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Alternative Dispute Resolution Shaping Your Future

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Title: Alternative Dispute Resolution Shaping Your Future


1
Alternative Dispute ResolutionShaping Your Future
  • DON HR Conference
  • San Diego, CA
  • April 2010

2
Point of Contact Information
  • DON Workplace ADR Program Manager
  • OCHR, 012
  • Mary Ryan
  • 614 Sicard Street, SE, Suite 100
  • Washington Navy Yard, DC  20374-5072
  • Work (202) 685-6482, DSN 325-6482
  • Blackberry (202) 262-9787
  • Fax (202) 685-6647
  • mary.ryan_at_navy.mil
  • Please visit www.adr.navy.mil
  • Take our No Cost, Less than One Hour, Online ADR
    Training at http//adr.navy.mil/adr/etraining.as
    p

3
Objectives
  • Learn something about how ADR/Mediation works
  • Learn something about yourself
  • Get some Conflict Management Skills

4
POP QUIZ
5
Question One Time
  • Assume that an employee in your command expresses
    dissatisfaction with his working conditions by
    filing an EEO complaint. Assume also that the
    case can and should settle. Is it a better
    business decision to
  • A. Settle voluntarily in 34 days
  • B. Settle voluntarily in 338 days or,
  • C. Spend 528 days processing an investigation,
    hearing and final agency decision that you could
    lose?

6
Question Two Conduct/Performance
  • As a supervisor you have talked to an
    unproductive employee and an employee with
    conduct concerns. Neither person changed their
    behavior to the positive. They are looking
    resentful and it gets worse every day. Would you
    rather
  • Give the employees discipline or,
  • Possibly respond to an EEO Complaint for
    harassment or
  • Quit your job or get a new one or
  • Continue to meet with each employee and hear
    their views which may go off point to discuss
    topics unrelated to the issues you want to
    resolve such as, what everyone is doing or not
    doing, or there is little or now response or all
    of above.
  • Use a DON Facilitator to guide constructive
    conversation enabling decisions to be made after
    productive discussion takes place.

7
Question Three Morale
  • An employee in your command has a burning issue
    regarding their working conditions. Will your
    employee be more likely to make positive
    contributions toward the commands mission if the
    issue is resolved using
  • A. A process wherein 73 of the participants
    leave happy, or
  • B. A process that guarantees that 50 are
    losers?

8
OPM Directors ADR Award
9
Whats Unique About DON ADR?
  • Program Administration
  • Department of the Navy Certified Mediators
  • Continuous Training at No Cost
  • ADRTracker
  • Ethical Standards
  • Website www.adr.navy.mil DONHR Portal
  • News Conference in Seattle, WA June 7-11,
    2010
  • I Need a Mediator!
  • Online ADR Training on website

10
Easy to Obtain Service
  • To arrange for a mediation, go to
  • I Need a Mediator!
  • on the ADR Program Website
  • ADR.NAVY.MIL

11
Policy
  • SECNAV Instruction 5800.13A
  • found on www.adr.navy.mil, click on SECNAV link
    on website homepage
  • CHRM 773
  • found on www.donhr.navy.mil, click on Civilian
    Human Resource Manual (CHRM)
  • Watch for the Portal Coming soon!!

12
ADR Definition
  • A process used in lieu of litigation or formal
    administrative processes.

13
Policy SECNAV 5800.13A
  • ADR techniques shall be used as an alternative to



    litigation or formal administrative procedures
    to the maximum extent practicable.

14
Policy SECNAV 5800.13A
  • The goal
  • Resolve disputes and conflicts at the earliest
    stage feasible,
  • Use the fastest and least expensive method
    possible
  • Do it at the lowest possible organizational level
    prior to litigation.

15
Policy SECNAV 5800.13A
  • Every conflict and issue in controversy,
    regardless of the subject matter, is a potential
    candidate for ADR.

16
Policy SECNAV 5800.13A
  • All personnel shall consider and encourage the
    use of ADR to resolve conflicts and issues in
    controversy.

17
When Can ADR Take Place?
  • ADR can take place at any time once a concern,
    dispute, EEO complaint or Grievance is
    identified.
  • Stages where it traditionally takes place are
  • Workplace Dispute
  • Administrative Grievance Process
  • Informal EEO Complaint
  • Formal EEO Complaint
  • EEOC by a Settlement Judge

18
Process Savings Workplace
  • Not quantified, but savings can include
  • No investigation costs
  • No witness time for preparation testimony
  • Little or no Navy attorney time
  • Less processing by the HR and EEO offices
  • Less administrative leave for complainant
  • No document production
  • No expert witness fees and reports
  • No appeals
  • Less stress
  • Less time away from the mission
  • Perhaps work relationships are restored

19
ADR Furthers Your Mission
  • Only OGC and JAG have litigation in their
    mission statements.
  • Litigation uses command resources.
  • ADR gives commands more control over resources
    expenditure.
  • ADR avoids costs, allowing resources to be
    devoted to command mission.
  • ADR Saves time and impacts morale.
  • Parties
  • Those working with the parties!

20
Earlier is Better
E x p e n s e s
Informal Formal Investigate Hearing
w/FO FAD Appeal
C o s t s A v o i d e d
21
ADR in EEO Complaints
Days
Data Sources DON FY09 Report to EEOC EEOC
Form 462
22
ADR Statistics
  • DON Assessments reveal
  • 67 of cases closed were resolved.
  • 89 of managers reported overall satisfaction
    with the process.
  • 98 reported the Mediator was professional
  • 71 of participants reported that Mediation will
    improve working relationships in my workplace!!!

23
Mediation Case Categories
  • Workplace Disputes (including peers)
  • Administrative Grievances
  • EEO Complaints
  • Negotiated Grievance Procedures
  • Unfair Labor Practices
  • Merit System Protection Board
  • Office of Special Counsel

24
Mediation vs. Other Methods
Control vested in the parties
Unassisted Partnering Conciliation
Facilitation Mediation Evaluative
Arbitration Court Negotiation
Methods
25
Roles in Mediation
  • Managers advocate for the Department of the
    Navy, not themselves.
  • Employees present their concerns and work toward
    resolution.
  • Representatives for Managers Employees provide
    assistance throughout the session(s).
  • Subject Matter Experts provide policy and
    information that may assist the parties.

26
Roles in Mediation
  • CONVENOR
  • Are All Parties Ready to Mediate in Good Faith?
  • Self Determination
  • No Conflict of Interest
  • Explain the Process
  • Interests to Positions
  • Voluntary Process (to table per Secretary of the
    Navy)
  • MEDIATOR
  • Be Prepared to Deal with Different Individual
    Issues
  • Ethics ex. Impartial
  • Facilitative Process
  • Voluntary Process (Staying at the table for all)
  • Roles Responsibilities, Mediation Process,
    Admin Matters

27
Who are the Conveners?
  • Conveners are trained to schedule mediations and
    work to possibly resolve the situation before
    mediation takes place.
  • Conveners use ADRTracker and its Autodocs feature
    to schedule mediations as well as generate
    letters and forms for the participants.
  • Conveners work with multiple schedules to arrange
    for the mediation.
  • Conveners come from HRSCs and HROs primarily.

28
DON Mediator Certification
  • Not just a certificate of training
  • Tier I 20 Hrs Basic Training in Mediation
  • Tier II - 16-20 Hrs Advanced Training in
    Mediation
  • Tier III - Candidate Evaluation in 45 Skills
  • Tier IV - 3 Mediations with Mentor Evaluation

29
Continuous Training
  • Certification last 24 months
  • Recertification requires practicing mediation and
    16 hrs of continuing education
  • 12 hours of ADA/Rehab Mediation training
  • 4 hours of Mediator Ethics
  • DON ADR Program IDIQ Contract provides tailored
    task orders to HRSCs to provide basic and
    continuing ADR training.

30
Ethics of Practice
  • DON Certified Mediators adhere to an ethical
    standard similar to those adopted by the ABA, ACR
    and AAA
  • Core principle of self-determination

31
A Mediators Role
  • Not acting as a judge
  • Promotes self-determination
  • Raise issues
  • Define problems
  • Facilitates communication

32
Communication Skills
  • Neutral - Impartial
  • Body Language
  • Active Listening
  • Paraphrasing
  • Reframing/Lift the Language
  • Validating/Reflect Feeling
  • Effective Silence
  • Facilitative Approach
  • Balance Conversation between the Parties
  • Ethical Behavior
  • Articulate

33
Don Mediation Model
  • Roles and Responsibilities of explained
  • Impartial No stake in the outcome.
  • Confidential Mediator
  • Exceptions - Fraud, Waste, Abuse, Threats of
    Physical Harm, Security Compromises
  • Mediator will not willingly testify /-
  • Participants dont waive any rights if the case
    does not resolve.

34
DON Mediation Model
  • The Mediation Process is described
  • Mediators Opening Comments
  • Parties Opening Comments
  • Summarize the Issues on Chart Paper
  • Joint Discussion
  • Caucus (private meeting possibly confidential)
  • Private meeting with each party at least once
  • Confidential Opportunity if party wants something
    not shared
  • Caucus is where options are first discussed
  • Reconvene and Assess Proposals
  • Agreement - parties determine
  • Closure

35
DON Mediation Model
  • Do Administrative Paperwork
  • Consent to Mediate Form (all sign)
  • Addendum to the Consent to Mediate Mediator Bio
    (all sign)
  • Explain Assessments at end of mediation
  • while copies of above forms are made
  • Commend Participants
  • Then the mediation begins

36
Participants in a Mediation?
  • Who may attend
  • Anyone parties agree attend
  • Mediator
  • Person with issues
  • Person responding who may have issues as well
  • Representative of Union
  • Party Representatives
  • LR/ER Specialist
  • Attorney
  • Family or Friend
  • Union
  • Who may not attend
  • Anyone parties disagree
  • To have present at the table
  • Trainees from HR, EEO, OGC
  • Observers
  • If in doubt, check with your ADR Coordinator or
    the mediator.

37
Preparation
  • Come with an open mind good faith
  • Do research with Subject Matter Experts
  • Think interests not positions
  • An employee requests 300,000 dont be put off.
    This is an expression of anger - rarely
    expectation if s/he does research.
  • Be prepared to share your perspective
  • Be prepared to ask for your interests
  • If you are responding to an EEO complaint, and
    the employees conduct needed adjustment,
    mediation is a time to discuss it.
  • Think of multiple solutions to offer for
    discussion

38
How is Behavior Displayed?
  • THOMAS KILMAN INSTRUMENT
  • Competing
  • Compromising/Cooperating
  • Accommodating
  • Avoiding

39
How is Behavior Displayed?
  • WORKING STYLES
  • Analytical Measure Work by the Degree of
    Precision, Accuracy and Activity
  • Driver Measure Personal Worth by the Results
    They Achieve
  • Amiable Measure Compatibility with Others
  • Expressive Measure Recognition and
    Acknowledgement or Complaints They Receive

40
Background Discussion
  • People find themselves in deliberate or unplanned
    conflicts throughout their career.
  • Outside the office experience impacts the day to
    day work.
  • People come to work with different values and
    expectations.
  • People hear things from their own point of view.
  • Conduct and Performance issues create conflicts.
  • People need help from time to time.

41
Share the Wisdom
  • Speak when you are angryand you will make the
    best speech you will ever regret.
  • Laurence J. Peter, Author

42
How Are You Evaluated?
  • Which one is measured by 50 in the first 30
    seconds of communication?
  • Competence and Expertise
  • Dedication and Commitment
  • Honesty and Openness
  • Caring and Empathy

43
How Many Boxes?
44
Giving Generations Feedback
  • Veterans No News is Good News
  • Baby Boomers Once a year with a lot of
    documentation
  • Gen - X Sorry to interrupt but how am I doing?
  • Gen Y Feedback is available at the push of a
    button

45
Share the Wisdom
  • A Assess the situation
  • C - Clarify the issues
  • E Evaluate alternative approaches
  • S - Solve the problem
  • Peg Pickering
  • How to Manage Conflict

46
Stop!
  • Do ask for more information
  • Conflicted people may initially share the last
    straw not real issue
  • Your tested! Angry people want to know is it
    safe to share issues
  • Do you have the full pictureif not it may be a
    trick
  • Do watch for signs Body Language and Voice Tone
  • Do ask questionskeeps you calm and you get info

47
Look!
  • What signs are you giving the conflicted person?
  • Body Language big eyes, furrowed brow, pursed
    lips
  • Voice Tone
  • loud, strained, sarcastic, condescending
  • What have you done to contribute to this
    situation(s)?
  • Are you involved or just the person who came by
    at a bad moment?
  • Is the conflicted behavior a one time, occasional
    or regular event?

48
Listen!
  • Reframe what you heard What I heard you say
  • Is the person playing fair? Consider this
  • Changing the subject is a tactic
  • Some people just want to create conflict
  • What is important to the person?
  • What does the person want changed?
  • How do they suggest the situation get resolved?

49
Coping in the Workplace
  • What reaction does the conflicted person expect
    from you?
  • Do you fall into these categories
  • Beg, cajole, threaten, demand?
  • They put you on the same level as the conflicted
    one!
  • Dont give in to themchange your behaviorthat
    is the only way to get them to change their
    treatment of you!

50
Coping in the Workplace
  • Surprise the person Agree with them!
  • Agree on feelingnot necessarily the facts!
  • Validation shows respect for the person cure for
    the angry person!
  • Ask what the person needs? Talk or Action?
  • I hear a lot of emotion, do you want to talk
    about it? What do you need?

51
Share the Wisdom
  • Of course you can always take these words to
    heart!
  • Never get angry.
  • Never make a threat.
  • Reason with people.
  • Mario Puzo
    (1920-1999)
  • The Godfather

52
Share the Wisdom
  • Holding on to anger, resentment and hurt only
    gives you
  • tense muscles,
  • a headache and
  • a sore jaw from clenching your teeth.
  • Forgiveness gives you back the laughter and the
    lightness in your life.
  • Joan Lunden
  • Healthy Living Magazine

53
Getting In and Out of Anger
  • Hurt/Fear Develops
  • Hurt/Fear turns to Anger
  • Anger turns to Depression
  • Wind it back.Depression to Anger and Anger to
    Hurt/Fear
  • Anger
  • Depression

54
Emotions
  • Emotional Progressions 
  • Anger
  •   Irritable, Annoyed, Frustrated, Upset, Angry,
    Furious, Enraged
  •  Fear
  •   Attentive, Apprehensive, Nervous, Worried,
    Fearful, Panicked 

55
Emotions
  • WHY DEAL WITH EMOTIONS?
  • Based on Interest Based Bargaining Technique
  • Separate the People from the Problem.
  • The Person/People Must Separate Themselves from
    the Emotion to See the Real Issues at Hand!

56
INTEREST BASED CONVERSATIONS
SEPARATE THE PEOPLE FROM THE PROBLEM Be soft on
the people and hard on the problem FOCUS OF
INTERESTS, NOT POSITIONS When positions look
incompatible, look at interests. GENERATE
OPTIONS FOR MUTUAL GAIN Work for an APPROPRIATE
solution. ASSURE A FAIR PROCESS Process is just
as important as outcome. PRACTICE DIRECT
COMMUNICATION Talk with the person, not about
him/her.
57
Share the Wisdom
  • Anger makes you smaller,
  • while forgiveness forces you to
    grow beyond what you were.
  • Cherie
    Carter-Scott
  • If Love Is a Game, These Are the Rules

58
Emotions
  • LISTEN
  • What do People Say about
  • Themselves 
  • Their Performance 
  • Their Concerns
  • The Organization

59
Emotions
  • ASK
  • How are the emotions influencing thoughts?
  • Why are they feeling this way? 
  • How will feelings changes as events unfold? 
  • How can you help a person lessen this
    progression?
  •  

60
Emotions
  • ASK
  • What Can Be Done?
  • How Can It Be Done?
  • Who Can Do What? 
  • Reality Test with How Would the Other Party
  • Respond to these Answers and Why?

61
Emotions
  • LISTEN (Do Not Reload)
  • Empathize (Relaxed Alertness)
  • Respect To Look Again
  • Ask New Questions Get New Information
  • Pay Attention to Body Language
  • THINK TOGETHER

62
Behavior Perceptions
  • Who said this
  • The children now love luxury.
  • They have bad manners,
  • Contempt for authority,
  • they show disrespect for adults and
  • love to talk rather than work or exercise.
  • They no longer rise when adults enter the room.
  • They contradict their parents, chatter in front
    of company,
  • gobble down their food at the table and
    intimidate their teachers
  • S________

63
Emotions
  • EVERYONE HEARS THINGS UNIQUELY
  • Perceptions
  • Personal/Family/Life Experiences
  • Mental Noise
  • Physical Comfort
  • Sleep Hunger/Thirst
  • Temperature Pit Stop

64
Where People Divide
  • Relationships Data
  • Structural Values
  • Interests Resources

65
Explosions
  • CREATED BY
  • Triggering Events
  • Underlying Events

66
Emotional Benefit
  • SAVE FACE
  • What does it mean?
  • Why is it important?

67
Share the Wisdom
  • COMPASSION
  • If you knew the secret history of those you
    would like to punish, you would find a sorrow and
    suffering enough to disarm all your hostility.
  • Longfellow

68
Techniques
  • Save Face
  • Get the people together and talk about it
  • Mental Noisehow that stops communication
  • Waving the magic wandto generate a brainstorm
  • Keep away from only one solution.
  • Dont jump to solutions too quickly.
  • What have others done in similar situations?
  • Power of Apology what does that really mean?

69
Questions
  • OPEN
  • How are career opportunities determined in your
    workplace?
  • What would help you do a better job at work?
  • Will you help me understand, why is that
    important to you?
  • CLOSED
  • Do you want to do a good job
  • Are you helping the situation?
  • Did you harass the person?
  • Having heard this information, are you ready to
    reach resolution?

70
Questions?
  • Thanks for your attention!
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