Before we can talk about conflict management, we must first know the words we will be using. This glossary will assist you in understanding the books and videos on conflict management and workplace violence prevention.
This glossary is meant to clarify potential ambiguities or
misconceptions regarding conflict management terminology. It is
hoped that this will also promote a more consistent conflict
management vocabulary across the core public administration. Please note that these definitions may or may not apply within
the context of your organization. Also note that these definitions may change over time, with
increased application and system evolution. Alternative Dispute Resolution (ADR): “ADR is
any process used to resolve disputes which is not considered part
of the more formal or traditional methods of resolving disputes
such as court adjudication. It includes a variety of processes
such as negotiation (self resolution), mediation (third party
assistance) and arbitration (third party decision
making). ADR skills are seen as life skills, which offer the opportunity
to strengthen communication and relationships. ADR also offers
more choices and options to resolving a conflict than with past
practices, are generally voluntary, confidential and impartial.
ADR services aim to complement the formal grievance and
complaint processes, as opposed to replacing them. ADR Practitioner: “An ADR practitioner is a
person who assists people to prevent, manage, or resolve
conflict. Sometimes referred to as a third party, he/she can play
various roles including, but not limited to: conflict coach,
mediator, facilitator, fact-finder, trainer, etc. Regardless of
his/her role, a practitioner must be impartial, free from conflict of interest, and perform according to the
recommended standards of conduct identified in Annex B.
ADR practitioners can either be employees of the core public
administration or outside consultants. Adjudication (commonly referred to arbitration in other
jurisdictions): Adjudication refers to formal processes such
as arbitration, quasi-judicial processes or litigation before
administrative tribunals. For example, the Public Service Labour
Relations Board (PSLRB) is an administrative tribunal, which is
empowered to hear grievances and render binding decisions,
subject to judicial review. Caucus: A caucus is a common step or procedure in
mediation. It is a private meeting that each party holds with
the mediator during the mediation. These private meetings give
participants a chance to talk to the mediator freely, without the
pressure of the other party being there. Anyone participating in
a mediation may request a caucus, including the mediator. Other
names for caucus include “individual meeting”,
“private meeting” or “time out”.
Typically, a caucus is a confidential process, however, a party
may want the mediator to relay some or all of the caucus
discussions to the other party(s). As such, it is important to
confirm expectations at the beginning of a caucus. During the
caucus, the mediator may seek clarification on issues of concern,
and explore creative ways of resolving the conflict. Co-Mediation: Co-mediation is a team approach to
mediation whereby the mediation is conducted by two or more
mediators working together to help the parties resolve the
dispute. This team approach is useful in cases where there are
multiple parties, complex issues, or where it is important to
reflect gender, racial or cultural differences. Generally, the
team works together, throughout mediation and caucuses with each
party as a team. Conciliation: Conciliation is a form of ADR that is
traditionally mandated by a statute. Compared to mediation, it
tends to be a more evaluative than facilitative process. Confidential: Meaning private, secret, not to be
mentioned or disclosed. Informal conflict management processes
seek to assist the parties to look beyond positions to identify
interests. Confidentiality is an important factor that
influences the participants’ trust and confidence in the
integrity of the system. While absolute confidentiality
is the goal, it cannot be guaranteed, due to the provisions of
the Privacy Act,
the Access
to Information Act, and other legislation. Participants must
agree not to use any information gained when using the ICMS
outside of the ICMS. Conflict: Conflict is the perception or actual
occurrence of diverging, opposing, competing or incompatible
differences between two or more people. Unresolved can escalate
into a dispute. Conflict Coaching: Conflict Coaching is one-on-one
support to help a person deal with a conflict situation. The
coach can help a person identify and develop new practical skills
to resolve conflict, replacing less successful ways of dealing
with disputes. Conflict of Interest: Requirement 7 of the ICMS
Directive states that all practitioners be impartial/neutral. A
conflict of interest may arise when an ADR practitioner’s
financial or personal affairs or relationships can or do get in
the way of his or her duties to the people in dispute.
Perception is an important factor in deciding the presence of
conflict of interest. (More information is available in the Values
and Ethics Code for the Public Service). Convening: Convening means taking practical steps to
set up an ADR process when the people in dispute agree to go to
ADR. Convening can also mean helping people to pick an ADR
process and ADR practitioner that is best for them and their
dispute. Collective Agreement: Collective agreement means an
agreement in writing, entered into between the employer and a
bargaining agent, containing provisions respecting terms and
conditions of employment and related matters.
Dispute: A dispute is the manifestation of unresolved conflict. It is a potential product of conflict, when
competing interests damage relationships, or escalate to rights
or power based resolutions. Early Neutral Evaluation (ENE) or Neutral Evaluation:
ENE occurs when two or more parties in dispute ask an outside
authority to give them an opinion about some aspect of their
dispute (often a non-binding determination of the outcome of
their case). The expert’s opinion may or may not influence
the outcome of their discussion/negotiation. Often, this tool is
used for issues of a more technical nature and the outsider is a
recognized expert in the subject matter in dispute.5 Facilitation: Involves the use of techniques to improve
the flow of information in a meeting between parties to a
dispute. It is procedural assistance provided to enable
participants to communicate more effectively and move towards
agreement.
Fact-Finding: Is a process in which an
impartial/neutral third party collects information about a
dispute and makes either a report about relevant data or
recommendations about how the conflict might be resolved. This
method can aid in clarifying data, facts and issues, thus
enabling the parties to move forward with their discussions. Grievance: As defined in PSLRAs. 206, a
grievance is an official procedure for an employee to complain
(usually with the help of the bargaining agent) about matters
identified in the collective agreement or to raise an
alleged injustice by following the procedure set out in the
collective agreement. Group Conflict Assessment: A diagnostic process to
identify intra- and inter- group dynamics, which contribute to
workplace conflict. This participatory and neutral process has a
series of steps and directly involves participants in identifying
ways of addressing conflict in the workplace.
Group Interventions: Group interventions provide an
opportunity for group members to identify issues that are causing
difficulties within the group and to explore ways to improve the
working environment. The ADR practitioner provides assistance
with the process while the group maintains control over the
topics discussed and any actions taken.
Impartial / Neutral: (Please see ICMS Directive for
definition) Informal Conflict Management System: (Please see ICMS
Directive for definition) Informal Consultation: Informal consultation is
typically the initial meeting with an ADR practitioner. It
provides an opportunity for the client to describe his/her
concerns, begin to explore options and gain an understanding of
the key elements of the informal conflict management process,
including the limits of confidentiality.
Interests: Interests are what matter to a person;
their views; concerns; desires; what motivates them; or why they
ask for or insist on things. (see Positions) Litigation: Litigation is the process of bringing
forward or defending a case before a judge or administrative
tribunal. Mediation: Mediation is a voluntary process in which
an impartial/neutral third party assists parties to create a
mutually acceptable solution to their problem.
Mediation can be used as a
stand-alone process or it can form part of another formal or
informal process. Ombuds: An ombuds or ombudsperson generally refers to a
neutral or impartial person within an organization who may
provide informal and confidential assistance to managers and
employees in resolving work-related concerns, and whose office is
located outside ordinary line management structures. Pre-mediation: Is the process where a neutral /
impartial person helps the parties prepare for mediation, begins
to explore the issues and reviews the mediation process. Positions: A position is what people say they want
– their own solution, what they believe is the right
answer, or their fixed stance. (See Interests) Stakeholder: Any person or group of persons who have an
interest in the outcome of a dispute
Rights-Based Processes:
Without Prejudice: Without prejudice offers the
protection of privilege to participants. It means that the
information exchanged during the process cannot be used in any
future proceedings regarding the issue unless this same
information can be discovered through other means.
Workplace Assessment: A workplace assessment is a tool
that can be used in group intervention and provides an overview
of the workplace.
Conflict Management and Workplace Violence
Glossary
Standards of Conduct for
Practitioners
RECOMMENDED STANDARDS OF CONDUCT FOR PRACTITIONERS
The purpose of the following is to set out recommended standards of conduct for internal and external third-party practitioners who provide conflict management services to federal departments and agencies.
The intent of these standards is also to help practitioners earn the trust of parties involved in informal conflict management processes, and to promote confidence in the latter as a valuable means to resolving disputes.
1. SELF-DETERMINATIONPractitioners should respect and encourage parties to recognize that self-determination is a fundamental principle in conflict management. The primary responsibility for the resolution of a dispute rests with the parties themselves. The practitioner’s responsibility is to assist them in attempting to reach an informed and voluntary resolution of any issue of conflict. As such, the practitioner must not attempt to coerce or make substantive decisions for any participant of the process.
2. IMPARTIALITYThe practitioner’s ability to demonstrate and maintain impartiality is central to the conflict management process. Practitioner impartiality refers to the freedom from bias (actual or perceived), as opposed to advocating for or favouring any one party.
3. CONFLICT OF INTERESTPractitioners must not have a direct or indirect financial or personal interest in the outcome of a dispute. At all stages of the conflict management process, he or she must disclose all known information that might give rise to an actual or potential conflict of interest. If all parties agree to continue with the process after being provided with this information, the practitioner may proceed. If, however, the conflict of interest casts doubt on the integrity of the process, the practitioner must not proceed.
4. CONFIDENTIALITY
Practitioners shall discuss with the parties the purposes, limitations and their expectations concerning confidentiality. A practitioner must not disclose any matter that a party expects to be confidential unless given permission by all parties or unless required to do so by law or other public policy. Further, confidentiality restrictions should not limit the monitoring, research, training, or evaluation of systems by authorized persons, or the sharing of information between practitioners, provided the confidentiality of the parties’ identities is not jeopardized.
5. COMPETENCEPractitioners have the obligation to acquire and maintain professional knowledge, skills and abilities sufficient to provide competent conflict management services, and that satisfy the reasonable expectations of the parties. A practitioner shall provide services only in situations where qualified by experience or training.
6. QUALITY OF PROCESSPractitioners must strive to maintain the quality and integrity of the process, which in turn requires a commitment to diligence, procedural fairness and proper standards of conduct. The practitioner should encourage all parties to be respectful of each other and the process, as well as setting an example in this regard. A practitioner shall suspend or terminate the conflict management process if: in his or her opinion there are reasons that are (or appear to be) detrimental to the process; or, if it is requested by one or more of the parties to do so.