Friday, March 13, 2015

I'm Upset - Now What?  Alternative Dispute Resolution Could Be Your Answer


By Hal Irvin and Dale Robinson, Assistant Director for Training, Education, and Outreach, Equity and Access, Virginia Tech Department of Human Resources

Many times in our careers we've been confronted by an upset colleague or campus employee who has come to us with a story to share.  The story goes something like this:  my supervisor, co-worker, subordinate (fill in the blank) was rude, mean, bossy, condescending (fill in the blank) and I feel disrespected, hurt, frustrated, powerless (fill in the blank).  These are important conversations and we are always happy to be of help... except when we can't.

A common theme in many of these conversations is how they end.  We ask the upset person how we can help them.  Often, we discuss strategies to resolve the situation. Just as often, the person tells us they won't be satisfied until other people hear how upset they are.  

They want to file a grievance, document their concern to others, meet with more people to let them know how they have been treated.  When we ask how involving more people will resolve the problem, they aren't sure.  They aren't even sure what they want to happen to the individual who upset them. What they are sure of is that the more people know how badly they have been treated, the better.  

We find - and we have spoken to colleagues here at Virginia Tech who have similar experiences and agree with us - that the individual who has been deeply hurt by a negative interaction at work is often the hardest to help. While they sincerely believe they have been mistreated, there is generally nothing in their situation that would rise to the level of discrimination, discriminatory harassment (Policy 1025), or a violation of some other Virginia Tech policy.  As a result, it is difficult to take an informal dispute and resolve it through a formal process.

When it comes to what they want, individuals in this situation most want for you to understand just how upset they are.  And going from office to office telling their story or taking their concerns forward through a formal process doesn't usually resolve the situation or make them feel any better. The root cause of the issue is not with any of the people listening to the issue or trying to review the complaint - it is between the two people that the problem started with in the first place.  

There are more constructive approaches to take.  When a colleague upsets you at work, ask yourself what resolution you want and whether anyone outside those immediately involved could make things better.  Four practical steps generally allow you to work through the matter before sharing the issue more broadly or taking a more formal approach:
  1. After you calm down, within a day or so, reach out to the other person to suggest you’d be interested in sitting down with them to discuss your concerns about some specific event or topic and that you’d be interested in hearing their view on that topic. Hopefully, they’ll agree to meet with you.  During the meeting, explain your perspective or point of view and invite theirs. Listen carefully and acknowledge both the information and the feelings each of you share with each other.  After you have each had an opportunity to express your concerns and your feelings about the situation, talk with each other about what options might be pursued so the situation and your work relationship could be improved. If it’s possible to reach an agreement, make sure you are both clear with what each of you will do going forward.
  2. If you are not satisfied with the results of that discussion and feel the situation is serious enough, don't stop there.  Speak to the next person up in your supervisory chain and see if he or she would be willing to meet with both of you to help clear the air.
  3. If that doesn't achieve the desired result, we have an excellent mediation and conflict resolution program on campus which can bring you and the other party together to mediate the conflict.  You and the other individual would agree to participate voluntarily, come up with your own solutions (with the help of the mediator), and abide by what you agree upon. In effect, you are both responsible for resolving your own issue - with the help of a trained professional.  You can skip 2 and go directly to this step if you are uncomfortable with involving others in your organization. If you participate in mediation, no record or mention of the mediation is placed in any personnel file.
  4. Another option would be to seek some one-to-one conflict management coaching to help you develop or improve your ability to handle or manage existing or anticipated conflicts more effectively.
You are not powerless when you have a dispute in the workplace.  There are mediation and coaching resources available to help you, alternative ways to resolve disputes: http://www.hr.vt.edu/oea/conflictresolution/index.html 

Professional development workshops on conflict management are available to individuals through UOPD and the Diversity Development Institute.  Workshops for departments or work groups can also be provided directly from the Conflict Resolution Program in the Office for Equity and Access.

The next time you are upset and wondering how to work through your concerns, see if you can work through the situation informally.  Alternative dispute resolution works and you may be pleasantly surprised how effective it is.  
  
Dale Robinson, Assistant Director for Training, Education, and Outreach, can be reached at 540-231-1824 or via dbr@vt.edu.