for feedback from their underperforming employees. If this conversation does not lead to improvement, they may need to document the negative results and collect the required legal documentation to discipline or terminate the employee. Read this chapter, which details this process of escalation.