By: Andrea Gillis Consulting  09-12-2011
Keywords: Parties, mediation, Human Rights

Sustainability Approaches :

Proactive Conflict Management & Training

To help improve ongoing workplace relationships and keep the lines of communication open between employers and unions or between employers and employees. A comprehensive conflict  management, training and facilitation service designed to help workplace parties in unionized or non organized workplace  build and maintain constructive working relationships. The passion is to educate and empower workplace parties to further the personal job success of employees and thereby to facilitate employee satisfaction and enterprise sustainability and success.

Learning solutions and other services are  offered. The expectation is that these services are jointly sought or desired by workplace parties.  Proactive conflict management services are delivered by a mediator, facilitator or trainer  with extensive experience in both traditional and alternative approaches to labour and employee relations. Learning programs would be customized to meet the identified needs of the particular workplace. Workplace Sustainability Services Include: Workplace Sustainability Training, Mediation, Facilitation, Arbitration, Human Rights Complaint Mediation Services, Duty to Accommodate Facilitation & Mediation Services, Occupational Requirement &  Due Diligence Recruit  Training .

Specialized Workshops in Human Resources Due Diligence and Occupational Requirements

Workshops can be delivered on current legal issues in the labour and employment environment. Sessions would be  tailored to the specific needs of the workplace and offered by a facilitator  with over 18 years experience in legal and human resources issues.

Negotiation Competency  Workshop The negotiation competency workshop provides participants with an opportunity for training and informal discussions about the process of negotiation. In this workshop, participants are shown how positive results can be achieved in negotiations by focusing on underlying interests and concerns rather than on specific bargaining positions. Training engages participants through  a combination of presentations, exercises, negotiation simulations and group discussion facilitating the integration of  interest-based communication  concepts to the labour-management or employment relationship.
Workplace Conflict Resolution Workshop     This interest based training provides employers and non organized employee participants  with the opportunity to develop skills to resolve and address workplace disputes as close to the source as possible . Interest based communication strategies and other processes will be reviewed and informal discussion will be facilitated to assist participants gain the skills to proactively resolve issues of workplace conflict.  In this workshop, parties are shown how positive results can be achieved through a human focused and proactive interest based communication approach, by focusing on underlying interests and concerns rather than on specific positions. Training engages participants through  a combination of presentations, exercises, negotiation simulations and group discussion facilitating the integration of  interest-based communication concepts to the employer employee relationship.

Facilitation of Duty to Accommodate Initiative

Workplace parties may desire and seek the assistance of a neutral party to facilitate the parties efforts in respect of workplace duty to accommodate requests or initiatives. The services of a neutral facilitator is available to assist parties who may seek assistance of a facilitator to work with the parties to achieve a mutually agreeable resolution in respect of a duty to accommodate request/process. 

Arbitration Chair Consensual arbitration services are offered to labour and management  as a Chair appointed pursuant to the parties’  grievance /arbitration process of their Collective Agreement and or applicable legislation

Employment Termination Dispute Mediation Grievance mediation offers employer and employee legal counsel an informal and low-cost neutral alternative to litigation for their clients in the areas of disputes arising from termination of the employment relationship.  It provides employers and employees  with an  opportunity to meet and attempt to resolve the employment dispute and their underlying issues with the assistance of an experienced and neutral third party. Mediation is provided by mediator who has considerable expertise in employee relations and employment law. However ,subject to the parties individual  responsibility to adhere to time limits applicable at law to their circumstances in respect of the dispute, should the parties be unable to resolve the matter, they may refer the matter to dispute to the Courts or other appropriate authorities of bodies with authority and jurisdiction to render decisions in respect of the dispute.

Facilitation Mediator services whereby the mediator acts as a facilitator for joint processes. Whether it is interest-based negotiation, or the resolution of a major workplace issue, some joint initiatives can prove more successful if the process is guided by a neutral facilitator.

Mediation of Workplace Human Rights Complaints

Litigation of human rights complaints can be a protracted process. Complainants and respondents may face escalated costs. The parties also face uncertainty in respect of the outcome. With agreement, the parties may jointly seek to use the services of a mediator, and thereby  jointly participate in the mediation of the complaint with the assistance of a neutral mediator selected by them .  Mediation by joint request to a neutral mediator provides employers and employees and unions with an additional service to resolve their disputes in a timely fashion. Participation of the parties is facilitated in a TIMELY MANNER  and as close to the source and timing of the difference arising between the parties  as possible.  This mediation service allows the parties to shape the resolution with the assistance of a neutral mediator. If the complaint is not resolved by a mutually satisfactory resolution, the dispute may be referred, as applicable in the circumstances, to the tier of facts ; grievance arbitration, human rights or the courts, where the decision on the complaint will be imposed by the authority who hears the matter. Mediation services are provided by mediator who has experience in  human rights legal issues including but not limited to the duty to accommodate and bona fide occupational requirements. However, subject to the parties responsibility to meet their time limits in respect of other legal processes, if the parties are unable to resolve the complaint through the alternative process of mediation, they retain their right to proceed to have the complaint  addressed through the  processes as may be applicable to their circumstance ( including the courts, human rights or arbitration) .

Joint Conflict Resolution Workshop This workshop is designed for parties who wish to explore different approaches to working together on a daily basis. The workshop presents an interest based and human focused  problem-solving process to pro-actively address daily  issues of workplace conflict.  Skills obtained in this workshop can be applied to a wide range of workplace issues.

Grievance Process Review SWOT Session The grievance process SWOT analysis  session workshop offers labour and management an opportunity to jointly analyze their present approach to the grievance process. With the assistance of a jointly retained facilitator , union and employer representatives can commit to participate in a jointly presented session. The parties commit to collaborate to explore the strengths, weaknesses, opportunities and threats inherent in their present  grievance process for their particular bargaining unit. Meetings are scheduled with the objective of creating a go forward plan to enhance the parties' grievance process. The outcome may  include an articulation of joint goals, activities, and assigned responsibility for specific activity. A follow-up session can be offered within a specified period  after the session to discuss successes, barriers and improvements required  and to undertake efforts to make necessary changes to the grievance process as part of the overall facilitated session.

Keywords: conflict management, facilitator, Human Rights, mediation, Parties

Contact Andrea Gillis Consulting


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