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Conflict Matters: Reliance on Third Party
Intervention
by Cecil Norman, M.A.
Whenever conflict arises, such as, the receipt of human rights
or employment standards complaints, employers and / or employees
rely on lawyers or consultants to help resolve the situation or
provide representation and defense at a formal forum. The related
stress in resolving workplace conflicts, including expenses and
involving coworker’s or close friends as witnesses, sometimes
results in a poisoned work environment for not only the parties,
but those indirectly involved as well.
A companies’ practice of seeking external help in the form
of a representative to resolve workplace conflict provides the benefit
of not disrupting management from its daily routine as well as demonstrating
transparency for its resolution process. However, if the representative,
be it a retired judge, lawyer or consultant, does not fully understand
the dynamics of conflict and does not apply the workplace anti-harassment
policy or the conflict resolution procedure using appropriate mediation
strategies, then the resolution attempt may escalate the already
existing poisoned work environment for some employees even though
a settlement has been achieved and the griever might have received
monetary compensation. This third party approach is the standard
settlement tool advocated by the assisted mediation forums in Ontario.
It is necessary to note that sometimes to make a complainant whole
requires more than a monetary settlement. A letter of apology may
go a long way if it is issued honestly and sincerely.
My experience at the assisted mediation forums is that the
mediation staff focuses on case closure and imposes their will to
achieve monetary settlement, rather than allow the parties to decide
their own resolution. While the assisted mediation process may be
imperfect, I support it because it is the only forum currently available
for employers and employees. I still believe that a more sustainable
forum is required for Ontario. I will explore more sustainable conflict
resolution models in future articles.
Cecil Norman holds a Masters Degree in Conflict Resolution.
His column on Conflict Matters appears monthly. You may reach him
directly at his practice, Human Rights Advisory Services Inc. Email:
cnorman@hras.ca
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