We do our best to resolve conflicts at the lowest possible escalation step (direct resolution), but agree to escalate conflicts (to assisted resolution) if they are not resolved. ### Reflection 1. Set aside some time to think through what happened. What was the other person's behaviour? How did it affect you? *Distinguish other people's **actions** from your **feelings** about them.* 2. Consider what uncertainties or misunderstandings may have occurred. 3. Distinguish disagreement from personal hostility. Disagreement and dissent are part of healthy discussion. Hostility is not. 4. Use your personal support system (friends, family, therapist, etc.) to work through and clarify your perspective. 5. Ask yourself what part you played, how you could have behaved differently, and what your needs are. ## Direct resolution A *direct resolution* process occurs when individuals communicate their concerns and work together to resolve disputes without filing an informal or formal complaint. ### Have a conversation When there is a disagreement, the involved people should first **communicate with each other** about their concerns. Both people should refer to the [[Code of Conduct]] to guide them on how to conduct themselves in resolving the dispute. 1. Choose a time and place to meet that is private and agreeable to both. 2. Allow a reasonable amount of time. 3. The point of the meeting is not to determine who is right or wrong, but rather to reach **a mutual understanding**. Achieving this requires patience and a willingness to listen to the other person's perspective without immediately dismissing it as incorrect. *Share ideas, ask clarifying questions, and respond to each other's ideas.* 4. Express your thoughts and feelings directly and without belittling or dismissing the other person's perspective. This can be achieved by using "I" statements and [active listening](https://www.ccl.org/articles/leading-effectively-articles/coaching-others-use-active-listening-skills/) techniques. 5. Communicate your **wants** and **needs** and make **offers** and **requests**. 6. During the conversation, try your best to learn how to avoid miscommunication and misunderstandings in the future. Ask questions like, "If what I/you said or did came across that way, what can we do to prevent this from happening in the future?" 7. Keep a written record of the resolution of this conversation, agreed to by both parties. > [!tip] Escalating Bandwidth > Whenever a misunderstanding or conflict arises, **escalate the bandwidth of the channel**. If you’re on Slack asynchronous text, move to Slack synchronous text at a planned time. From synchronous chat to an audio Huddle, audio to video. *Credit: [Joshua Vial](https://joshuavial.com/loomio-conflict/)* ## Assisted resolution ### Informal complaints If talking things out doesn't work, you can ask a responsible contact person for help in writing. Mention that you're making an *informal complaint* and seeking assistance. #### Responsible contact people | Complainant | First Contact | If First Contact Is the Respondent | Additional Steps If Needed | | ------------------------------------------------------ | ------------------------------- | ---------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------- | | **Staff** | Immediate supervisor | One or both Co-EDs | If the supervisor is both an ED and the Respondent, contact the staff liaison on the Conflict Resolution Committee. | | **Executive Director (ED)** | Chair of the Board of Directors | Staff liaison on the [[Conflict Resolution Committee]] Committee | If the Respondents involve multiple directors, contact the Internal Advisor. | | **Director** | One or both Co-EDs | Internal Advisor | - | | **Member of the organization or member of the public** | Designated staff | ED | If the Respondent is the ED, then contact the Internal Advisor. | When someone makes an informal complaint, the responsible contact person (RCP) will ask if they have tried to resolve the issue themselves and will talk to the Internal Advisor if necessary. Within two weeks of the complaint being made, the person in charge will work to settle the matter through the informal complaint resolution process. If one party refuses participation, a [[#Formal complaints and resolution|formal complaint]] may be lodged. #### Procedure The RCP will speak with each person separately to hear their perspectives and to review the internal direct resolution process. The parties will be invited to attend informal meetings, negotiations, facilitated discussions, or shuttle/in-person mediation. These invitations will be extended by either the RCP, the Conflict Resolution Committee, or the Internal Advisor. It may be necessary to hold multiple meetings in cases where there are multiple complainants/respondents. Depending on their training and neutrality, either the RCP or the Internal Advisor will act as a facilitator or mediator in the selected process. If the chosen process results in an acceptable informal outcome for both parties, the matter will be considered resolved. ### Formal complaints If informal resolution efforts do not result in an acceptable outcome within a reasonable timeframe or to the satisfaction of the complainant, they may file a *formal complaint* in writing. The written complaint must include: 1. The complainant’s name 2. The respondent's name 3. Detailed information about what the issue is, what has taken place, where, and when 4. Details of all prior efforts to achieve a resolution 5. The specific outcome(s) the complainant is seeking It should be submitted to the appropriate RCP. *Seeking external advice and expertise to aid this process is recommended.* #### Responsible contact people | complainant Type | First Contact | If First Contact is the Respondent | Additional Contacts | | ------------------------------------------------------- | ------------------------------- | ------------------------------------------------------ | ------------------------------------------------------------------------------ | | **Staff** | Immediate supervisor | One or both Co-EDs | If supervisor is Co-ED, contact staff liaison on Conflict Resolution Committee | | **ED** | Chair of the Board of Directors | Staff liaison on the [[Conflict Resolution Committee]] Committee | If involving multiple directors, contact the Internal Advisor | | **Director** | One or both Co-EDs | Internal Advisor | - | | **Member of the organization, or member of the public** | One or both Co-EDs | Internal Advisor if the Respondent is the ED | - | The RCP will acknowledge receipt of the complaint within a week and forward it to the Internal Advisor (if not self). The Internal Advisor will then proceed to: 1. Review the complaint to ensure all information is included and that enough information is present to assess the situation and respond. If not, they will let the complainant know. 2. Assess and make note of organizational by-laws, policies and codes that might have been violated. 4. If needed, seek advice from external sources of expertise. > [!tip] > If the complaint involves multiple complainants or respondents who are staff and/or Directors or are non-HR contract disputes, seek external legal advice. #### Updating the complainant Within one week of complaint receipt, the Internal Advisor will inform the complainant that they have carried out an initial review of their complaint, provide the complainant with a copy of this policy, review the direct resolution process, and communicate additional information required, including: 1. If applicable, referral of the complaint to a separate process 2. Available informal or assisted resolution options 3. That processes in relation to this policy cannot result in an award of damages or compensation to the complainant, respondent, or anyone else 4. That processes in relation to this policy may or may not result in disciplinary measures against the respondent 5. That the respondent will receive a copy of the complaint (with the complainant’s name) if it is not resolved through informal resolution mechanisms #### Procedure ##### Notice to respondent *Offer of direct resolution* The Internal Advisor will send the respondent a written complaint disclosure once the requirements have been met and they have ensured a direct resolution process is not jeopardized. 1. A copy of the complaint 2. Supporting materials, if any 3. An assessment of organizational policies and/or codes of practice that may be engaged 4. A copy of this policy 5. A request for a response within two weeks 6. An offer to facilitate direct resolution 2. If the Respondent does not reply within one week, the Internal Advisor will notify the RCP, who will then decide a course of action with the information provided to date. They may consult with the [[Conflict Resolution Committee]] Committee, as needed. ##### Initial response to the complainant *Offer of direct resolution* Once the respondent replies, the Internal Advisor will send the following to the complainant: 1. A copy of the response 2. Supporting materials, if any 3. An assessment of organizational policies and/or codes of practice that may be engaged 4. An offer to facilitate a direct resolution If both parties accept the offer of direct resolution, the Internal Advisor will arrange to facilitate the process within one week. This may include such processes as informal meetings, negotiation, facilitated meetings or shuttle or in-person mediation. The Internal Advisor may engage an external mediator if required. #### Reaching an agreement Any resolution of a complaint that is agreed upon through direct negotiation must be documented in writing and signed by both the complainant and respondent. These "Minutes of Settlement" will be kept confidential and only shared with the Internal Advisor, Staff, Board, legal counsel, or other parties who need to know to fulfill their organizational duties. Considerations when agreeing should include: 1. Is the agreement within the scope of the parties’ decision-making powers in relation to their organizational role? 2. Is the agreement realistic and durable? 3. Does the agreement in any way compromise the organization? 4. Are there elements of the agreement that impact the organization's operations, policies, reputation, external relationships or public perceptions? 5. Does it align with our [[Values]] and commitment to [[Loving Justice]]? #### If no agreement is reached If direct resolution fails, the Internal Advisor will forward all documentation to the Conflict Resolution Committee for review. The Committee may seek external advice and decide on a course of action, which may include: 1. Separation of parties via work re-assignment or changing of scheduling 2. Having a meeting with each party to discuss best practices for dispute resolution 3. Directions on training 4. Implementation of organizational practice and policy changes 5. Referral to HR policies and procedures, Harassment and Discrimination policies and procedures, and/or OHSA-mandated policies and procedures for resolution ## Other redress An individual who is not satisfied with the outcome of a **harassment** complaint process may file a discrimination complaint with the [Canadian Human Rights Commission](https://www.chrc-ccdp.gc.ca/eng). ## Acknowledgments This work is inspired in part by the work of the Media Arts Network of Ontario led by Sheila Wilmot, January 2016. ![[Pasted image 20240225131517.png]]