What's New
Attendance of Mediation by Union Representatives (11/10/08)
Arnold W. Zeman In this post, I try to respond to the questions put to me as a transformative mediator by David Bleiman, a Scottish union official, in his comment on my post, “Stages in the Mediation Process”.
Bullies At Work (10/14/08)
Bill Eddy Workplace bullying is a growing international problem. It is more than a one-time incident. It is a pattern of behavior between a bully and another worker which can demoralize, isolate and trigger illness in the target of the bully.
Helping Employees Help You Help Them (10/06/08)
Victoria Pynchon Earlier this week I was asked the following question by a concerned General Counsel: how can we help our employees grapple with on-the-job justice issues without leading them to believe that our proposed solutions are untrustworthy.
Business Mediation:A Better Way To Resolve Workplace Conflict (8/11/08)
Marta J. Papa In a situation where there is no process for eliminating conflict other than litigation, resentments build up and productivity plummets. Currently, we are seeing a trend toward solving conflict in the workplace through mediation rather than litigation or other more traditional methods of dispute resolution.
(6/18/08)
Keith Seat
Employers are increasingly turning from arbitration in employment disputes, due to the increased costs of discovery, potential for rogue outcomes that cannot be appealed, and uncertainty over whether mandatory arbitration provisions will be upheld. With overtime litigation continuing to increase around the country, many defense lawyers are encouraging clients to turn to mediation instead of arbitration. Wage-and-hour litigation increased over 200% between 2001 and 2007 and overtime lawsuits have displaced employment discrimination as the most common form of employment litigation.
The National Law Journal (June 9, 2008) (Subscription Required)
(4/07/08)
Keith Seat
The Equal Employment Opportunity Commission reported a 9 percent increase in job bias charges last year, for a total of nearly 83,000 private sector filings in 2007. In addition to non-monetary relief, the EEOC recovered over $290 million for charging parties through administrative enforcement and mediation, compared with $55 million through EEOC litigation. Employers continue to enter into Universal Agreements to Mediate with the EEOC, with the total rising by 15 percent during 2007, to over 1,200. The EEOC’s National Mediation Program has a user satisfaction rate of 96 percent, meaning that nearly everyone using the program would do so again.
Federal Information & News Dispatch, Inc. (March 5, 2008) (Subscription Required)
Workplace violence blog committed to making employees safer (2/11/08)
Diane J. Levin PART27.com, a web site dedicated to providing resources that help organizations, companies, and agencies create safer workplaces, also publishes Workplace Violence, a blog that delivers news and links to resources for employers and others seeking ways to address and prevent violence at work.
Among the stories covered recently are:
“Bullying bad for business“
“Bullied at work: practice costs productivity, health” and
New European report highlights emerging...
The Conflict Skilled Organization (11/26/07)
Lynne Eisaguirre What is the common denominator in most organizational conflict? The leaders have not spent enough time and energy thinking about
culture —that invisible glue
that holds organizations together and determines organizational effectiveness. Especially lacking
is a failure to think about how they want the culture to address and resolve the inevitable
conflicts each organization faces on a daily basis. A lack of agreement about a common culture
frequently shows up as constant and intractable conflicts.
(10/31/07)
Keith Seat
Using a mediator who is independent, rather than on staff, and not identified with either side is a key qualification in resolving difficult workplace disputes. An outside mediator may more effectively address problems on both rational and emotional levels, by assisting the parties in viewing issues more clearly and helping them address strong feelings in a safe environment, as well as providing other benefits of mediation.
Gulfnews.com (UAE) (October 2, 2007)
Bursting the bubble: cultivating dissent in the workplace (10/15/07)
Diane J. Levin According to a recent BusinessWeek poll, 90% of executives and middle managers believe that they perform in the top 10%. (This effect, known as positive illusion bias, is not confined to managers alone: it can be found among drivers confident that their reflexes are superior to those of others on the road, trial attorneys certain that they have the stronger case, and negotiators with an overinflated sense of their own prowess at the table.)Given how widespread this phenomenon is, and how...
Are You Confrontable? (10/15/07)
Lynne Eisaguirre When I’m asked to coach executives who’ve been accused of abuse, harassment,
discrimination, poor conflict resolution skills or general “poor people management” skills, they frequently lament: “But I didn’t know that he or she objected to my behavior. Why didn’t they tell me?” To this popular excuse I always respond: “What have
you done to make it safe for them to come to you and complain about your behavior?”
Resolved to Get Organized? . . . What about Organizing to Resolve? (8/27/07)
Dawn Martin The average person spends roughly 150 hours per year trying to find documents, electronic files, and other information... That’s equivalent to almost a month of work. Some studies put the number even higher—at 10% of work time. Think of the lost productivity, the aggravation, the resulting in-house discord and, just as importantly, the hours that could have been spent simply enjoying life. Now consider how many workplace conflicts result from lack of communication or miscommunication, and how often these lapses occur because the parties were “just too busy” to communicate effectively. When we talk about enhancing people’s capacity to prevent and resolve conflict, we need to include organizational skills in the conversation.
Ten Tips on Maximizing Success in ERISA Mediations (8/20/07)
Jeffrey Krivis, Mariam Zadeh Employee Retirement Income Security Act (ERISA) disputes present unique and specific challenges in large part due to the statutory limitations imposed on scope of discovery, standard of review and plaintiff’s recovery. “It’s just not fair!” is the response most often heard from plaintiffs after they are reminded at the mediation that the upside of their recovery is limited to the extent of contractual damages available under their disability policy, that a “win” in court means receiving back benefits and being reinstated, and that their “day in court” will amount to no more than a hearing over the administrative record at which they cannot testify. The tips below maximize the likelihood of success by laying the groundwork and staging the negotiation in a manner that encourages closure and enables the plaintiff to understand and appreciate the parameters within which a settlement may be reached.
Improving the Workplace: Don't De-Motivate Your Colleagues and Employees (8/13/07)
Victoria Pynchon (left: the country's favorite bad boss)Diane Levin introduced her readers to a great video over at the ej4 Learning Center some time ago but I just got around to watching it today. In the course of this short video, you'll see every bad boss you've ever had as well as (grit your teeth but bear it!) every bad boss behavior you've ever been guilty of.A must-see: Impedership Versus LeadershipWhat does this have to do with negotiation? First off, you'll find...
Concept of Undue Hardship and Reasonable Accommodation in the Employment Context (5/07/07)
William D. Goren What is a reasonable accomodation in the employment context? Under the ADA, reasonable accommodation is defined in the negative. More specifically, a reasonable accommodation is anything that does not constitute an undue hardship. Thus, it becomes imperative to know what an undue hardship is.
A Team Approach to Fairness in Conflict Management Systems Design (4/02/07)
Blaine Donais In the book Workplace That Work, we have explored options for conflict management systems and introduced the Testing Instrument for Fairness Systems (TIFFS), thus exploring the first part of the Donais Fairness Theory: that fairness can be measured in workplace conflict management systems. But how do we prove the second part of the Fairness Theory - that workplaces can achieve fairness excellence? How do we start the workplace renewal process?
How Fair Is Your Conflict Management System? (3/05/07)
Blaine Donais Many practitioners and commentators have provided advice on developing effective conflict management systems in the workplace. But are these conflict management systems fair to all workplace participants? And is it even possible to measure fairness in conflict management systems? This article proposes that workplace fairness is both measurable and achievable in conflict management systems. As discussed in the book
Workplaces That Work, this is the essence of the Donais Fairness Theory.
Recent Study Shows Bad Workplace Apples Do Indeed Spoil the Barrel (2/27/07)
Diane J. Levin According to the results of a study reported in the journal Research in Organizational Behavior, bad apples really do spoil it for their co-workers. This will come as no surprise to anyone who has ever shared a workspace with a negative personality.
The study, conducted by Will Felps, a Ph.D. candidate in management and organizational behavior, Professor Terence R. Mitchell, and graduate student Eliza Byington, all from the University of Washington Business School, examines the ways in which ...
Redefining Conflict Management Systems Options (2/05/07)
Blaine Donais This article explores system options for managing conflict in the non-union workplace. This is intended to build upon the work done by others in this area by seeking to categorize the conflict management options as interest-based, rights-based, power-based or communication-based.
Perspective Taking (2/05/07)
Craig Runde, Tim Flanagan We are presenting a third excerpt from the new book, Becoming a Conflict Competent Leader, by Craig Runde and Tim Flanagan (Jossey-Bass, 2006). This excerpt focuses on perspective taking, trying to understand how the other person sees and feels about an issue. It includes a fun and highly illustrative example from Tim's life.
Creation of an Ombuds Office Can Prevent Retaliation Claims (1/09/07)
Michael Eisner In its decision in Burlington Northern & Santa Fe Railroad Co. v White, the Supreme Court held that the standard of proof required to establish a retaliation claim under Title VII of the Civil Rights Act of 1964 is less than the standard of proof required in discrimination claims under the same statute. This decision makes it easier for employees to raise retaliation claims and to survive summary judgment motions. In light of this decision it is more important than ever that organizations create informal as well as formal grievance procedures to properly manage conflicts that may give rise to retaliation claims. The creation of an Ombuds Office can help organizations manage these conflicts effectively by helping to resolve them early and at the lowest possible level.
Who are Your Workplace Actors? (1/03/07)
Blaine Donais The effective management of workplace conflict requires a thorough understanding of the roles that individuals play in generating and resolving this conflict.
Providing Learning Opportunities (12/23/06)
Craig Runde, Tim Flanagan Conflict competent leaders can not be the exclusive coach for every learner. Certainly they look for opportunities to actively teach and coach, but it’s just as critical that they offer opportunities for development. This can be accomplished in several ways.
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