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especially as a manager,
00:00:08
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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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
00:00:40
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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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
00:01:16
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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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
00:01:39
choose arbitration because the negotiation ended in a stalemate.
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Despite discussions and attempts at mediation,
00:01:47
no satisfactory solution has been found.
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This is how justice works.
00:01:52
Before the public prosecutor's office,
00:01:54
the judge is asked to be an arbitrator to decide.
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What are the disadvantages of arbitration?
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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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our courts nowadays are clogged with
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situations that discussion and mediation have not
00:02:23
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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arbitration may be the fairest solution.
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Another disadvantage of arbitration is
00:02:43
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
00:03:32
because they have just followed
00:03:34
the interests of the company.
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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
00:03:45
to apply his or her decision
00:03:48
and that the application is followed up.
00:03:52
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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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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I wanted to meet with you about the difficulties that
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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?
00:04:40
The protagonist Claudia will then be able to express her vision of the facts,
00:04:44
the reasons that made her act this way,
00:04:47
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
00:04:56
understand the situation as seen through Claudia's eyes.
00:05:01
the arbitrator will come to the question,
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what do you suggest?
00:05:06
What do you propose to get out of the conflict in the short term?
00:05:11
What do you propose to prevent the contentious situation
00:05:14
from reoccurring in the medium
00:05:17
Claudia should propose one or ideally 3 options for solutions.
00:05:24
the arbitrator will be able to move forward.
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thank you for these proposals.
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I will receive your colleague to collect their analysis and proposals,
00:05:34
and then I will see you together.
00:05:37
In this first step,
00:05:38
the arbitrator will listen exhaustively
00:05:40
without accusing and without dramatising.
00:05:43
This active listening will help to bring down the tension.
00:05:48
After the two individual interviews,
00:05:51
the arbitrator may
00:05:52
reflect on the proposed solutions,
00:05:55
seek more information from the parties or outside if necessary,
00:06:03
the collective meeting.
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The arbitrators shall receive the parties together
00:06:08
and notify them of their decision.
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Both of you have proposed short and medium term solutions to me,
00:06:15
and I thank you for that.
00:06:16
Your proposals show your involvement and your desire to get out of the conflict.
00:06:21
This is what I have decided,
00:06:23
in the short term,
00:06:24
we are going to.
00:06:26
In the long term we will.
00:06:29
The arbitrator will decide in a brief and firm manner without looking back,
00:06:34
without justifying his or her decisions.
00:06:37
They will remain focused on the future in the short and the long term.
00:06:43
The arbitrator will ensure that the parties validate and commit
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to the decisions.
00:06:48
They will ensure that they have the capacity
00:06:51
and flexibility to act in the desired direction.
00:06:55
An agenda and follow up on the implementation of the decisions will be set.
00:07:01
I propose that we meet again within 72 hours
00:07:04
to validate the right way forward and thank you in advance for your action.
00:07:09
If the arbitrator is the manager,
00:07:11
then the monitoring will be part of their managerial functions.
00:07:15
To conclude this video,
00:07:17
here is an example of the use of arbitration in companies.
00:07:21
The Swiss bank Picte,
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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.
00:07:35
Rather than asking direct managers to be arbitrators,
00:07:38
it hired an arbitrator to manage internal
00:07:41
conflicts with the greatest neutrality and professionalism.
00:07:46
And to ensure respect for the company's values,
00:07:55
This arbitrator can be called upon when necessary by employees.
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They have full powers of investigation.
00:08:02
They are not accountable to anyone except the CEO.
00:08:07
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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the arbitrator is the guarantor of the values
00:08:21
and collaborative principles adopted within the company.
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