Bursting the bubble: cultivating dissent in the workplace (10/15/07)
Diane J. Levin
According to a recent BusinessWeek poll, 90% of executives and middle managers believe that they perform in the top 10%. (This effect, known as positive illusion bias, is not confined to managers alone: it can be found among drivers confident that their reflexes are superior to those of others on the road, trial attorneys certain that they have the stronger case, and negotiators with an overinflated sense of their own prowess at the table.)Given how widespread this phenomenon is, and how...

Are You Confrontable? (10/15/07)
Lynne Eisaguirre
When I’m asked to coach executives who’ve been accused of abuse, harassment, discrimination, poor conflict resolution skills or general “poor people management” skills, they frequently lament: “But I didn’t know that he or she objected to my behavior. Why didn’t they tell me?” To this popular excuse I always respond: “What have you done to make it safe for them to come to you and complain about your behavior?”

Resolved to Get Organized? . . . What about Organizing to Resolve? (8/27/07)
Dawn Martin
The average person spends roughly 150 hours per year trying to find documents, electronic files, and other information... That’s equivalent to almost a month of work. Some studies put the number even higher—at 10% of work time. Think of the lost productivity, the aggravation, the resulting in-house discord and, just as importantly, the hours that could have been spent simply enjoying life. Now consider how many workplace conflicts result from lack of communication or miscommunication, and how often these lapses occur because the parties were “just too busy” to communicate effectively. When we talk about enhancing people’s capacity to prevent and resolve conflict, we need to include organizational skills in the conversation.

Ten Tips on Maximizing Success in ERISA Mediations (8/20/07)
Jeffrey Krivis, Mariam Zadeh
Employee Retirement Income Security Act (ERISA) disputes present unique and specific challenges in large part due to the statutory limitations imposed on scope of discovery, standard of review and plaintiff’s recovery. “It’s just not fair!” is the response most often heard from plaintiffs after they are reminded at the mediation that the upside of their recovery is limited to the extent of contractual damages available under their disability policy, that a “win” in court means receiving back benefits and being reinstated, and that their “day in court” will amount to no more than a hearing over the administrative record at which they cannot testify. The tips below maximize the likelihood of success by laying the groundwork and staging the negotiation in a manner that encourages closure and enables the plaintiff to understand and appreciate the parameters within which a settlement may be reached.   1 Comment

Improving the Workplace: Don't De-Motivate Your Colleagues and Employees (8/13/07)
Victoria Pynchon
(left:  the country's favorite bad boss)Diane Levin introduced her readers to a great video over at the ej4 Learning Center some time ago but I just got around to watching it today.  In the course of this short video, you'll see every bad boss you've ever had as well as (grit your teeth but bear it!) every bad boss behavior you've ever been guilty of.A must-see:  Impedership Versus LeadershipWhat does this have to do with negotiation?  First off, you'll find...

Can We Call a Truce? Ten Tips for Negotiating Workplace Conflicts (8/06/07)
Jeffrey Krivis
Whether two employees are fighting or a disgruntled client is on the verge of leaving, you—yes, you—can step in and help solve the problem. Here are some tricks of the trade.

Concept of Undue Hardship and Reasonable Accommodation in the Employment Context (5/07/07)
William D. Goren
What is a reasonable accomodation in the employment context? Under the ADA, reasonable accommodation is defined in the negative. More specifically, a reasonable accommodation is anything that does not constitute an undue hardship. Thus, it becomes imperative to know what an undue hardship is.

A Team Approach to Fairness in Conflict Management Systems Design (4/02/07)
Blaine Donais
In the book Workplace That Work, we have explored options for conflict management systems and introduced the Testing Instrument for Fairness Systems (TIFFS), thus exploring the first part of the Donais Fairness Theory: that fairness can be measured in workplace conflict management systems. But how do we prove the second part of the Fairness Theory - that workplaces can achieve fairness excellence? How do we start the workplace renewal process?

How Fair Is Your Conflict Management System? (3/05/07)
Blaine Donais
Many practitioners and commentators have provided advice on developing effective conflict management systems in the workplace. But are these conflict management systems fair to all workplace participants? And is it even possible to measure fairness in conflict management systems? This article proposes that workplace fairness is both measurable and achievable in conflict management systems. As discussed in the book Workplaces That Work, this is the essence of the Donais Fairness Theory.

Recent Study Shows Bad Workplace Apples Do Indeed Spoil the Barrel (2/27/07)
Diane J. Levin
According to the results of a study reported in the journal Research in Organizational Behavior, bad apples really do spoil it for their co-workers. This will come as no surprise to anyone who has ever shared a workspace with a negative personality. The study, conducted by Will Felps, a Ph.D. candidate in management and organizational behavior, Professor Terence R. Mitchell, and graduate student Eliza Byington, all from the University of Washington Business School, examines the ways in which ...

Redefining Conflict Management Systems Options (2/05/07)
Blaine Donais
This article explores system options for managing conflict in the non-union workplace. This is intended to build upon the work done by others in this area by seeking to categorize the conflict management options as interest-based, rights-based, power-based or communication-based.

Perspective Taking (2/05/07)
Craig Runde, Tim Flanagan
We are presenting a third excerpt from the new book, Becoming a Conflict Competent Leader, by Craig Runde and Tim Flanagan (Jossey-Bass, 2006). This excerpt focuses on perspective taking, trying to understand how the other person sees and feels about an issue. It includes a fun and highly illustrative example from Tim's life.

Creation of an Ombuds Office Can Prevent Retaliation Claims (1/09/07)
Michael Eisner
In its decision in Burlington Northern & Santa Fe Railroad Co. v White, the Supreme Court held that the standard of proof required to establish a retaliation claim under Title VII of the Civil Rights Act of 1964 is less than the standard of proof required in discrimination claims under the same statute. This decision makes it easier for employees to raise retaliation claims and to survive summary judgment motions. In light of this decision it is more important than ever that organizations create informal as well as formal grievance procedures to properly manage conflicts that may give rise to retaliation claims. The creation of an Ombuds Office can help organizations manage these conflicts effectively by helping to resolve them early and at the lowest possible level.

Who are Your Workplace Actors? (1/03/07)
Blaine Donais
The effective management of workplace conflict requires a thorough understanding of the roles that individuals play in generating and resolving this conflict.

Providing Learning Opportunities (12/23/06)
Craig Runde, Tim Flanagan
Conflict competent leaders can not be the exclusive coach for every learner. Certainly they look for opportunities to actively teach and coach, but it’s just as critical that they offer opportunities for development. This can be accomplished in several ways.

What Are the Sources of Workplace Conflict? (11/11/06)
Blaine Donais
Conflict can exist without disputes, but disputes do not exist without conflict. Conflict, however, might not be so easily noticed. Much conflict exists in every workplace without turning into disputes. The first step in uncovering workplace conflict is to consider the typical sources of conflict. There are a variety of sources of workplace conflict including interpersonal, organizational, change related, and external factors.

Becoming a Conflict Competent Leader (11/06/06)
Craig Runde, Tim Flanagan
Becoming a Conflict Competent Leader (Jossey-Bass) is a new book from Craig Runde and Tim Flanagan that serves as a call to action to leaders to become champions of conflict competence in their organizations. Runde and Flanagan work at the Leadership Development Institute at Eckerd College, a network associate of the Center for Creative Leadership. Based on their experience of working with leaders from corporate, government, and non-profit organizations, they became convinced that organizations would not get better at dealing with conflict unless leaders took a more active role by improving their personal conflict skills and encouraging others in their organization to do so as well. This excerpt is from the book's preface.   1 Comment

Workplace Disability Conflict Management (10/03/06)
Judith Cohen
The publication of “Workplace Disability Conflict Management Best Practices” below brings us full circle in a sense. Our focus has shifted from ADA mediation as a specialized field of practice to its current integration as “ADA conflict management practices” into standard operating procedure at many organizations.

Improve Your Ability to Handle Workplace Conflict: An Interview with Judy Ringer (9/18/06)
Judy Ringer
Recently a local newspaper interviewed Judy Ringer on the subjects of workplace conflict, difficult people, and how to manage them more effectively.   3 Comments

Flash Flood Warning: After the Early Raine Decision this Year, Employers’ Are Creating a Weather System That Forecasts a Hurricane (8/28/06)
Elizabeth Moreno
Recently, I have been mediating several claims involving the Raine v. City of Burbank (2006) decision. I thought you would be interested in how to deal with the problem . . .