M5 - Learner Manual

Use strategies to resolve conflict that comply with organisational policies and procedures.

In a custodial setting, different situations will give rise to the need for negotiation. It may be that there is:

—    Conflict between two detainees;

—    Conflict between a custodial officer and a detainee;

—    An issue around access to services;

—    An issue around contact or visits with family members;

—    There may be a mental health situation that needs to be managed;

—    A person may commit an offence; or

—    There may be a concern about self-harm.

 

In each of these situations the use of negotiation can assist in resolving the issue efficiently and effectively, without escalation to something more serious. By communicating with relevant parties you can try to identify a solution that is agreeable and workable for all those involved. Different communication techniques will be more effective at different times. For example, listening, active listening, writing a letter, being assertive, being passive and sitting back. Each situation will call for a different approach. For example:

—    If an employee is negotiating visits then they will need to speak with welfare officers, family members and corrective services administration.

—    If an employee is de-escalating a conflict between inmates then they may call on assistance from a colleague and use distraction or diversion as a way to negotiate an initial resolution.

—    If there is a concern about self-harm the employee will need to seek assistance from health professionals.

—    There are some situations where an employee may need to use to force if negotiating is unsuccessful

 

Complaints Resolution Policy

Often you can expect that a complaint may arise about the way that a conflict situation has been handled, in which case it is important to be clear about the organisational ‘Complaints resolution policy’.

Each organisation should have a Complaints Resolution Policy to deal with complaints about the organisation or individual staff. This sets out the procedure for dealing with complaints, whether they are from within or outside the organisation.

The complaint should be registered in a book or database set aside specifically for that purpose. Each complaint should include the following details:

—    name of person making the complaint

—    nature of the complaint - as many facts and details as possible, including names, places, dates

—    date complaint was made

—    name of person recording the complaint

—    what action the person was told would be taken

—    The person recording the complaint should pass the information on to the appropriate person in the organisation.

—    The person making the complaint should be told what action will be taken to follow up on their complaint, who will be dealing with it (if known) and when they can expect to hear back from the organisation.

—    Potential conflict can be averted if staff and Board members follow the correct procedure in registering complaints.

 

The organisation’s Complaints Resolution Policy should have a timeframe for dealing with conflict.  For example, less serious conflict may need to be resolved within 3 days and more serious conflict may need to be resolved within 7 days.

 

Having a set timeframe that is written down for everyone to see has two benefits: it provides a guide for management to follow, and it allows people involved in the conflict to know the situation will be dealt with promptly.

 

If a complaint about conflict comes to the attention of management, either verbally or through its correspondence, management should deal with it within the set timeframes.  Delays can create more conflict and unnecessary stress and tension for everyone.

The Complaints Resolution Policy of the organisation should be followed so that the conflict is dealt with in an open and transparent manner.  All parties should be kept informed about who is dealing with the conflict and when they can expect a resolution.  All actions must be recorded.

In some cases, it may be inappropriate or difficult for managers to deal with conflict situations themselves. They may need to seek outside help from an independent arbitrator or mediator.  This should only be done as a last resort though, when all else has failed to resolve the conflict.

 

arbitrator ~ person brought in to settle a dispute, usually through a formal process (e.g. Arbitration Commission)   mediator ~ similar to an arbitrator, but less formal

 

Resolution strategies

Different conflict resolution strategies may need to be used for different situations.  Be realistic about the nature and severity of the conflict and its chances of being resolved.

Strategies should be developed in consultation with the conflicting parties. This can happen in small meetings, community meetings, or Board meetings.

Involved parties should:

—    Aim for a friendly ‘win-win’ resolution - where there are no losers and no-one goes away feeling angry.

—    Try to work out a compromise that satisfies all.

—    Speak ‘one-to-one’ in a casual setting if possible. Get all sides of the story and respect each person’s right to their own point of view.

—    Remind concerned parties of the organisations Code of Conduct and what is appropriate and respectful behaviour during a disagreement.

—    Record what each party said happened. Give each party a copy to verify, comment on or change if necessary and sign and date.

—    Stick to grievance policies and procedures. Make sure everyone on the Board is aware of this.

—    Observe cultural resolution strategies. Different cultures have different strategies. Make sure people from different cultural backgrounds are aware of the culturally appropriate strategies for your organisation or community.

—    Draw up a memorandum of understanding between conflicting parties if necessary. This outlines what each party agreed on to resolve the conflict. Make sure it is dated and signed and a copy given to each party.

—    Defer the subject causing the conflict for later discussion if necessary. This can delay or minimise conflict and allow important tasks to be completed.

—    Consider what resources the organisation has for dealing with the conflict. Don’t stretch human or financial resources too far. Seek help if needed.

—    Keep all parties advised of what is being done to deal with the conflict.

—    Explain the process to people.

 

 

Professional advice is sought

If the conflict cannot be dealt with internally, the organisation may need to seek professional outside help. This can include:

 

—    legal advice

—    conflict resolution professional

—    unions

—    arbitrator – e.g. Industrial Relations Court

Legal advice

Some conflict situations may require the organisation to seek legal advice to find out their legal position, or the legal position of a staff member.

 

Legal advice may be required in situations involving:

 

—    crime – e.g. stealing, misappropriation of funds

—    violence

 

Organisations have a responsibility to protect their staff from being harmed, or from causing harm to others.

 

Conflict resolution professionals

Sometimes a person with professional skills in resolving conflict may need to be called upon for advice or mediation.

 

This can be necessary if the conflict situation is beyond the skills of any staff employed within the organisation in which the conflict has arisen. Also, if there is a personal conflict that a staff member cannot discuss with anyone within the organisation, they may need to discuss it in confidence with a professional.

 

Mediation may be necessary if the conflict has gotten out of hand.  It may need someone who is not close to the conflict to get all sides of the story and find a resolution.  A mediator can also suggest strategies to prevent any future conflict from arising.

   

There may be suitable mediators in your community, or they may have to be brought in from outside the community.  A mediator should be impartial and not have a professional or personal relationship with any of the parties involved in the conflict.

 

Unions

Unions represent workers in issues involving pay disputes, workplace conditions and conflicts between employers and employees. Employees need to know that if they belong to a union, they have the right to contact their union representative to help them deal with a conflict situation. The union can advise them of their rights and responsibilities.

 

 

Arbitrator

An arbitrator is like a mediator, but usually in a more formal setting, such as the Industrial Relations Court. In extreme conflict situations that cannot be resolved within the organisation itself, it may need to go to an arbitrator. An example of this could be if a manager of an organisation was contracted for a certain period of time, but the Board terminated his or her contract without due cause. The Manager could take the case to the Industrial Relations Court if he or she was not happy with the situation.

 

Health professionals

Some conflict may require the advice and assistance of a health professional, such as a health worker, doctor, counsellor, psychologist or psychiatrist. These people are trained in dealing with specific aspects of physical or mental health and can help deal with specific problems. For example, if a person in the organisation was displaying abnormal behaviour or aggression, they may need the help of a health professional to find out what is causing it.

 

Confidentiality Policy

The organisation or department needs to have a confidentiality policy that clearly sets out how to deal with conflict in a way that maintains discretion and confidentiality

A Code of Conduct/Ethics signed by staff lets people know that they are expected to behave in ways that maintain confidentiality and discretion at all times.

Confidentiality and discretion needs to be an across-the-organisation policy.  If these policies and procedures are maintained, it will strengthen the effectiveness of the organisation’s operations by letting staff know they can trust their organisation to do the right thing.