Conflict Resolution Procedure

Conflict is an inevitable aspect of any organization. The Conflict Resolution Procedure (CRP) is a process for addressing and resolving conflict at the ORGANIZATION and applies to students, faculty and staff. All parties at the ORGANIZATION are encouraged to resolve conflict in an informal manner through open and collaborative communication so that referral to authority structures is unnecessary. The CRP provides the opportunity and mechanism to have conflicts resolved appropriately. The ORGANIZATION reserves the right to investigate situations that may or may not lead to disciplinary action against a student, staff or faculty member. The ORGANIZATION encourages you to take full advantage of the options in the CRP for dealing with conflict.

Definitions
Conflict is an expression of dissatisfaction or disagreement with an interaction, process, product, decision or service. It specifically includes:

• Perceived discrimination, retaliation, and/or harassment as prohibited by the ORGANIZATION's Disciplinary Code and Sexual Harassment Policies;
• Disagreement with the way the ORGANIZATION's codes, policies, procedures, rules and practices have been applied;
• Personality conflicts that affect student, staff, or faculty performance and;
• Disciplinary action, including termination or expulsion.

Time Limits
Although time limits are not required in the CRP all parties are requested to initiate the process promptly and resolve the conflict in a timely and reasonable fashion.

Internal Support from the Human Resource Person
Students, staff, and faculty may approach the HRP to request information and assistance about the options available and the steps needed to address a conflict in accordance with the CRP.

The HRP (1) assists in the informal resolution of the conflict by listening, coaching, consulting or mediating, and (2) conducts informal and formal investigations to establish facts and make recommendations. The HRP will be appointed by the Director and is required to attend special training in mediation and/or conflict resolution. If the complaint is with the HRP, the director, another staff or external neutral person with mediation experience will be appointed by the Director to fulfil the function of the HRP.

Record Keeping
The HRP will maintain records that reflect the utility of the CRP, including but not limited to:

• The number of requests for assistance in conflict resolution that the HRP receives;
• The subject matter of the complaints or requests for assistance;
• The number of disputes resolved by discussion and dialogue, internal mediation, a decision by the Director, appeals by the Grievance Appeals Committee, or through external options;
• The time spent administering the CRP by the HRP, the Director, mediators, staff and faculty;
• The satisfaction with the CRP as indicated on a voluntary evaluation form.

Conflict Resolution Procedure

Step 1: Communication: Discussion and Dialogue
The preferred method for dealing with conflict is open discussion and dialogue. This may be face to face, or speaking with a staff or faculty member for support. Students, faculty and staff are encouraged to report any agreements or understandings reached to the HRP.

Step 2: Internal Mediation
Parties whose disputes are not resolved through discussion and dialogue may utilize mediation. Mediation is a voluntary process with an acceptable neutral faculty or staff member who facilitates communication between disputants with the goal of assisting them to reach a resolution. The mediator does not make decisions about 'right' or 'wrong' nor tell the parties what to do.

All parties must agree on the mediator and each has two rights of refusal. If either party becomes dissatisfied with the mediator, another mediator may be chosen. If either party does not want to meet face to face, the mediator will communicate separately with both parties toward a resolution.

Each party may have one outside support person present during the mediation, who simply listens and witnesses without comment. The mediation process is confidential and all people at the mediation must sign a confidentiality agreement. The mediator will inform the HRP of any unresolved disputes, but will not submit a report outlining the details of the mediation session(s). The HRP will contact the complainant to discuss the status of the dispute and will document it. If there is resolution at this level, the mediator will document this and file it with the HRP.

Step 3: Investigation and Referral to Director
A party may at any time file a formal complaint with the HRP. A formal complaint defines in writing the names of those involved, identifies witnesses, describes when the event occurred, and explains the details of the complaint providing the essential facts.

The HRP will conduct a fact finding investigation of all formal complaints and make recommendations to the Director. No hearsay or gossip will be permitted. Both parties may request the assistance of an additional faculty/staff support person. The HRP and/or the Director may recommend further steps toward resolution. Where disciplinary action is a possible recommendation the HRP will conduct an investigation in accordance with the procedures set out in the ORGANIZATION's Disciplinary Code and Procedure.

The Director may meet with the parties involved, together or separately, to discuss the situation. The Director will make a decision to finalize the dispute and will inform the parties of the decision in writing, giving reasons for the decision. If the Director deems it advisable, mediation by staff and/or outside mediator services may be recommended or offered. A party may appeal the decision of the Director to the Grievance Appeals Committee. If the complaint is against the Director/President, an external neutral person will be appointed by the Grievance Appeal Committee in consultation with the Director/ President to conduct the investigation and report with recommendations to the Grievance Appeals Committee for a decision.

Step 4: Appeal to the Grievance Appeal Committee
An appeal may be lodged to the Grievance Appeal Committee against the director's decision. The appeal shall be in writing and provide further details of the alleged problem and what actions or behaviors are needed to fairly resolve the complaint. The parties to an appeal may prepare statements setting out their perspective. No hearsay or gossip will be permitted.

The Grievance Appeals Committee will review the facts and circumstances surrounding the complaint, and any submissions made. The Committee may uphold or overturn the decision of the director and provide a new determination of the problem. The decision of the Grievance Committee must be agreed upon by at least two of the three committee's members. Final resolution of the complaint will be sent in writing to the parties and the Director. If the decision affects the financial welfare of the ORGANIZATION, the President has a final decision unless the complaint is focused on the President.

Composition of the Grievance Appeals Committee
The President and the Faculty will establish a Grievance's Committee comprised of the following positions: one Faculty Member, one graduate , and one Professional Mediator. All committee members shall be neutral and impartial. The parties may challenge the Grievance Appeal Committee's composition and no party may challenge more than two of the Committee members.

The Faculty member shall serve as the chairperson of the Grievance Committee. The President and Faculty will select a substitute or alternate for each of these three positions and may make ad hoc appointments. Committee members shall serve two-year terms.

Step 5: External Options
The ORGANIZATION encourages the use of outside mediation or arbitration (as appropriate dispute resolution options) before legal action is taken. Mediation services can be obtained through EXTERNAL MEDIATION SERVICE PROVIDER.