Conflict Management Services


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ARBITRATION

WHAT IS ARBITRATION? DECISIVE

  • A dispute is submitted to an impartial third party, the arbitrator, for a final decision sometimes called an award.
  • Arbitration is a private process.
  • The parties determine the issues to be resolved, present their case, and the arbitrator determines the award.
  • Parties choose the arbitrator, and the rules of the process.
  • Arbitrators are generally chosen for their expertise in the substantive issues in dispute.
  • Someone else, not the parties, makes the decision, and the decision is final
  • Can be used for any dispute that could be litigated.

BENEFITS OF ARBITRATION:

  • Parties choose the decision-maker.
  • The arbitrator is an expert in the fieldof the dispute.
  • Awards can be rendered quickly.
  • Awards are seldom challenged in courts.
  • Decisions are usually conclusive.
  • Arbitrations take place in a private environment.
  • Rules of evidence in an arbitration are more relaxed than court.
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COMPLAINT INVESTIGATION

WHAT IS COMPLAINT INVESTIGATION? CONCLUSIVE

  • A process to resolve a complaint through the intervention of an impartial third person.
  • The impartial third party conducts the investigation through witness interviews, interviews with the claimant and respondent and produces a written report including analysis, findings and recommendations
  • The investigator is perceived as credible and impartial by the complainant and respondent
  • The investigation is conducted fairly using accepted procedural rules

BENEFITS OF COMPLAINT INVESTIGATION

  • The complainant and respondent are provided a hearing before an impartial third party
  • The witnesses have an opportunity to speak openly to the investigator.
  • Produces conclusive findings.
  • Is time limited.
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CONFLICT MANAGEMENT COACHING

WHAT IS CONFLICT MANAGEMENT COACHING? SUPPORTIVE

  • Conflict management coaching provides personal consultation, support and advice in the area of conflict management, negotiation and mediation
  • Whether preparing for difficult conversations, negotiations or mediations, a coach can add value by way of insights and constructive feedback on skills and strategies.
  • Conflict management coaching offers supervisors and managers an opportunity to enhance their performance, which will assist them to manage workplace conflict more effectively.

BENEFITS OF CONFLICT MANAGEMENT COACHING

  • Professional growth.
  • Personalized skills analysis.
  • Personalized feedback.
  • Improved conflict management ability

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DISPUTE RESOLUTION SYSTEMS ANALYSIS

WHAT IS DISPUTE RESOLUTION SYSTEMS ANALYSIS? DIAGNOSTIC

  • A review, analysis and evaluation of the dispute resolution systems currently in place, and of the nature of the disputes experienced by an organization
  • The systems analyst works with members of the organization in this analysis
  • The systems analyst reports to the organization as to how the organization's short and long term dispute resolution goals are being met
  • A thorough systems analysis is an essential preliminary phase to a dispute resolution systems design

BENEFITS OF DISPUTE RESOLUTION SYSTEMS ANALYSIS

  • An understanding of the cost of conflict to an organization
  • Clarification of the cultural values of the organization
  • Identification of inconsistencies in policies and processes
  • Identification of the types and numbers of disputes experienced by the organization, their causes, and their dynamics
  • Evaluation of the internal and external dispute resolution resources available
  • Evaluation of the processes in place to address the different types of conflict
  • Identification of the types of disputes the organization is likely to experience in the future
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DISPUTE RESOLUTION SYSTEMS DESIGN

WHAT IS DISPUTE RESOLUTION SYSTEMS DESIGN? EFFECTIVE
  • The creation of a cohesive dispute resolution system that is designed specifically for an organization built on the values, goals, and culture of that organization
  • The dispute resolution systems analyst works with an organization to design a dispute resolution system
  • The analyst uses the information from the analysis of the current system
  • The analyst considers the resources available to the organization
  • The analyst considers the ability of the individuals or groups in the organization to use the new system
  • The analyst ensures that the system can be easily accessed
  • The analyst designs the educational or training requirements of the system
  • The design of the system is evaluated against criteria established by the organization
  • The use of the system is reinforced through coaching and training

BENEFITS OF DISPUTE RESOLUTION SYSTEMS DESIGN

  • The stakeholders' use of the system created is ensured
  • Results in the most appropriate dispute resolution process for the organization
  • Saves costs
  • Is a custom designed system
  • Conflict resolution processes are integrated with the organization's goals
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EDUCATION and TRAINING

WHAT IS EDUCATION AND TRAINING? ENLIGHTENING
  • AMS Mediation Associates through its AMS Institute for Conflict Management provides educational consultation, programs, training, and evaluation
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FACILITATION

WHAT IS FACILITATION? EFFICIENT

  • A meeting, or a series of meetings, at which an impartial facilitator manages the group process to help the group meet its goal.
  • The group gives the facilitator permission to manage the meeting.
  • The facilitator creates a meeting environment which will assist in effective communication.
  • The facilitator ensures that the meeting stays focused on the agreed issues
  • The facilitator ensures that everyone's point of view is heard and that decisions are supported

BENEFITS OF FACILITATION

  • Facilitated meetings help participants to make substantive decisions including action plans. Facilitation helps groups develop fair procedures for making decisions which ensure everyone's support.
  • Collaborative relationships.
  • This process can be used to allow groups to resolve issues which must be addressed.
  • This process allows the group to discuss issues, even if they are not seeking a resolution of the issues.
  • This process can allow public organizations or interest groups to discuss difficult political or social issues in a safe forum.
  • Facilitators can help make meetings productive by assisting participants to overcome the challenges inherent in group decision making.

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MEDIATION

WHAT IS MEDIATION? EMPOWERING

  • Mediation is assisted negotiation.
  • Mediation is used when people want to make the decisions which will resolve the conflict but need an impartial third party to provide a process in which they can negotiate.
  • Mediation is private, confidential, and informal. The rules are decided on by the parties and the mediator.
  • The goal of mediation is a mutually satisfactory settlement for everyone.
  • The parties meet with a neutral, third party called the mediator. These meetings can take place with all the parties and the mediator together or separately.
  • The mediator will not impose an outcome.
  • The mediator helps parties to clarify the issues to be decided, understand the interests of all the parties, and develop solutions that will meet everyone's interests.
  • By creating a broad discussion between the parties, mediation allows the parties to be creative and find outcomes which will satisfy all parties.
  • The mediation process is in contrast to arbitration or adjudication, both processes in which a third party imposes the decision on the parties
  • Mediators provide fair processes and balanced communication in order to find sustainable solutions

BENEFITS OF MEDIATION

  • Solutions are not limited by precedent or law
  • Solutions can be designed to fit the problem
  • Solutions are sustainable and enduring because the parties choose them
  • Mediation fosters relationships
  • Mediation often saves time and money
  • Mediation provides win-win solutions
  • Mediation can be used to resolve disputes in any field including family, estates, workplace, harassment, human rights, neighbourhood, community, environment, public interest, business, and organizations
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MEDIATION MENTORING

WHAT IS MEDIATION MENTORING? SKILL BUILDING

  • An educational process in which a mentor provides the mediator relevant feedback on mediation skills and techniques
  • The mentor is an experienced mediation practitioner
  • Feedback can take place before and after each mediation session
  • Mentoring progresses through stages of observation, co-mediation and solo-mediation with mentor observation, and feedback at all stages
  • Mentoring sessions allow practical follow up to mediation training

BENEFITS OF MENTORING

  • Provides practical experience in a safe environment
  • An opportunity for skill development
  • Impartial feedback regarding use of skills and techniques
  • Important when applying for certification with provincial or national dispute resolution organizations
  • An opportunity for self reflection on practice
  • An opportunity for ethical learning

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PARTNERING

WHAT IS PARTNERING? PREVENTATIVE

  • A process designed to prevent disputes from occurring on large projects, for example in construction or environmental projects
  • A workshop is led by a facilitator, and includes representatives of all the participants in the project
  • In the workshop the project participants design how they will work together for the life of the project
  • Workshop participants design a system to resolve potential disputes in a timely and cost effective manner

BENEFITS OF PARTNERING

  • Ensures maximum efficiency during the project
  • Builds good working relationships for the project and beyond
  • Clarifies the decision making process
  • Allows for creative decision making
  • Troubleshoots potential conflicts
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PUBLIC CONSULTATION

WHAT IS PUBLIC CONSULTATION? COLLABORATIVE

  • A trained third party neutral organizes, convenes, and facilitates a public dialogue process
  • A facilitated forum for people to exchange views
  • An information gathering process which may or may not result in reports to decision makers
  • The third party neutral ensures all the stakeholders are identified and invited to participate
  • The third party neutral provides a managed process which focuses on the issues

BENEFITS OF PUBLIC CONSULTATION

  • Custom designed
  • Builds positive, collaborative stakeholder relationships
  • Assists people to manage change positively by involving the stakeholders in exploring the consequences
  • Provides an opportunity to develop shared perspectives
  • Public consultation processes meet the regulatory requirements of all levels of government
  • Helps anticipate and manage public concerns before they become major conflict
  • Provides the opportunity for wise sustainable policy decisions
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TEAM BUILDING

WHAT IS TEAM BUILDING? STRENGTHENING

  • Team building focuses on helping groups to improve communication, to working together productively to reach goals, and to optimize group strengths and untapped resources.
  • The team builder examines with the participants the working culture of the individuals, the team and the larger setting within which the team operates.
  • Team building helps individuals acquire the skills necessary to work collaboratively.

BENEFITS OF TEAM BUILDING

  • Team building maximizes communication, creativity and productivity within a group.
  • Team building leads to a greater self awareness for each team member.
  • Team building leads to a greater awareness of the abilities of the other members of the group.
  • Team building is beneficial for groups working in organizations, large and small businesses and public institutions.
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WORKPLACE ASSESSMENT

WHAT IS A WORKPLACE ASSESSMENT? HELPFUL

  • Assessments focus on the needs and concerns of the management and employees in the workplace, and contain suggested courses of action based on these needs and concerns
  • A process in which an impartial third party or team conducts an assessment of the workplace to determine the sources of the poison work environment
  • An analysis of the workplace based on interviews with all relevant management and employees which solicits opinions and gives management and employees the opportunity to be heard
  • The assessors offer suggestions for change
  • The report is non binding
  • Assessors are experienced and knowledgeable about the organization's culture, policies and procedures

BENEFITS OF WORKPLACE ASSESSMENT

  • Gives people an opportunity to be heard, confidentially if that is what they want.
  • Gives people an opportunity to offer suggestions for improving the workplace.
  • An Impartial outside expert provides an overview of the sources and causes of the conflict.
  • An impartial outside expert makes recommendations which will improve the work environment
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