Conflict between employees may be difficult to resolve where employees are required to discuss disagreements face to face. This may be intimidating or overwhelming. Here is an alternative process to consider. (This approach can help resolve conflicts between employees but may not be sufficient to address more serious violations such as harassment, discrimination or threats of violence).
Conflict resolution process
The individual who facilitates this process of conflict resolution could be a leader, union representative, human resources consultant or another person who is able to remain objective and has good communication skills. This process does not require certification but does require a level of emotional intelligence and composure. For the purposes of this discussion we have used the term facilitator to describe the individual who is conducting the conflict resolution process.
Individual interviews: This process focuses on a commitment to solutions and changed behaviours rather than finding blame. To begin the process, the facilitator meets with each employee separately and privately to explain the entire process and fully explore three key questions (described below). The goal is to uncover what each employee believes is necessary, in terms of workplace behaviours moving forward, to maintain or restore a professional working relationship.
Crafting the agreement: The facilitator then writes up a reasonable and specific agreement using as many of the suggestions as possible that were shared by both of the employees. The agreement should not make judgements about who is right or wrong.
One agreement applies equally to both parties: The agreement should focus on new ways of interacting for which both parties will be equally responsible going forward. It does not change job-related roles or responsibilities. Rather, it articulates respectful and practical ways of interacting and communicating that help each person feel their perspective is recognized and valued.
Shared separately for feedback: The draft agreement should be shared with each employee separately to ask if there is any part they cannot live with and if so, why. Ensure each employee knows that this is just a draft and that the employer will determine the final wording. The facilitator will make only necessary and reasonable changes.
Review together for a shared understanding: Once agreement has been reached the facilitator brings both employees together. The facilitator reads the agreement aloud and both parties confirm in writing that they will follow the terms as a new way of interacting. Each should be supported in doing so, but also held accountable if they fail to follow the agreement. In rare cases, the agreement could articulate the basis for future discipline. In all cases, it will state the approach to address non-compliance. In most cases, it will provide a respectful and dignified way to continue the relationship in a more professional manner.
Considerations before starting
Rule out rule – Consider if there are other extenuating circumstances that may be contributing to one or the other party’s behaviour. While your goal is to focus on respectful behaviour impacting the workplace, it may be necessary to consider if other accommodations may be required.
Plan to check-in with each employee throughout the process – These conversations are not easy and in many cases employees may be surprised by some of the allegations made against them by a co-worker. Reiterate that the goal of the process is to provide them with an opportunity to continue to work in a professional, but also respectful and healthy, manner with their co-worker. Offer any supports, including access to an employee assistance program if available, if either employee appears overly stressed throughout the process.
Consider other team members who may be affected by the conflict – While you’ll need to ensure confidentiality of the conflict resolution process, if appropriate, check-in with other team members to ensure they aren’t being impacted by any additional stressors related to the conflict. Understanding what each person may need to work professionally in that setting can help inform your approach to the agreement, even when only two people are the main source of the conflict.
Key questions for the individual interviews
When the facilitator meets privately with each employee, they should ask the following questions and allow comprehensive responses before moving on. The facilitator can uncover many other suggestions or issues by continuing to ask, “And what else?” each time it appears that the employees may have provided their full answer. This helps the facilitator avoid solving one issue only to have another surface in the future. It is reasonable to allow the individual some time to vent about their situation, but the facilitator should avoid agreeing or disagreeing, instead continually refocusing on the question of potential solutions.
What do you need to
work professionally with this person?
This conversation should stay focused on the specific, measurable behaviours that will allow the employees to work together in a professional manner. Opinions, assumptions or judgments may arise in the conversation, but should not be included in the agreement. Record all employee suggestions from the meeting in a way that can be applied to both parties equally. For example, rather than saying, “Joe yells too much,” the document could read, “Conversations will be in a calm and clear tone of voice.”
What will you do
differently to contribute to a successful working relationship?
This question focuses on the employee’s professional behaviour at work and awareness of how it may impact other people. For example, if the employee says that they are already doing everything they can (and therefore do not need to do anything differently), the facilitator should ask them to specify what it is that they do now to contribute to a good working relationship. The response should be recorded in a specific and measurable manner as it can also form part of the agreement. The facilitator should also help each employee think about how their own reactions may contribute to the problems or make them worse.
How do you believe
we should deal with any future issues?
This helps to establish in the agreement a process for resolving future conflict. This should include how issues will be dealt with in the moment (telling the manager, resolving on their own, involving others, etc.) and consequences if unacceptable behaviours arise again or new ones emerge.
Facilitator tips and strategies
Avoid making promises. Tell both parties that every effort will be made to find a solution that makes it easier for them to come to work, do a good job, and leave with energy at the end of the day.
Ensure confidentiality. Never repeat anything that either employee has discussed in confidence. Only refer to the solutions that are agreed upon.
Preserve the dignity of everyone involved. Throughout the process, ensure that the requirements in the agreement are reasonable workplace expectations that apply equally to both parties, and that they are consistent with workplace policies. This should not interfere with work roles and responsibilities as it focuses on personal, respectful communication approaches and interactions.
Allow reasonable opportunity for venting. Neither agree nor disagree with any negative or derogatory statements. Listen, but then refocus the conversation on getting to an agreement about behaviours going forward, rather than rehashing who did what.
Focus on defining specific changes in behaviour at work. Link approaches to reasonable workplace standards and policies. Try to avoid approaches that focus more on personal characteristics rather than specific behaviours. For example, asking someone to contribute only positive feedback in team settings and critical feedback only to the supervisor in private can be more effective than asking them to “be nicer.”
Avoid forced apologies. Explore alternatives. Forced apologies are often requested but are rarely effective when they are not genuine and do not address specific behaviour change in a solution-based way. If an employee insists on an apology, ask why. Continue to ask why for each successive answer. Often, the apology is being demanded by an employee simply to ensure that the other employee does not continue to do something they find upsetting. The fact is, that it is unlikely that a forced apology will result in permanently changed behaviours. Offer the idea that instead of an apology, a commitment to a change in behaviour will more likely produce the result they want to see. Reframe a demand for an apology into a request for a change in behaviour.
Ensure that you gather responses that are specific and measurable behaviours (e.g. not raising a voice louder than normal conversation level, refraining from sarcastic comments, etc.).
Seek voluntary personal commitments to behave differently towards each other. This is usually more sustainable as a solution than enforcing behaviour changes. In most cases, forced behaviour will continue only when it’s being closely managed. A personal commitment is more likely to be sustained even if the change is difficult. This may not be possible in some situations, but most people believe themselves capable of a civil working relationship.
Manage expectations in the face of unreasonable requests. For example, requesting that a co-worker “stop looking unhappy” while experiencing clinical depression. If this is related to a disability rather than to work-related behaviours, and it causes no serious harm to others, it is not a reasonable request. Another example is expecting that all co-workers will perform at the level of the top performer. This level is often the exception and may not be reasonable for most employees.
Solicit solutions from both employees. Then prepare an agreement that:
Keeps language focused on future positive behaviours and solutions.
Avoids including past negative behaviours or problems.
Focuses on solutions that are specific and measurable and has dates for follow up.
Includes, where necessary, any actions that will be taken by you as facilitator or others that are pertinent to the agreement.
Write the agreement in inclusive language that honours both employees’ requests and commitments. Ensure it requires each of them to equally adhere to the specific requests made. It could also include the expectation for generally respectful behaviour towards each other and the process itself.
Share the draft agreement privately. Allow each employee to review and offer feedback. It is ultimately up to the facilitator to decide if any changes will be included, but the intention is to have each party committed to the agreement going forward. This is most likely to happen to if they feel that it allows them to maintain their dignity and self-respect.
Prepare each employee for the review meeting by reminding each of them that there is nothing they need to say unless they want to make a positive comment to contribute to the process. They will have already seen and generally agreed to the contents of the document.
Read the entire agreement to both of them and then ask each employee: Will you be able to engage in the behaviours requested in this agreement?
Get agreement in writing that if these changes take place, each employee will be able to move forward in a respectful and professional manner. Make sure both employees, regardless of level of authority, understand they will be supported in doing so, but held accountable if they fail to follow the agreement.
If you require assistance to resolve a workplace issue see: https://eapassist.com.au/workplace-mediation/