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Author: Bedar Hasan

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Conflict resolution

How Financial Dispute Resolution Can Help You Avoid Lengthy Court Battles

financial dispute resolution

Financial disputes are an unfortunate reality of modern life, whether you are dealing with a personal financial issue, a business conflict, or even family matters. These disputes can cause significant stress, damage relationships, and waste time. However, one of the most effective ways to resolve such conflicts without resorting to prolonged court battles is through financial dispute resolution.

financial dispute resolution

What is Financial Dispute Resolution?

Financial dispute resolution is an alternative method of resolving conflicts, especially those involving financial issues, without needing formal litigation. This process usually has mediation, negotiation, or arbitration, where an impartial third party helps the conflicting parties come to a mutually agreeable solution. It can be used for various types of financial disputes, from disagreements over loans, debts, and contracts to issues in family law, such as division of assets.

The beauty of financial dispute resolution is that it offers a more flexible, cost-effective, and timely alternative to going to court. Rather than waiting months or even years for a court date and enduring the emotional and financial toll of a lawsuit, parties can come together in a structured yet informal setting to reach a solution that works for everyone involved.

Benefits of Financial Dispute Resolution

1. Speed and Efficiency

One of the most significant advantages of financial dispute resolution is that it can save you plenty of time. Court cases often drag on for months or even years, depending on the complexity of the case and the backlog of the legal system. Court hearings can be postponed, and numerous legal procedures can delay the resolution of your issue.

On the other hand, financial dispute resolution is typically much faster. Mediation or arbitration sessions can take just a few hours or days, depending on the dispute’s nature. The process is streamlined and designed to move forward efficiently, helping you resolve quickly.

2. Cost-Effective Solution

Litigation is expensive. Between lawyer fees, court costs, and the potential for a drawn-out trial, the costs can quickly escalate. These expenses can be a significant burden, especially if you’re already dealing with financial stress due to the dispute.

Financial dispute resolution, however, is generally much more affordable. Since the process is less formal and does not involve the extensive legal procedures of court, the associated costs are typically lower. Even if you choose to involve legal professionals, mediation or arbitration is far more cost-effective than a lengthy court battle.

3. Confidentiality

Another advantage of financial dispute resolution is that it is usually a confidential process. In contrast to court cases, which are public records, financial dispute resolution sessions are private. This means that sensitive financial matters, personal details, or business practices do not become a matter of public record. Confidentiality can be crucial for individuals or businesses that want to avoid the reputational damage resulting from a public legal battle.

4. Control and Flexibility

In a court case, the outcome is entirely in the hands of the judge or jury. This can be frustrating for the parties involved, as they may feel that the decision does not reflect their interests or needs. With financial dispute resolution, however, the parties retain much more control over the process. Mediation, for instance, is an entirely voluntary process, and both parties can agree to a solution that works for them, rather than having one imposed by a court.

Moreover, the process is far more flexible. You and the other party can work with the mediator to set the terms of the process, the timeframes, and the type of resolution that suits you both. This collaborative approach is often less confrontational and allows for creative solutions that may not be possible in a courtroom setting.

5. Preservation of Relationships

Disputes—especially financial disputes—can cause significant strain on relationships, whether personal or professional. Litigation can intensify these tensions, as the adversarial nature of court proceedings often leads to a win-lose scenario. After a drawn-out court battle, even if you “win,” the relationship between the parties involved may be irreparably damaged.

Financial dispute resolution, however, focuses on collaboration and communication. The aim is to reach a solution that satisfies everyone involved rather than to “win” at the other party’s expense. This makes it a much better option for preserving relationships, whether you’re dealing with a business partner, a family member, or another individual. It fosters cooperation rather than conflict, which can be crucial in maintaining positive future interactions.

financial dispute resolution

Financial Dispute Resolution in Practice

Consider a practical example: imagine you are a business owner, and you’ve encountered a conflict with a supplier over unpaid invoices. The supplier may be unwilling or unable to pay, and tensions are high. Instead of filing a lawsuit and waiting months for a trial, you decide to pursue financial dispute resolution.

You engage a mediator who is skilled in business disputes. The mediator brings you and the supplier together and helps both parties express their concerns, clarify the issues, and explore potential solutions. Through this process, you might agree on a payment plan that satisfies both parties, avoiding the need for a lengthy court battle and preserving your professional relationship with the supplier.

Similarly, in a family setting, financial dispute resolution can be incredibly beneficial. When going through a divorce, for example, financial matters like asset division, alimony, or child support can often lead to heated disputes. By choosing financial dispute resolution, both parties can address these issues in a less adversarial manner, which not only saves time and money but also helps keep the peace in what can already be an emotionally challenging situation.

financial dispute resolution

Why Choose Professional Mediation Services?

While financial dispute resolution is simple, finding a mediator who can effectively guide you through the process can make all the difference. That’s where a trusted mediation service like Investigation and Mediation can help. Their professional mediators have experience resolving many financial disputes, ensuring the process is handled with care, efficiency, and expertise.

At Investigation and Mediation, you will find a team of experienced mediators, committed to providing impartial, fair, and confidential assistance. They understand the sensitive nature of financial disputes and work hard to ensure that all parties feel heard and respected during the resolution process. Choosing a professional mediation service can significantly improve the chances of a successful outcome. Mediators at Investigation and Mediation are skilled at facilitating communication, managing conflict, and helping parties find practical solutions acceptable to everyone involved. Whether you’re facing a complex financial disagreement in business or a more personal matter, their team is ready to guide you toward a resolution that prevents the need for costly and time-consuming court battles.

Conclusion

Financial disputes can be overwhelming, but they don’t have to lead to lengthy, expensive court proceedings. Financial dispute resolution offers a viable alternative that is faster, more cost-effective, and less stressful. By resolving disputes through mediation, arbitration, or negotiation, you can avoid the pitfalls of litigation while preserving valuable relationships. If you are dealing with a financial dispute and want a resolution that works for you, consider working with a professional mediation service like Investigation and Mediation. With the right support, you can resolve your financial disputes in a way that saves time, money, and emotional energy helping you move forward with peace of mind.

 

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Dispute Resolution Family dispute resolution

How family dispute resolution can help you navigate divorce without going to court

Family dispute resolution

Divorce is never easy. It’s a deeply emotional and often stressful time, filled with uncertainty about the future. When a marriage ends, it’s not just about signing legal documents, it’s about untangling years of shared lives, responsibilities, and emotions. While many couples assume that court is the only way to settle their differences, there is a more compassionate, cost-effective, and efficient way to handle separation known as Family Dispute Resolution (FDR).

Family Dispute Resolution is a structured mediation process that helps separate couples resolve conflicts and reach agreements. These agreements can include parenting arrangements, property division, and financial support. This method focuses on cooperation, communication, and mutually beneficial solutions, making it an ideal alternative for those who want to move forward with less conflict and more clarity.

If you’re currently facing a divorce or separation and want a more respectful resolution, professional mediators at Investigation and Mediation can help guide you.

Family dispute resolution

Why avoid court?

Most people envision divorce as a heated courtroom battle, where each side fights to “win”. However, court proceedings are often long, expensive, and emotionally draining for everyone involved.

Here’s why many couples are now opting for Family Dispute Resolution instead of litigation.

Cost-effective

Legal fees for court cases can quickly escalate into tens of thousands of dollars. In contrast, Family Dispute Resolution is significantly more affordable, allowing couples to allocate their resources toward rebuilding their lives rather than funding lengthy legal battles.

Faster resolution

Court cases can take months or even years to conclude, prolonging stress and uncertainty. FDR, on the other hand, allows couples to resolve disputes in a matter of weeks.

Less stress & emotional strain

The adversarial nature of the court can intensify conflicts, causing even more emotional pain. Family Dispute Resolution fosters open communication and understanding, helping couples find common ground rather than deepening resentments.

More control over the outcome

When a judge decides the terms of a divorce, you have little control over the outcome. Mediation gives couples the power to negotiate agreements that work best for their unique situation, rather than leaving their fate in the hands of the court.

Better for children

Divorce is particularly tough on children. Prolonged legal battles can create a hostile environment, making co-parenting even more challenging. Family Dispute Resolution prioritizes the well-being of children, helping parents create a stable and cooperative co-parenting plan.

Family dispute resolution

How does family dispute resolution work?

Family Dispute Resolution is a structured and legally recognized process facilitated by a trained mediator. Here’s what to expect.

Initial consultation

The process begins with an individual session where a mediator assesses your situation, listens to your concerns, and ensures that FDR is suitable for your case. If domestic violence or coercion is present, alternative arrangements may be necessary.

Joint mediation sessions

Both parties meet in a neutral and structured environment to discuss key issues such as parenting plans, property division, and financial matters. The mediator facilitates constructive discussions, encourages cooperation, and ensures both voices are heard.

Reaching an agreement

Once both parties agree on terms, the mediator drafts a written agreement, which can be formalized into a parenting plan or consent orders through the court, ensuring legal enforceability.

Moving forward

With a clear agreement, both parties can move forward with less stress, focusing on rebuilding their lives, and maintaining a positive co-parenting relationship (if applicable).

Key areas that family dispute resolution can help with

Parenting Arrangements & Child Custody

One of the most challenging aspects of separation is deciding how to co-parent effectively. FDR helps parents:

  • Develop fair and practical parenting schedules
  • Establish guidelines for communication and decision-making
  • Prioritize the best interests of the children
  • Reduce conflict and promote healthy co-parenting relationships

Property & financial settlements

Dividing assets can be a major source of contention. Mediation allows couples to:

  • Fairly distribute property, savings, and debts
  • Discuss financial support arrangements
  • Avoid the financial strain of lengthy court battles

Spousal & child support agreements

Disagreements over financial support can prolong divorce proceedings. FDR provides a neutral ground to discuss and agree on:

  • Child support payments based on financial capacity and children’s needs
  • Spousal maintenance arrangements
  • Ongoing financial responsibilities post-divorce

Why choose a professional mediator?

Choosing the right mediator is crucial to a successful resolution. At Investigation and Mediation, experienced professionals guide separating couples through the mediation process with compassion, expertise, and a focus on achieving fair outcomes.

Here’s how a professional mediator can make a difference:

  • Ensures fair & balanced discussions – Prevents one party from dominating the conversation.
  • Reduces conflict & emotional stress – Encourages calm and constructive dialogue.
  • Provides legal information – While mediators don’t offer legal advice, they provide crucial information to help parties make informed decisions.
  • Maintains neutrality – Acts as an impartial third party to help reach fair agreements.
Family dispute resolution

Is family dispute resolution right for you?

FDR is ideal for couples willing to engage in open discussions and work towards mutually beneficial solutions. However, it may not be suitable in cases of severe domestic violence, coercion, or where one party refuses to negotiate in good faith.

If you’re unsure whether Family Dispute Resolution is the right path for you, consulting with professionals at Investigation and Mediation can provide clarity and guidance on the best course of action.

Final thoughts

Divorce is a life-altering event, but it doesn’t have to be a battle. Family Dispute Resolution offers a respectful, cost-effective, and child-focused alternative to court, allowing separating couples to reach agreements that benefit everyone involved.

By choosing mediation over litigation, you can navigate divorce with less stress, reduced costs, and more control over your future. If you’re going through a separation and need professional support, Investigation and Mediation can help guide you through the process with compassion and expertise.

Your future doesn’t have to be defined by conflict—choose Family Dispute Resolution and take the first step toward a smoother, more peaceful transition.

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Uncategorized

The benefits of alternative dispute resolution over traditional litigation

Alternative dispute resolution

When conflicts pop up in our lives—whether at work, home or even among friends—it can feel overwhelming to think about heading straight to the courtroom. Fortunately, there’s a gentler, more collaborative path called alternative dispute resolution (ADR). ADR helps you save money and time but also keeps relationships intact. Let’s dive into what ADR is all about and why it might be better than traditional litigation.

What is alternative dispute resolution?

Imagine having a space where you and the other party in a dispute can sit down face-to-face, share your sides of the story, and work together toward a solution—without the formalities and pressure of a courtroom. That’s the essence of alternative dispute resolution. Instead of letting a judge or jury decide your fate, ADR puts you in the driver’s seat. Whether through mediation, arbitration, or negotiation, you work with a neutral third party who helps you hash out a deal that suits everyone involved.

This approach feels more personal and respectful. It encourages honest dialogue and creative solutions tailored to your unique situation. And let’s be honest—sometimes a conversation can clear things up much faster than a long, drawn-out court battle.

Alternative dispute resolution

The benefits of alternative dispute resolution

Saving money where it counts

Litigation can be incredibly expensive. The high fees of legal professionals, combined with mounting administrative and court costs, can strain your wallet. Alternative dispute resolution often comes with a much lighter price tag. With fewer formalities and quicker processes, ADR lets you spend less on legal fees and avoid the extra costs.

Take mediation, for instance. Instead of engaging in a costly trial, you can work with a mediator to find common ground. This cuts down on expenses and lets you redirect those saved resources into more positive, productive ventures in your life.

Getting to resolution faster

Time is precious, and dragging a dispute through the slow wheels of the traditional legal system can take months or even years to resolve. With ADR, the process is streamlined, meaning you can often settle disputes in just a few weeks. This quick turnaround relieves the stress that comes with uncertainty and helps you get back to what matters in your personal or professional life.

Imagine being able to resolve a conflict and move forward without waiting around for a court date that might be months down the line. That’s one of the real benefits of alternative dispute resolution. It respects your time and gets you back on track faster.

Flexibility and taking control

One of the best parts about ADR is that it offers a lot of flexibility. Traditional court proceedings follow strict rules and schedules, limiting the solutions you explore. In contrast, ADR allows you to tailor the process to fit your needs. You and the other party get to decide how the conversation goes and even what issues you focus on, giving you much more control over the outcome.

This cooperative approach makes the process feel less intimidating. When you’re part of the solution-building process, the final agreement often feels more fair and balanced.

Keeping things confidential and preserving relationships

Privacy is another major plus with alternative dispute resolution. Court cases can become public records, which isn’t ideal when dealing with sensitive personal or business issues. ADR sessions, however, are usually private, keeping the details of your dispute and the eventual resolution confidential.

This confidentiality is invaluable, especially in disputes that involve close personal relationships or business matters where reputation matters. By avoiding the adversarial nature of a courtroom, ADR helps keep bridges intact. It’s about finding a peaceful resolution that respects everyone’s dignity and privacy, allowing you to maintain important relationships even after a disagreement.

Alternative dispute resolution
Expert guidance when you need it

Navigating a dispute can be stressful, and having the right support makes all the difference. This is where a trusted partner like Investigation and Mediation comes in. We are experts in alternative dispute resolution and offer services from mediation to arbitration designed to help you reach a fair and efficient resolution.

Our team understands that every conflict is unique. With a warm, approachable attitude and deep expertise, we work with you to find solutions that address the heart of the matter while keeping your best interests at the forefront. Whether it’s a complex business dispute or a personal matter, knowing you have professionals by your side can turn a stressful situation into an opportunity for growth and understanding.

Wrapping it up

Choosing alternative dispute resolution over traditional litigation can be a game-changer. It’s not just about cutting costs or saving time, it’s about taking control of your situation, preserving valuable relationships, and finding solutions. In a world where legal battles can be long, expensive, and emotionally draining, ADR offers a refreshing approach to resolving conflicts.

If you’re facing a dispute and want to explore a more cooperative and efficient path, consider reaching out to Investigation and Mediation. Our expert team is ready to help you navigate the ADR process with care and professionalism, ensuring that your journey to resolution is as smooth and respectful as possible.

Consider alternative dispute resolution today to turn a challenging situation into a stepping stone for a better tomorrow.

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Uncategorized

Mediation for Workplace Conflicts with Proven Path to Resolution

Mediation

Workplace conflicts are inevitable. With diverse personalities, work styles, and goals, disagreements are bound to happen. These unresolved conflicts can lead to a toxic work environment, decreased productivity, and even legal disputes. Mediation offers a well-structured and effective way to resolve conflicts before they escalate, creating a more harmonious and productive workplace.

Understanding mediation in the workplace

Mediation is a structured yet flexible process where a neutral third party facilitates discussions between conflicting parties. Unlike litigation or formal grievance procedures, mediation focuses on collaboration and mutual agreement rather than assigning blame. It allows employees to openly express their concerns in a controlled environment, leading to better understanding and sustainable resolutions.

Mediation

Why workplace conflicts arise

Workplace conflicts can stem from various sources, including:

  • Personality clashes: Differing communication styles and perspectives can create friction.
  • Miscommunication: Misinterpreting emails, instructions, or feedback can lead to misunderstandings.
  • Workload distribution: Unequal workloads can cause resentment among employees.
  • Competing interests: Conflicts may arise over promotions, resources, or responsibilities.
  • Cultural differences: Diverse workplaces sometimes experience conflicts due to differing cultural expectations and norms.

The role of mediation in conflict resolution

Encourages open communication

Mediation provides a safe space for employees to discuss their issues openly without fear of retaliation. The mediator ensures both parties are heard and facilitates constructive dialogue leading to mutual understanding.

Offers a neutral perspective

Unlike internal HR processes that may be perceived as biased, a professional mediator remains neutral to ensure fairness in the resolution process. Their expertise in conflict resolution allows them to guide discussions effectively, helping parties reach a mutually agreeable solution.

Prevents escalation of disputes

Unresolved conflicts can escalate, leading to severe consequences such as resignations, legal disputes, or workplace bullying claims. Mediation intervenes early to address issues before they spiral out of control.

Saves time and costs

Legal disputes and formal grievance procedures can be time-consuming and expensive. Mediation is a cost-effective alternative that promotes quick resolutions, reducing downtime and keeping employees focused.

Strengthens workplace relationships

Adversarial approaches create winners and losers but mediation encourages collaboration. Employees learn to work together and understand each other better. This leads to improved team dynamics and long-term workplace cohesion.

Mediation

Mediation vs. other conflict resolution methods

Conflict Resolution Method Pros Cons
Mediation Cost-effective, promotes collaboration, preserves relationships Requires willingness from both parties
Litigation Legally binding, provides clear rulings Expensive, time-consuming, damages relationships
Arbitration Faster than litigation, binding decision Less flexible, can still be costly
HR Interventions Internal control over disputes,  follows company policy May be perceived as biased, lacks confidentiality
Among these options, mediation is a balanced and practical approach that encourages resolution while maintaining a positive workplace culture.

Implementing mediation in your workplace

Step 1: Identify the need for mediation

Not all workplace conflicts require mediation. However, mediation becomes crucial when communication breakdowns persist, emotions escalate, or productivity is affected.

Step 2: Engage a professional mediator

For best results, engage a professional mediator with experience in workplace disputes. At Investigation and Mediation, our trained mediators specialize in resolving conflicts efficiently and confidentially, ensuring fair outcomes for all parties involved.

Step 3: Conduct the mediation process

The mediation process typically involves:

  • Initial consultation: The mediator gathers background information about the conflict.
  • Private sessions: Each party meets with the mediator individually to share concerns.
  • Joint sessions: The mediator facilitates discussions between both parties, guiding them toward a resolution.
  • Agreement drafting: Once a resolution is reached, an agreement is drafted to ensure clarity and commitment.
Step 4: Follow-up

Mediation does not end with an agreement. Regular follow-ups ensure that both parties uphold their commitments and that the workplace environment remains positive.

Why choose Investigation and Mediation for workplace conflict resolution?

At Investigation and Mediation, we provide expert mediation services tailored to workplace disputes. Our mediators have years of experience in conflict resolution, fostering a collaborative work culture, and ensuring compliance with workplace regulations. Contact us now to enjoy a healthy and productive work environment.

Conclusion

Workplace conflicts are unavoidable, but they don’t have to be detrimental. Mediation is a proven and cost-effective way to resolve disputes while strengthening workplace relationships.

Mediation helps to maintain a harmonious and efficient work environment by encouraging open communication, ensuring neutrality, and preventing costly escalations.

communication, ensuring neutrality, and preventing costly escalations. Let Investigation and Mediation help you create a workplace where conflicts are resolved constructively, ensuring long-term success for your organization.

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Conflict resolution

Effective Conflict Resolution Strategies for Work and Personal Life

Conflict resolution

Conflict in the workplace is inevitable. Differences in personalities, work styles, and expectations can lead to disputes that may disrupt productivity, lower employee morale, and even lead to costly legal battles. However, an effective approach to conflict resolution can foster a healthier work environment, ensuring smooth operations and improved professional relationships.

Conflict resolution

Understanding conflict resolution

Conflict resolution is the process of addressing disputes and finding a mutually acceptable solution. In the workplace, conflicts can arise due to miscommunication, competing interests, or even workplace culture differences. Effective conflict resolution strategies are essential for maintaining a collaborative and productive environment.

The role of mediation in conflict resolution

One of the most effective methods for workplace conflict resolution is mediation. Mediation involves the intervention of a third person, or mediator, into a dispute to assist the parties in negotiating jointly acceptable resolution of issues in conflict. Unlike litigation or formal grievance procedures, mediation is a non-adversarial approach that encourages open communication and collaboration.

Benefits of workplace mediation

Encourages open communication

Mediation creates a safe environment where employees can express their concerns freely. A professional mediator ensures that parties are heard, promoting transparency and trust.

Reduces workplace tension

Unresolved conflicts can lead to a toxic work environment, affecting team cohesion and overall workplace harmony. Mediation helps de-escalate tensions before they escalate into serious disputes.

Saves time and money

Workplace conflicts that are not resolved efficiently can lead to high legal costs, absenteeism, and decreased productivity. Mediation is a cost-effective alternative that helps resolve issues quickly and amicably.

Enhances employee relationships

Unresolved conflicts can cause hostility and resentment in a workplace. Mediation helps rebuild relationships through understanding and mutual respect.

Encourages collaborative problem-solving

Unlike traditional conflict resolution methods that focus on assigning blame, mediation encourages both parties to work together to find a solution that meets their needs.

How mediation works

Mediation is a structured process that involves several key steps.

Initial consultation

A mediator meets with the involved parties to understand the nature of the conflict and explain the mediation process.

Setting ground rules

The mediator establishes guidelines for respectful communication and confidentiality.

Opening statements

Each party presents their perspective, outlining their concerns and desired outcomes.

Facilitated discussion

The mediator guides the conversation, ensuring both sides listen to each other and explore potential solutions.

Agreement formation

If a resolution is reached, the mediator helps document the agreed-upon terms to ensure clarity and commitment from both parties.

Why choose professional mediation services?

While internal conflict resolution strategies can be effective, hiring a professional mediator can make a significant difference. An experienced mediator brings objectivity, expertise, and proven conflict resolution techniques to ensure a fair and balanced approach.

Investigation and Mediation specializes in professional workplace mediation services designed to resolve conflicts efficiently and professionally. Our expert mediators help organizations navigate disputes with minimal disruption, ensuring long-term harmony and productivity in the workplace.

When to consider mediation

Mediation is a highly effective tool for resolving various workplace conflicts, including:

  • Disputes between employees
  • Conflicts between management and staff
  • Issues related to discrimination or harassment
  • Miscommunication leads to misunderstandings
  • Disagreements over workplace policies or procedures

The future of workplace conflict resolution

As workplaces evolve, so do the challenges associated with employee relations. Companies prioritizing effective conflict resolution strategies, including mediation, foster a positive work culture, retain valuable employees, and maintain high productivity.

If you’re experiencing workplace conflicts and need professional assistance, Investigation and Mediation is here to help. Our mediation services provide a constructive, unbiased, and efficient way to resolve disputes and enhance workplace harmony. Contact us today to learn how we can support your business to ensure a peaceful and productive work environment.

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Dispute Resolution

The Hidden Cost of Workplace Conflict and How to Resolve It

Costs of Workplace Conflict Blog

How To Solve the Crippling Cost of Workplace Conflict

Ask yourself “Do we deal well with conflict in my organization? If you are like most managers, the honest answer is ”NO!” This is not surprising, as humans we have learned to protect ourselves from adverse situations – Don’t stick your neck out!

Conflict is a natural part of work life and has and dealt with well can have positive potential. However, conflict can and often does have harmful impacts on people and this is costing you!

A CEO came to me recently to help with 2 people in her team who were in serious workplace conflict. She had seen it building and thought it would die down naturally and it did for a while, but it had reached tipping point: they could hardly speak to each other; meetings had an air of frostiness; both were off sick frequently; and both of them would consistently mention the other is the problem explaining delays or poor results. What’s more, the company lost a major client and the CEO realised that this conflict was the major cause and was to attend an urgent meeting with the board to explain what happened.

Cost – Increase in staff turnover

Workplace conflict leads to the loss of skilled staff members, hiring and training of new staff is expensive and creates interruptions in the workflow and output.

Cost – Lost productivity and diminished work standards

The people involved in workplace conflict are often pre-occupied with it, either affecting their own work by thinking about it, or interrupting others to talk about it.

Cost – Increased absenteeism

The people directly involved in workplace conflict often take unplanned leave, this may be to avoid situations that place them in the presence of the other person; or they may be experiencing severe stress, anxiety and depression.

Cost – A plummet in culture

Workers experiencing workplace conflict often blame, and gossip about each other to shore up support. Disrespect, criticism, anxiety and workplace sabotage often pervade as factions divide the department or organisation. Discontent spreads as belief in an unjust, negative workplace creates discontent. The workplace becomes unproductive.

Why does workplace conflict happen?

Most managers will do nothing about workplace conflict between workers, hoping those in conflict will work it out themselves. They will not want to get into the middle of something for fear that this may escalate the conflict causing more trouble.

Some conflicts do die down naturally – so it seems. When one person gives in, they will likely be left with resentment, and at some time later find a way to retaliate. Other conflicts become overt involving a whole department, where factions divide teams. The culture of the organisation plummets.

Left unresolved, workplace conflict will usually intensify, as power struggles escalate.

How to avoid serious problems?

The key to resolving workplace issues, is early intervention, before the conflict takes hold and escalates. 3 ways to achieve this are:

  1. Adopt Assertive Communication
  2.  Skill your managers – Managers need to learn essential skills to identify conflict at an early stage, and instead of ignoring it, they can actively assist their workers by bringing them together to openly discuss their issues.
  3. Implement a ‘dealing with conflict” policy that gives bystanders responsibility to ‘step up’

Back to our CEO… she had decided it was too late to address the conflict and the situation was that bad, one of the parties “had to go”. After some further discussion and looking at other options, the CEO agreed to interMEDIATE providing mediation as Alternative Dispute Resolution (ADR). This means a collaborative, positive approach to resolving disputes, rather than traditional adversarial approaches, which escalate conflict and result in win/lose and often lose/lose outcomes.

A large part of the mediator’s role is to assist parties identify, explore and understand what it is they care about and which of their cares are being impacted negatively by their disputes or conflicts with others. It is only by identifying these cares accurately that the necessary resolution will become clear and parties will then be helped to feel calmer, more relaxed, less stressed and be restored to competence and happiness.

A co-model of mediation – with two mediators is very powerful. Utilising the skills and experience of both mediators working as a team to impartially assist both parties to find a win/win resolution that they can both (or all) live with, is a peaceful and effective way to rebuild workplace relationships, workplace culture, workplace health and safety as well as productivity.

Both women were crying to me on the phone the night before their workplace mediation. “I can’t do this tomorrow” was the message. Both were incredibly emotional and felt a sense of impending doom. One had been given a much-wanted promotion, however the manager was resisting her promotion. There had been a workplace conflict between them some time ago, and we had been brought in to help the two women resolve the situation, to enable them to work together productively. My question to both was “You don’t have to, but what will you do if you don’t resolve the situation?” Neither had an answer, but they were afraid of the process which would bring them face to face in one room with their adversary.

They each had a non-participating support person to assist them through their presence. Both the women in conflict attended, albeit very tentatively.

We assisted them to have a full and frank discussion, and it became apparent that the women used to be good friends outside of work, but a personal conflict had arisen. We helped them unpack the situation. They spoke about it at length and each gained a thorough understanding of the situation from the other’s point of view and appreciation for the previous miscommunication which ended their friendship.

By the end of the mediation they were hugging each other.

We spoke to the CEO later to check on their progress and she asked “What did you do? They are on happy pills.” Such is the power of a well conducted mediation.

What do you do to deal with conflict? Go to our LinkedIn page to comment on the conversation.

Lead Mediator Jean-Marcel Malliaté has been assisting workers in conflict through mediation as well as training, since 1995. Utilising a powerful co-mediation model, a transformative process is used which aims to transform the conflict, often helping parties to find solutions that improve the entire workplace. An element of education is added as appropriate to enable parties to learn about and understand their conflict styles, and improve their communication skills which extend beyond the organisation to their personal lives, family and community.

For assistance contact: www.InvestigationandMediation.com.au

About the Author

Jean-Marcel Malliaté 

Masters in Dispute Resolution (MDR Law faculty UTS)

Cert II Security Operations (Pending)

1st Aid Certificate 2021

Commercial & Private Investigator (NSW Police CAPI Lic: 411750343

Private Security & Investigator (Victorian Police: 1434 & 820B

Cert IV Investigation Government Agencies 2018-2019 (ICETS)

Cert IV in Leadership & Management 2016-2017 (LMA)

Cert III, Workplace Investigation – Factual Reports

Nationally Accredited Mediator (Adv Panel, LEADR 1995 & Fellow of the Resolution Institute, 2017)

Registered Family Dispute Resolution Practitioner (FDRP, Federal Attorney Generals Dept R:1004074)

Competency requirement of the Grad Dip Family Dispute Resolution (FMC CHC80207)

Child Protection Multicultural Caseworker (NSW Dept of FaCS)

Certified Workplace Assessor & Trainer (ACWA)

Cert Conflict Management Coach (Resolution Institute)

Adv Dip, Applied Social Science (Australian College of Applied Psychology- (ACAP)

Assoc Dip Counselling & Communications (ACAP) 

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Dispute Resolution

PEACE – Dispute Resolution

unresolved conflict workplace conflict resolution

People Enjoying A Common Environment

When we think of the enormous amount of time that is spent in our work environment, many do not enjoy their time in their environment. 

1. What does peace mean to you and your family? By definition: freedom from disturbance; tranquillity.

“He just wanted to drink a few beers in peace”

synonyms:

tranquillity · calm · calmness · restfulness · peace and quiet · peacefulness ·

[more] 

2. a state or period in which there is no war or a war has ended.

 “The Straits were to be open to warships in time of peace” ·

[more]

synonyms:

law and order · lawfulness · order · peacefulness · peace ableness · harmony · 

[more] 

3. (the peace) a ceremonial handshake or kiss exchanged during a service in some Churches (now usually only in the Eucharist), symbolizing Christian love and unity 

How can we find this illustrious state of mind and physical wellbeing to ensure our mental health and safety? 

The main illusive question is who is responsible for this environment when we are at work? 

WIKEPEDIA says, Peace is a concept of societal friendship and harmony in the absence of hostility and violence. In a social sense, peace is commonly used to mean a lack of conflict and freedom from fear of violence between individuals or groups. Throughout history leaders have used peacemaking and diplomacy to establish a certain type of behavioural restraint that has resulted in the establishment of regional peace or economic growth through various forms of agreements or peace treaties. 

Many rely on the workplace policy and code of conduct and the HR
department to enforce and manage the breaches through punitive methods which do not really have a lasting and resolving effect. At times, their reactive and even preventative actions create a smoke screen and temporary stillness, numbing all who witness their colleagues dragged through the workplace processes within their power. 

When writing my PhD, at the WSU, I chose to research “How managers deal with conflict and bullying and harassment effectively in the work place” as without appropriate resolutions, so many lives are disrupted and affected, including family and other workers who either witnessed or attempted to help their colleagues. 

Mr Garling headed an inquiry into acute care services in NSW public hospitals following the death of schoolgirl Vanessa Anderson at Sydney’s Royal North Shore Hospital in 2005. She was taken to the hospital after being hit in the head by a golf ball. 

  • Brodie Panlock a young waitress from the busy Melbourne café Vamp in Hawthorn, who jumped to her death, after being bullied in the workplace, from a multistorey carpark in Melbourne
  • Nurse Michelle Beets who had her throat slit as she approached her Chatswood home by a conflicted and disgruntled nurse (another Royal North Shore hospital ex-employee and report).
  • Dr Eric Gassy leading Psychiatrist from the Bankstown hospital who shot Dr Margaret Tobin of a similar role, from St George hospital 4 x times.

There is clearly a need for effective and efficient identification, prevention and management of Workplace Bullying and Harassment attributed to cause severe mental illness too often, fear, depression and anxiety. 

This opened my eyes to the recognition to achieve PEACE and maintain Workplace Safety, every person in the workplace has a duty to take reasonable care of their own health and safety but also not adversely affect another person’s health and safety. 

Arthur Schopenhauer says “Every truth passes through 3 x stages before it is recognised:

  1. it is ridiculed;
  2. it is opposed;
  3. it is regarded as self-evident 

We all need to step up, quit the focus on post-incident remedy relying on working with Human Remains.

 Still unsure, please read more, as on the 26th November 2012, the House Standing Committee on Education and Employment confirmed that workplace bullying can have a profound effect on all aspects of a person’s health as well as their work and family life. It also has significant flow‐on effects for the community and the economy, with the Productivity Commission estimating the total cost of workplace bullying in Australia at between $6 billion and $36 billion annually. 

“The Worse You Behave, The More You Seem, to be Rewarded”: Bullying in Nursing as Organisational Corruption Employee Responsibilities and Rights Journal September 2009, Volume 21, Issue 3, pp 213-229 Date: 18 Feb 2009 by Marie Hutchinson, Margaret H. Vickers, Lesley Wilkes, Debra Jackson.

 The Author’s research findings make it more obvious that when employees do not clearly understand what is and is not bullying, they are not able to appropriately deal with a perpetrator assertively. 

Identifying, Preventing and Managing Bullying and Harassment in the Workplace. 

The benefits and justification for this level of training for all employees is that it mitigates risks of harm and leads to improving management training in conflict resolution in the workplace. The concept of an organisation changing from the traditional to contemporary is a globalisation employee and employer expectation. Table 1.1 the Changing organisation Page 7 Robbins, Bergman, R, Stagg, I & Coulter, M2012. 

The research shows how the wider the gap in competency in management intervention the more damage is done to the workers and the organisation. 

The employees, as individuals, when subjected to bullying and harassment in the workplace suffer from:

  • Suicidal ideation and premature death
  • Frequent or increasing absenteeism also presenteeism
  • Mood fluctuation (irritable, teary, vacant) mental and psychological health issues
  • Voluntary isolation as targets of bullying and harassment
  • Low Productivity (Procrastination, forgetful) low profits
  • Low Motivation leading to poor outcomes

We know that doing the same thing, means: We cannot expect to obtain better results, certainly unless we learn how to: Identify, Prevent and Manage Bullying and Harassment in our workplace. 

The benefit to workers and their families is the attainment of desired output are achieved by improving effectiveness, efficiency and maintaining safety in the workplace and PEACE, i.e. People Enjoying A Common Environment. ©

For assistance contact: www.InvestigationandMediation.com.au

About the Author

Jean-Marcel Malliaté 

Masters in Dispute Resolution (MDR Law faculty UTS)

Cert II Security Operations (Pending)

1st Aid Certificate 2021

Commercial & Private Investigator (NSW Police CAPI Lic: 411750343

Private Security & Investigator (Victorian Police: 1434 & 820B

Cert IV Investigation Government Agencies 2018-2019 (ICETS)

Cert IV in Leadership & Management 2016-2017 (LMA)

Cert III, Workplace Investigation – Factual Reports

Nationally Accredited Mediator (Adv Panel, LEADR 1995 & Fellow of the Resolution Institute, 2017)

Registered Family Dispute Resolution Practitioner (FDRP, Federal Attorney Generals Dept R:1004074)

Competency requirement of the Grad Dip Family Dispute Resolution (FMC CHC80207)

Child Protection Multicultural Caseworker (NSW Dept of FaCS)

Certified Workplace Assessor & Trainer (ACWA)

Cert Conflict Management Coach (Resolution Institute)

Adv Dip, Applied Social Science (Australian College of Applied Psychology- (ACAP)

Assoc Dip Counselling & Communications (ACAP)