Conflicts are inevitable. It is therefore expedient, before they occur, to have a plan, a strategy for resolving them in a way that minimizes business disruptions, saves both money and time; especially, executive time. The strategy should include preservation of relationships and reputation, both personal and corporate. Such a plan and strategy are no longer mere options. They are an essential element in an organization’s corporate toolkit, as they impact the “bottom-line”, thus guaranteeing increasing sustainable value to the organization.
This contemplates the internal disciplinary process. Even the “Fair Hearing”/”Due Process” platforms tend to be more like mini courts or tribunals. They, like external courts and arbitration tribunals, are adversarial methods of dispute resolution. In both cases, enemies are made, underlying interests are ignored or not given enough recognition, and the reputation of company and individual staff are damaged. The executive and other time spent, attorney and court costs, soon either add to costs or chip away any savings, making a negative impact on the “bottom-line”. A little pre- and post-resolution audit will easily prove this. Our proposition therefore is that many more companies should embrace and adopt mediation and related conciliatory methods of managing and resolving their disputes, both internal and external. Companies and individuals will derive greater benefits when they have incorporated mediation into their dispute resolution culture, lifestyle, and mindset.
Important tools for incorporating this culture and mindset include: i) establishing a coherent policy and procedure for the management of internal and external conflicts; ii) a proper administrative policy for contracts and external relations, particularly but not limited to recognition of mutuality and the adoption of a “win-win” mindset; iii) clear guidelines, values, and boundaries for inter-personal communications, relationships and interactions in-house: and iv) guidelines, values, and boundaries, for external communications, relationships and interaction. The foregoing is not by any means an exhaustive list. But, in all cases, great emphasis would be placed on appropriate (and inappropriate) language and behaviour, self-respect, respect for others, and a recognition of diversity while upholding mutuality as a fundamental corporate ethic.
Culture? Yes, indeed! Mediation should be adopted not just as a dispute resolution process. Management should encourage embracing it as a lifestyle and gold standard. As HSE has become, especially in the Oil and Gas industry. Companies and organizations think not only of having a robust HSE policy but of maintaining an HSE culture. “Think Safety first, always!”. In the same way, it is our proposition that Mediation, or a mediatory mindset, must become the norm and culture of the corporate organization, and not just be a matter of policy and procedure. These views may come across as daring or impracticable, or both. TDSH would love to hear what you think. Visit the writer’s blogsite at www.mediatoryemi.blog.