Arbitrating the conflict Tutorial

Unlock the secrets of conflict resolution in "Arbitrating the Conflict"! This insightful video explores the crucial role of managers in transforming disputes into growth opportunities. Learn about the pros and cons of arbitration, key steps for success, and real-life examples. Empower yourself with assertiveness and courage to handle workplace conflicts effectively!

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especially as a manager,

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requires

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a true sense of listening,

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taking a step back and the ability to make a decision

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while keeping the conflicting parties motivated.

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In short,

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conflict arbitration is one of the major roles of the manager

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when pure mediation is not considered or conceivable.

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The manager will be able to turn conflict into an opportunity to

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make the teams grow and bring better results in the company.

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In this video we will see the advantages and disadvantages of

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arbitration and the main steps of a successful arbitration process.

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What are the advantages of arbitration?

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Arbitration is a faster way than mediation to find a solution.

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An arbitrator decides and imposes the decision on the parties involved.

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For the decision to be ratified and followed,

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the parties must,

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of course,

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be willing to accept the arbitrator's decision.

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The legitimacy of the arbitrator in the eyes

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of the concerned parties is therefore essential.

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The hierarchical position is sometimes sufficient to

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give the arbitrator the necessary authority.

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The arbitrator in this case will be able to make the company's interests prevail.

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To decide

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not to find what is best for both parties,

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but to decide for a solution that best

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serves the interests and values of the company.

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The company or the parties in conflict may also

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choose arbitration because the negotiation ended in a stalemate.

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Despite discussions and attempts at mediation,

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no satisfactory solution has been found.

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This is how justice works.

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Before the public prosecutor's office,

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the judge is asked to be an arbitrator to decide.

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What are the disadvantages of arbitration?

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First of all,

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arbitration is disempowering.

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It's a bit like asking mum and dad to decide because the adults in conflict have not

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been able to reach an agreement and find a

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solution that represent the interests of each one.

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Unfortunately,

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our courts nowadays are clogged with

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situations that discussion and mediation have not

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resolved by lack of maturity on the part of one or two parties.

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All it takes is one party who refuses discussion

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and mediation for the conflict to reach an impasse.

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In this case,

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yes,

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arbitration may be the fairest solution.

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Another disadvantage of arbitration is

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the resulting disempowerment and demotivation.

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One notices that there is more motivation to

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implement a decision that one has taken oneself,

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even if it is not optimal,

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than a decision that has been imposed on us by a third party.

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If the arbitrator does not have the full endorsement of one or both parties,

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the motivation will decrease even more.

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The parties may consider that the arbitrator is

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not neutral either because there is favouritism or

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because he or she is a stakeholder in the situation as a manager undoubtedly is.

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Sometimes parties may turn against the manager and the company

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because the manager has made a decision without

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taking into account the interests of the people

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because they have just followed

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the interests of the company.

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In short,

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in the event of an appeal to an arbitrator,

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it will really be necessary to make sure

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that the parties are motivated

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to apply his or her decision

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and that the application is followed up.

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3,

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what is the process of an arbitration?

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A good arbitration has many points in common

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with mediation and requires listening and non-judgmental skills.

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First,

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the arbitrator will meet separately with the parties in conflict.

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The purpose of the individual meeting is to gather information

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to make the best decision,

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allow people to vent their grievances and emotions,

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not in front of each other,

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make them think separately about a solution.

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Here is a possible introduction.

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Hello Claudia,

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I wanted to meet with you about the difficulties that

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you refused to,

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and this is what happened.

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I need to understand why,

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or can you explain to me what happened?

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The protagonist Claudia will then be able to express her vision of the facts,

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the reasons that made her act this way,

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and she will dump her emotions if necessary.

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During these 1 to 1 meetings,

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the arbitrator will question and rephrase so that they

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understand the situation as seen through Claudia's eyes.

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Then

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the arbitrator will come to the question,

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Claudia,

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what do you suggest?

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What do you propose to get out of the conflict in the short term?

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What do you propose to prevent the contentious situation

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from reoccurring in the medium

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and long term?

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Claudia should propose one or ideally 3 options for solutions.

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Finally,

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the arbitrator will be able to move forward.

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OK,

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thank you for these proposals.

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I will receive your colleague to collect their analysis and proposals,

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and then I will see you together.

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In this first step,

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the arbitrator will listen exhaustively

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without accusing and without dramatising.

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This active listening will help to bring down the tension.

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After the two individual interviews,

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the arbitrator may

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reflect on the proposed solutions,

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seek more information from the parties or outside if necessary,

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and finally

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take a stand.

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Second step,

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the collective meeting.

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The arbitrators shall receive the parties together

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and notify them of their decision.

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Both of you have proposed short and medium term solutions to me,

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and I thank you for that.

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Your proposals show your involvement and your desire to get out of the conflict.

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This is what I have decided,

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in the short term,

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we are going to.

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In the long term we will.

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The arbitrator will decide in a brief and firm manner without looking back,

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without justifying his or her decisions.

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They will remain focused on the future in the short and the long term.

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The arbitrator will ensure that the parties validate and commit

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to the decisions.

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They will ensure that they have the capacity

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and flexibility to act in the desired direction.

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An agenda and follow up on the implementation of the decisions will be set.

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I propose that we meet again within 72 hours

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to validate the right way forward and thank you in advance for your action.

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If the arbitrator is the manager,

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then the monitoring will be part of their managerial functions.

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To conclude this video,

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here is an example of the use of arbitration in companies.

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The Swiss bank Picte,

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founded in 1805

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with a staff of approximately 2000,

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sought to be as neutral as possible in the

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management of conflicts and disagreements between its employees.

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Rather than asking direct managers to be arbitrators,

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it hired an arbitrator to manage internal

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conflicts with the greatest neutrality and professionalism.

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And to ensure respect for the company's values,

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independence,

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excellence,

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integrity,

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and respect.

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This arbitrator can be called upon when necessary by employees.

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They have full powers of investigation.

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They are not accountable to anyone except the CEO.

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Not only does this arbitrator have the power to settle disputes,

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but also to sanction employees and even to dismiss a manager from their position.

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Above all,

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the arbitrator is the guarantor of the values

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and collaborative principles adopted within the company.

Mandarine AI: WHAT YOU SHOULD KNOW