Workplace Section

Workplace Mediation Articles


Conflict Resolution Meets Social Technology A New App Offers New Ways of Navigating Disagreements When Power Matters

(12/21/15)Robert Ferguson, Peter T. Coleman Most of what you have learned about conflict resolution is often wrong. At the very least, ineffective in the workplace.
Katherine Graham

Get More from Workplace Mediation, It’s Not a 1 Trick Pony!

(12/18/15)Katherine Graham In many organisations, mediation only plays a limited part as an activity to resolve a specific conflict. But it can do so much more.
John Ford

To Vent or Not to Vent, That is the Question!

(12/01/15)John Ford I suspect that we have all vented our anger at some point in time. But is it really a good idea?
Patricia Porter

Want Better Work Team Conflict Management? Begin By Assessing “Conflict Climate” Online

(11/13/15)Patricia Porter Why do old, dysfunctional patterns for handling conflict re-emerge and persist in the workplace, even after providing training, policies or procedures for resolving differences constructively? This vexing phenomenon—a return to the status quo–plagues conflict professionals and team leaders alike. This is a podcast with Michael Dues.
Richard Peachey

In Many Respects, Women are People Too...

(11/09/15)Richard Peachey Thomas Manfield offered UK employees the chance to submit some of the most disturbing things they had overheard in their workplaces. The research found that rude and insulting remarks are still very much commonplace in offices today.
Beth Graham

COA Orders Employment Discrimination Case to Arbitration

(10/30/15)Beth Graham Texas’ 13th District Court of Appeals has ordered an employment discrimination lawsuit to arbitration.
Lorraine Segal

Five Strategies to Manage Conflict at Work

(10/23/15)Lorraine Segal A lot of people cringe when they even hear the word “conflict”, especially at their workplaces. But the truth is, conflict is a natural part of human interactions, and it won’t go away even if you close your eyes and wish really hard!
Donal O’Reardon

Organizational Shadow and Conflict Management

(10/23/15)Donal O’Reardon This article teaches us how we as mediators should respond to workplace conflict, by understanding the interplay between the company, its employees, and the neutral.
Lorraine Segal

Five Strategies to Manage Conflict at Work

(10/16/15)Lorraine Segal A lot of people cringe when they even hear the word “conflict”, especially at their workplaces. But the truth is, conflict is a natural part of human interactions, and it won’t go away even if you close your eyes and wish really hard!
Beth Graham

HR’s Role in Investigations Should Be Restricted, Finds Appeal Tribunal

(10/12/15)Beth Graham The Employment Appeal Tribunal has said that HR involvement with the investigating offier, hearing manager or deciding officer should not go beyond legal advice, and advice on matter of process and procedure.
Katherine Graham

HR’s Role in Investigations Should Be Restricted

(10/02/15)Katherine Graham The Employment Appeal Tribunal has said that HR involvement with the investigating offier, hearing manager or deciding officer should not go beyond legal advice, and advice on matter of process and procedure.
Michael A. Zeytoonian

Some Food for Thought Over Labor Day Weekend

(9/12/15)Michael A. Zeytoonian Over 95% of the cases filed in courts end up settling and never go to trial. If you know there is an overwhelming likelihood that your case will settle through negotiations or mediation – doesn’t it make sense to use a process designed to reach a settlement in a time and cost effective way?
Jeffrey Grubman

Whistleblower Cases are Custom Tailored for ADR

(9/04/15)Jeffrey Grubman Various state and federal statutes exist to protect and compensate employees whose employers retaliate against them after they disclose certain fraudulent practices to the employers or government agencies. These are known as Whistleblower statutes.
Fredrike P. Bannink

Handbook of Positive Supervision for Supervisors, Facilitators, and Peer Groups Book Review

(8/14/15)Fredrike P. Bannink This book introduces us and gives the reader a taste of a unique form of supervision, based on positive psychology and solution-focused brief therapy, which have their philosophical roots in social constructivist tradition. Many theories that underpin the practice approach of positive supervision and its reasons for its success are described.
Cecilia Iro-Cunningham

Comparing Arbitration and Mediation as ADR tool for Workplace Conflict

(7/29/15)Cecilia Iro-Cunningham Recently arbitration has been considered or mandated by many employers in response to increasing cost associated with employment litigation (Shea, 2015). Arbitration in workplace dispute is mostly used to determine bridge of collective agreement and grievances arising from terms and conditions of employment as contained in the collective agreement.
Tim Hicks

Seven Steps for Effective Problem Solving in the Workplace

(7/06/15)Tim Hicks Problem solving and decision making. Ask anyone in the workplace if these activities are part of their day and they'd certainly answer 'Yes!' But how many of us have had training in problem solving? We know it's a critical element of our work but do we know how to do it effectively?
Katherine Graham

So You Think You Don’t Need Dispute Resolution in Your Organisation?

(6/12/15)Katherine Graham Over the next 6 weeks we will be following Carol, Mike and their colleagues, as they experience the difficulties that arise when we don’t have the skills to handle conflict at work. It all ends in an unnecessary grievance; so how did something that started out as a small problem get to that outcome?
John Ford

The Future of Mediation

(6/09/15)John Ford A coach once asked me to predict which way a drop of water would go around a rock up ahead. Of course there is no way of knowing: the water drop may not make it due to evaporation to the atmosphere, absorption by the river bank, and then if it does make it to the rock, whether it goes left or right, over or below. However, even if the future is uncertain, we can still comment on where the drop of water is at the moment. Even its relationship to our imagined future. And of course about its past.
Lorraine Brennan

A Pregnant Pause: Using ADR to Resolve Pregnancy-Related Workplace Issues

(6/06/15)Lorraine Brennan A recent case heard before the U.S. Supreme Court, Young v. UPS (issued March 25, 2015), caught the attention of many women and employers as well. In Young, the Court interpreted the Pregnancy Discrimination Act (PDA), in particular the second clause of that Act, which reads that employers must treat “women affected by pregnancy…the same for all employment-related purposes…as other persons not so affected but similar in their ability or inability to work.” - See more at: http://jamsadrblog.com/2015/06/02/a-pregnant-pause-using-adr-to-resolve-pregnancy-related-workplace-issues/#sthash.wJpiwrSY.dpuf
Patricia Porter

Workplace Systemic Issues: Do Your Leaders Really Want to Know?

(6/01/15)Patricia Porter Like many conflict resolution or ADR professionals who start as a mediator, it doesn’t take long before a mediator doing workplace cases in one organization begins to wonder about the organization’s culture, communication, or leadership skills. “If only the organization had better practices, the mediation (or coaching or training or group facilitation) wouldn’t be needed”, many have thought.
Jeffrey Grubman

ADR is on the Rise in Employment Cases

(4/24/15)Jeffrey Grubman While there is a long history of utilizing arbitration in the labor union context, the majority of employment disputes have historically been litigated in federal court.
Katherine Graham

3 Reasons Why Workplace Mediation Should Be Mandatory

(3/21/15)Katherine Graham A sacred cow of mediation is that it must be voluntary – and anything else is undermining the values of mediation and somehow almost violating people’s human rights. I disagree. And I’ll explain why.
Vivian Scott

When Your Boss Won’t Change

(2/13/15)Vivian Scott Who doesn’t have a list of things they’d like their manager to do differently? Everything from the way he slurps that first cup of coffee in the morning to how he plays his staff against one another is a frustration. Though it’s possible to make adjustments in any working relationship, there are still going to be some things that don’t change; no matter your efforts. What then? Here are a few ideas.
Katherine Graham

Why I Said “HR Should Be Ashamed of Itself”

(2/13/15)Katherine Graham It’s no secret that I can be spikey – and I sometimes rue the things I say after I’ve said them. And, believe me, I do understand why HR Directors need to be at the Board Room table, because without that influence your job is all the more difficult.

Integrating Conflict Management and Workplace Mediation Practices: A Blueprint for Future Practice

(2/03/15)Craig Runde, Daniel Dana A key motive for closer integration between workplace mediation and conflict management processes is the desire of organizational clients to control costs. In a manner similar to the evolution from litigation to alternative dispute resolution, organizations are increasingly recognizing the advantages of improved ability of managers and employees to manage their conflicts at the lowest possible level and at the earliest possible time.
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