Conflict Management Through Third-party Interventions

6.Conflict Management Through Third-party Interventions

Conflict that is not handled appropriately may become destructive. Sometimes it is possible for the dispute to be settled between the parties involved, but if the issue cannot be resolved there are easier and more cost-effective ways to try and resolve conflict than to battle it out in court. An alternative method of resolving the conflict may be to involve a third party to assist in this process but it is important that both the conflicting parties feel they can trust the integrity of the third party. Although it is possible to use an internal person (part of the organisation) as a third party if the conflict situation exists in the business, it is often more productive and viewed as more fair to use an outsider.

Conciliation involves a third party helping the conflicting parties to address their conflict directly and constructively, but only in the role of a facilitator.

The mediator will attempt to help the conflicting parties to reach a mutually acceptable decision by fulfilling an advisory role, but may not, (unlike an arbitrator) solve the problem by coming to a decision on behalf of the conflicting parties.

Once the arbitrator has made his decision it is binding on both parties and it is therefore critical that the arbitrator is fair and impartial in his judgment.

Conflict Resolution Steps:

Negotiation Conciliation

NEGOTIATION

CONCILIATION

Conciliator Mediation

MEDIATION

Mediator Arbitration

ARBITRATION

Arbitrator

Disputants

The two parties sit down and try to come to a compromise by themselves.

E.g. Father and son disagree on a curfew time, but sit down and discuss it together.

Disputants

If negotiation is unsuccessful, a third person gets involved, but only to facilitate the discussion i.e. make sure both parties get a chance to speak.

E.g. Two friends have been fighting due to a misunderstanding, and a third friend joins the discussion to make sure both have all the information and the misunderstanding is cleared up.

Disputants Disputants

If conciliation does not work, the third person gets more involved and will give advice, but the ultimate decision is still up to the original parties involved. If mediation has not solved the problem, the decision is taken out of the hands of the original parties, and the third person has to make a judgement call.

E.g. Two business partners are fighting about whether or not to sign a new contract. A friend who is a lawyer gives them some more insight, and they are then able to agree. E.g. Two floor managers in a factory cannot agree on the placement of a large new piece of equipment and the Production Manager steps in to make the decision which is then binding on both departments.

The Con-arb process

The Con-arb process is a one step process of conciliation and arbitration for unfair labour practices affecting individuals. The two processes take place as a continuous action in one day which saves time and unnecessary costs. This process is compulsory in matters relating to probation.

6.1 CCMA

The CCMA (Commission for Conciliation, Mediation and Arbitration) is an independent organisation that acts as a dispute resolution body that promotes cooperation between employers and employees. Any dispute that can be settled at this level prevents labour unrests such as strikes and lockouts and promotes productivity in the economy.

Source: https://www.ccma.org.za/ The CCMA will help to settle labour-related disputes in the workplace through a process of conciliation, mediation and ultimately if necessarily, through arbitration. In this process of trying to regulate the smooth functioning of a workplace, the CCMA can also get involved in workplace restructuring and provide training and advice on certain issues such as termination of employment, when requested to do so.

6.2 Workplace Forums (WPF)

According to the Labour Relations Act (LRA), a trade union may apply to the CCMA for a Workplace Forum to be established. The WPF will not take over the role of the trade union, but enables workers at all levels to participate in consensus decision-making with senior management. One of the primary functions of the WPF is thus to increase efficiency in the workplace.

The LRA states that there are certain issues on which management has to consult with the WPF, while other issues require more than consultation, demanding consensus and joint decision-making between the WPF and management. Employees elect fellow workers to represent them.

Some issues on which management must consult with the WPF:

◦ Criteria for merit increases;

◦ Restructuring of the workplace and worker retrenchments; and

◦ Training-related issues.

Management and the WPF must take joint decisions on issues such as Disciplinary Procedures and Affirmative Action. If no consensus decision-making can be achieved, the issue may be referred to the CCMA.

Source: https://wjc.me.uk/

6.3 Employers Organisations

These organisations provide members with a Labour and/or Industrial Relations expert when required, or on a contractual basis of one or two days per week. In short, the business outsources this element of the HR function to experts who stay up to date with amendments in labour legislation. NAPE (National Association of Private Employers), COFESA (Confederation of Employers in South Africa) and NEASA (National Employers' Association of South Africa) are examples of organisations that were established because they realised that many of the smaller employers do not have the funds or the need to employ a full-time labour practitioner.

Employer Organisations will assist employers on issues such as:

◦ Employment contracts;

◦ Disciplinary and grievance procedures;

◦ Dispute resolution;

◦ Employment Equity Plans;

◦ Representation at the CCMA; and

◦ Trade union negotiations.

Some employer organisations work within specific industries, such as: South African National Security Employers Association; Road Freight Employers Association; Minerals Council of South Africa and the Electrical Contractors Association of South Africa.

6.4 Trade Unions

Trade unions are discussed in detail in Chapter 9 dealing with Industrial Relations and obviously also play an important role in reducing and handling conflict between employers and employees.

Source: http://socialistnetwork.org/tag/ south-african-municipal-workers-union/

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