The good, bad and the UGLY - Resolving E-conflict

Communication in humans covers an amazing range from affirmation to aggression. We use words, gestures and conversations to build people up and tear them down. Technologically assisted communication can also be deployed across the whole human spectrum. It provides a new, novel arena and platform for conflict.

People Resolution’s investigation, mediation and coaching casework contains growing evidence of E-conflict - miscommunication, inappropriate behaviour, bullying and harassment conducted via email, social media, phone, internet forums, texts. There is also the latent, smouldering conflict cased by a lack of certainty and disagreements about some behavioural conventions regarding the use of technology, devices and on-line communication – a lack of agreed E-tiquette - for example:

·         Managers have told us that they find it distracting and disrespectful if other participants monitor or even answer their phones / emails during a meeting

·         People are asking to record a conversation on their phone for ‘future reference’ and there is no policy / guidance for this

·         Some people broadcast / copy others into emails for no apparent reason or bombard others with emails at times of day well outside normal working hours

This is a difficult are as I mentioned in a recent white paper - Part 2 of the ABC Guide to Conflict Resolution – Resolution Architecture.

·         E-tiquette is not sufficiently well developed or universal to enable easy agreement about what is OK for some people and not others

·         Many online modes of communication are all about speed of delivery and reply and therefore meaning may get lost or confused in the speed

·         Generational/cultural differences may cause significant disagreements about what is appropriate and what is not.

I have not found a lot of effective practice in this area. Most conflict resolution and mediation training and provision do not even cover this area. People Resolutions is currently researching the extent and nature of E-Conflict and what organisations are doing to update their conflict resolution practice in this area. Could you let us know?

What is your experience of E-conflict – what types of situations and challenges have you come across?

What measures have you put in place to encourage user friendly and socially constructive use of technology assisted communication – do you have guidance on E-tiquette?

What specific measures have you adopted for effect E-conflict Resolution e.g?

•        Use of on-line mediation, facilitation

•        Effective collection of electronic evidence for formal investigations

•        Manager training on preventing and managing e-conflict.

I have started this as a discussion in a number of Linked-In groups, or you can comment on this blog or email to set up a conversation with me on john.crawley@peopleresolutions.com

The FAIRER workplace investigation process– preventing the rogues

I don’t know if you’ve noticed but the Home Office is to introduce a new system of regulation for private investigators to protect the public from unscrupulous activity. The idea is to prevent rogue investigators unlawfully infringing on the privacy of individuals.

Workplace investigations are luckily not dogged by such rogue individuals but it does sometimes feel as though organisations do not put a high priority on supporting and quality assuring their investigators in what is a complex, risky role.

I’ve recently distilled People Resolutions’ vast experience of workplace investigation into the FAIRER model and I hope this will help those of you who are assigned to investigating workplace grievances, disciplinaries, bullying and harassment allegations and other matters.

This is how it works. First the FAIRER acronym captures the spirit of the central value of effective workplace investigation. Investigators need to be demonstrably fair – recognised as fair by a range of stakeholders, parties and their representatives in their management and recording of the process, in their verbal exchanges, treatment and respect of the parties, and in any written material they process or produce.

Fairness isn’t just in the head or heart. It involves preparation, following designated structures and principles and rigorous attention to detail. Policies give some guidance on process and many organisations do have maps, templates and model documents to help investigators act consistently across a range of situations with a range of stressed, demanding parties often with polarised perceptions.

The structure of thinking and working provided by the FAIRER model supplements and dovetails well with workplace policies and procedures.  

F- Find out – what is to be investigated and agree the terms of reference (investigation plan), what are the issues and allegations, what is the evidence, what happened and what can help understand and assess what happened

A– Analyse – apply objective, impartial, rational consideration to reflect and begin to structure what you have and begin to weigh it up against the allegations

I – bring Insight – consider the weight, type of evidence, levels of proof required, utilise external guidance, definitions, seek more information and clarification if required

R- Report – pull together evidence, conclusions, findings* in a detailed, structured report according to policy requirements and the terms of reference

E – Evaluate - explain and get feedback on the report and findings / recommendations with key parties, check in with commissioning person for feedback as appropriate

R - Reflect on learning emerging from the investigation and disseminate as appropriate.

John Crawley

*If Required 

‘A manager reluctant to investigate a disciplinary issue’ – I'm not surprised!

‘Can we compel a reluctant manager to investigate’ asked a Federation of Small Businesses member to the legal team in the FSB magazine ‘First Voice.’ In a recent edition of the FSB magazine Contact the People Resolutions Team for more on improving investigation capacity. The reluctant manager apparently felt he had not been trained for this role.

The FSB legal team suggested that this could be a disciplinary matter as the manager may be seen to be refusing to do ‘any additional duties that are suitable and appropriate for his role.’ Sensibly though the FSB legal team recognised that it was much more important to ensure that the investigation is conducted correctly and not by someone who could later be alleged to be incompetent or biased.

In many small or large businesses investigations continue to challenge even the most skilful and experienced manager. It is one of those responsibilities that people acquire and it comes with great expectations is hugely challenging. Just imagine if you suddenly put in the position of investigating whether or not a college who you had been working with years was a ‘bully’ or not? A team member alleges that they are. You need to interview witnesses, write up notes, put a report together, maintain confidentiality.

We all possess investigative skills to some degree and could not survive if we could not gather verbal information from the people around us, collect documentary evidence, draw conclusions, feed back our information and recommendations to others (say about an area we are thinking of moving to).

In the workplace though people’s livelihood and well being can depend on the skills of an investigator if someone raises a grievance, or makes an allegation of wrongdoing against them. I can see why a manager might be reluctant but I would not then want to compel them to do it, rather support them and their colleagues in ensuring that they did it fairly, rigorously and well.

Contact the People Resolutions Workplace Investigation team about investigation training, outsourcing the most complex, senior investigations, investigator mentoring. If you are a small business contact John Crawley about ‘Investigation Pooling’.

Coping with the new normal

Having just joined People Resolutions after 25 years running my own business I have been reminded how tricky it is to be joining a new group of people whose norms are unfamiliar and may be different from your own. I received an enthusiastic welcome full of curiosity and courtesy – so important for new joiners. I realised how useful my well-honed mediation skills were too, as I absorbed and reflected to make sure I got maximum information and suspended judgement to make sure I was building understanding of people, products and the new norms rather than assessing, accepting or rejecting. 

Download R.E.S.P.E.C.T

Humans like to judge – we cannot survive if we do not. We also overdo it somewhat, branding and labelling people, assessing their performance and worth based on assumptions or selective evidence. Suspending judgement is difficult. Impartiality is also a tough quality to enact. I soon discovered impartiality is one of the key qualities that runs through People Resolutions and links it with Responsible Trade Worldwide and Human Potential Accounting. I aim to ensure that we demonstrate active impartiality in all that we do whether in an investigation, mediation, facilitation or learning and development role.

I’m bringing some new tools, ideas and processes and some well proven solutions to the business and by way of a sampler take a look at our R.E.S.P.E.C.T model.  

As the world of work becomes ever more diverse and globally connected communicators will have to put their own norms to one side, build empathy and solve problems from a place of common ground. My main driver is to make ‘resolution’ the new normal. If you disagree with a colleague and cannot understand where they are coming from – talk it out don’t fight it out. If you have a difficult audit or evaluation conversation coming up make sure you that you frame it in a non-judgemental way, hear from as many perspectives as possible and create a problem-solving rather than a blaming atmosphere.

Can a workplace investigation be a positive thing?

The circumstances surrounding most workplace investigations are serious and negative for all involved. While everyone focuses on fulfilling their personal or company objectives, many organisations lose sight of the positive aspects of conducting an investigation, as a form of business best practice.

Try looking at investigations in a different light:

They are mobilising. First and foremost, an investigation is doing something about the situation. After a conflict situation escalates to formal stages, it may be difficult to know what to do, or who is right. An investigation is designed to clarify a muddy situation by unscrambling the allegations.

They listen. Investigation interviews allow each party to state their case. On a more emotional level, they feel that their concerns are fully heard and have been able to say their piece to an unbiased listening ear. When handled professionally and independently, this can significantly help to diffuse the cloud of tension surrounding most investigations.

They are enabling. Once outcomes are determined, the HR or line manager is then able to take appropriate action. A well-written investigation report should shine a light on how the parties can move forward, whether it be a warning, or some training, or a mediation.

They are fair. Our investigation reports are always written in such a manner that doesn’t blame, criticise or criminalise the parties but treats all equitably and with respect, leaving room for everybody to move forward afterwards.

They are constructive. In many investigation cases, the parties will be required to work together afterwards. This is where investigation report can be of additional value, by including practical recommendations as to how the relationship can be brought back on track.

They provide learning. While some parties will be unhappy with an investigation outcome, even Respondents whose allegations against them have been upheld can take something positive from the experience. Having had their behaviour under the spotlight, they will no doubt be clearer on boundaries of conduct in the workplace and their own style. Depending on the visibility of the outcomes, the case may also provide learning for other colleagues about what is expected in terms of respectful co-worker interaction. For Complainants, even if their allegation hasn’t been upheld, it can be reassuring to know they weren’t being discriminated against, for example.

Finally, it is worth mentioning that you don’t have to wait for a formal grievance to be raised in order to conduct an investigation. If concerns have been raised, a line manager can action an investigation to get to the bottom of an informal conflict situation. This could prevent further escalation i.e. an eruption, a grievance, a departure, etc.  

People Resolutions provides independent conflict resolution services, including workplace investigations and mediation. If you’d like to talk through any situation, please don’t hesitate to give us a call on 01908 488 828, at no obligation.