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    Conflict Management E-Newsletter

              December 2001 #23

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1. Articles

Dealing with Difficult Behavior

By John Ford

Conflict is inevitable in the workplace. However, that

does not mean that we cannot work to prevent

unproductive behavior that leads to conflict. Although

it is easy to label people as difficult, the real focus

should always be on the actual behavior. Dealing

effectively with difficult behavior is a skill that can

nip conflict in the bud.

Dealing With Angry Employees - Tips For Managers

By Robert Bacal

Concerns about workplace violence are increasing.

It's important that managers understand and become

more effective when dealing with angry employees,

whether they be the garden variety of angry employee

or the potentially violent.

Resolving Workplace Disputes

By Secretary of the Treasury, U.S.

Read the Memorandum that current Secretary of the

Treasury, Paul H. O'Neill, sent to all employees about

conflict and its resolution in the Treasury.

Key Considerations in Establishing & Implementing

A Mandatory Arbitration Program for

Non-Union Employees

By Armando V. Riccio

The United States Supreme Court's decision in

Circuit City v. Adams conclusively established

an employer's ability to unilaterally require non-union

employees to submit their employment disputes

to binding arbitration. This article focuses on practical

application of the Court's historic decision. It equips

employers with the ability to focus on issues which

should be addressed before legal counsel is contacted

to draft an arbitration agreement, as well as implementation

issues, allowing employers to engage legal counsel more

effectively and efficiently.

http://www.mondaq.com/article.asp?

articleid=112&product_id==6&company_id=000

(If link is broken, copy and paste entire url

-from http:// . . to . . id=00-

into address field and press enter)

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2. DOJ ADA Mediation Program

In 1994, the Department of Justice established the ADA

Mediation Program. Initially funded through the ADA

Technical Assistance Program, the Mediation Program

now operates under a contract with the Key Bridge

Foundation. Many ADA disputes can be resolved

successfully through informal methods. In enacting

the ADA, Congress specifically encouraged the use of

alternative means of dispute resolution, including

mediation, to resolve ADA disputes.

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3. Statement Against Employment Discrimination

in the Aftermath of the September 11 Terrorist Attacks

From EEOC, Department of Labor and the

Department of Justice, U.S.

We continue to receive reports of incidents of

harassment, discrimination, and violence in the

workplace against individuals who are, or are perceived

to be, Arab, Muslim, Middle Eastern, South Asian, or Sikh.

As leaders within the principal federal agencies

responsible for enforcing the laws against discrimination

in employment, we are issuing this joint statement to

reaffirm the federal government's commitment to the

civil rights of all working people in our fight

against terrorism.

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4. The Conflict Dynamics Profile®

The Conflict Dynamics Profile® is a 360-degree

feedback instrument which assesses effective and

non-effective responses to workplace conflict and

identifies causes of interpersonal conflict. The

instrument is for individuals who want (or need) to

understand how they manage and cope with conflict

and how their actions are interpreted by others.

Unlike most conflict instruments on the market which

examine styles, the CDP focuses exclusively on the

behaviors people typically display when

faced with conflict.

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5. Guide to Dispute Resolution Processes

The Dispute Resolution Section of the ABA has

created a Guide to Dispute Resolution Processes,

available to download in PDF form from the

Section's web site.  Designed for consumers and users of dispute

resolution services, the Guide explains what

dispute resolution is, why it is used, and defines

ten different dispute resolution processes.

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6.  International Symposia

The Institute for International Mediation and

Conflict Resolution (IIMCR) requests your

assistance in recruiting talented applicants

for our 2002 international symposia. These

unique programs are designed to prepare a

diverse group of students and young professionals

to tackle issues of conflict they are likely to face

throughout their personal and professional

lives. IIMCR believes that young people can play

an important role in building peace and promoting

prosperity in their communities and countries,

but only if they are properly equipped to do so.

Our international symposia empower young

people with practical skills in negotiation,

mediation, and cross-cultural communication

while promoting values of cooperation and

tolerance.

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7. Conflict Management in Healthcare

The success or failure of your organization

depends on how well you and your management

team deal with conflicts among key stakeholders

in your organization. And nearly every decision you

make involves a web of conflicting views, interest,

and personalities. To help you and your team hone

your critical conflict management skills, we've developed

Conflict Management in Healthcare, a powerful

quarterly leadership development program.

Each quarterly installment consists of four modules.

The end result is that you and your leadership team

will acquire the skills and techniques needed to

successfully tackle tough conflicts.

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8.  Quotes

"Reconciliation occurs only if there is a systematic

increase in friendly interactions following aggressive ones."

Frans De Waal

"Different works, and strong organizations embrace

differences."

Jacki Hoffman-Zehner

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9.  Supreme Court: Managers can consider an

employee's full disciplinary record

The Merit Systems Protection Board may look

at pending disciplinary actions when reviewing

terminations and other serious disciplinary actions,

according to a recent U.S. Supreme Court decision.

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10. New Book

The Complete Idiot's Guide to Handling Difficult Employees

by Robert Bacal

Released in June, 2000, the book is written for people

who work with difficult employees. While the book

presents solutions from the manager's point of view,

the principles and realities presented in the book are

sure to help anyone stuck with working with a difficult

employee. Coming in in excess of 300 pages, it is a

hands-on practical guide, with just enough theory

to help you make intelligent decisions about how to

handle those difficult people.

Chapter excerpts and table of contents are provided at

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11. New California Employment Laws To Take

Effect In 2002

Some of the employment law bills signed by the

Californian Governor are listed below:

English-only Policies (AB 800): Limits an employer's

ability to adopt or enforce a policy requiring employees

to speak only English in the workplace.

Lactation Accommodation (AB 1025): Requires employers

to reasonably accommodate employees who wish to

express breast milk at work, including increased

break time and privacy.

At-will Exception (SB 20): Prohibits at-will termination

of janitors and building maintenance personnel under

certain circumstances.

The Governor vetoed the following employment-related bills:

 

Employee Computer Privacy (SB 147): Would have

prohibited an employer from monitoring employee e-mail

or other computer records without first advising the

employee of the employer's workplace privacy and

monitoring policy.

Sexual Harassment (SB 208): Would have allowed a

human resources professional without a private investigator's

license to be hired as an independent contractor to conduct

workplace harassment investigations. The California State

Department of Consumer Affairs issued an administrative

interpretation earlier this year stating that a private

investigator's

license is required to conduct third party investigations,

unless the investigator is an attorney.

E-News Updates from Ellen S. Savage,

Labor Law Counsel, California Chamber of Commerce

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12. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,

send an e-mail to johnford@mediate.com.

New subscriptions are welcome. Forward this to a

friend or colleague.

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