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KNOWLEDGE CENTRE: Dispute Resolution


Articles

Mastering Fact-Finding and Investigation: Post-Program Perspectives

By Alison Hill

In 2009, the IRC conducted a survey of LR professionals to glean their insights on the level of skills, knowledge, and abilities required for the profession. The survey also explored the amount of time LR professionals were spending on certain LR tasks. Based on this research, led by Anne Grant and Stephanie Noel, the IRC determined that Mastering Fact-Finding and Investigation is a critical skill that LR professionals must hone. Accordingly, earlier this year, the IRC launched its inaugural Mastering Fact-Finding and Investigation program. The program is part of the IRC's new Advanced Labour Relations certificate, which builds on the skills and knowledge acquired in the Labour Relations certificate series. The Advanced Labour Relations certificate includes three programs: Mastering Fact-Finding and Investigation (launched in April 2011), Strategic Grievance Handling (launching in May 2012), and Optimizing the Labour-Management Relationship: Leadership Skills for LR professionals (launching in 2013). (More)

The Peer Circle: Holistic Surgery for the Infected Workplace

By Richard A. Russell, Principal, Agree Incorporated

Jean passed the talking piece to Kimberly. You could see her shoulders straighten, a deep intake of breath, a glance around the circle of her assembled colleagues. She was steeling herself to say what was difficult but necessary. Kimberly explained that, for her, the constant putting down of customers and negativity around workplace conditions was unacceptable and made it difficult to enjoy and take pride in her work. She asked that the team demonstrate professionalism toward clients and respect the fact that everyone ought to be able to come to work and expect a reasonably supportive environment.  (More)

Bullying in the Workplace: “Doing Nothing Is Not a Neutral Act”

by Alan Morantz

When it comes to psychological harassment and bullying in the workplace, targets report that HR departments often make a bad situation much worse, says Jana Raver, Queen's School of Business Assistant Professor and E. Marie Shantz Research Fellow in Organizational Behaviour.  (More)

In Conversation with Bernard Mayer

How can organizational leaders help to create healthy,conflict-friendly workplaces? Bernard Mayer, a Queen’s IRC facultymember who is an international expert in conflict resolution andmediation, shares insights for managers in the following Q & A  (More)

Getting to Yes

An Excerpt from "The Conflict Resolution Toolbox" by Gary Furlong

In his research and practice, Queen's IRC faculty member andmediator Gary Furlong has found that when it comes to real-lifeconflict, one size does not fit all. In the following sampling from hisnew book, “The Conflict Resolution Toolbox,” Gary discusses the valueof the Circle of Conflict as a multi-purpose tool — one of his “topeight” to help mediators, negotiators, lawyers, managers, andsupervisors reach agreements in even the most intractable disputes.  (More)

The Seven Habits of Successful Mediators

In Conversation with John Andrew

An expert in managing conflict, Dr. John S. Andrew teachesnegotiation at Queen's School of Urban and Regional Planning; providesindependent facilitation and mediation services to parties involved inland use, environmental, and transportation disputes; and leadsexecutive seminars on strategic consensus-building in corporate realestate.

Dr. Andrew spoke with us about what makes a good conflictmanager. You need to be part problem-solver, part creative thinker, andpart loner, undaunted by the prospect of eating lunch by yourself.  (More)

Latest on Dispute Resolution

On November 2 to 3, 2000, scholars, unionists, employee relations professionals, dispute resolution practitioners, and representatives from industry and government attended a special symposium on the State of the Art and Practice in Dispute Resolution. The symposium was held to pay tribute to the late Dr. Bryan M. Downie, an outstanding scholar and practitioner in the field of dispute resolution and industrial relations. The purpose of the symposium was to bridge theory and practice, contribute to a greater understanding of current approaches used in dispute resolution, and provide participants with an effective learning environment in which they could share knowledge and experiences. The event was jointly developed and sponsored by representatives from academia, business, and labour and supported with funding by the Labour-Management Partnerships Program.  (More)

Current Issues Series

Med-Arb: A Viable Dispute Resolution Alternative

by Megan Elizabeth Telford, 2000

Drawing on detailed interviews with experienced med-arbiters from the Grievance Settlement Board, this study looks at the advantages of “med-arb”, in which parties attempt to reach voluntary agreements before proceeding to arbitration. (Download)


Grievance Mediation: The Impact of the Process and Outcomes on the Interests of the Parties

by Mitchell S. Birken, 2000

The revival of grievance mediation is traced in this current issues paper, which contrasts the impact of mediation and arbitration on the interests of parties using a case study approach. (Download)


Mediation: The Process and the Issues

by Craig R. Smith, 1998

The rise of Alternative Dispute Resolution (ADR) to provide more efficient and less expensive methods of settling disputes, and the advantages and requirements for the success of ADR and mediation, are covered in this paper. (Download)


Internal Dispute Resolution

by Carolynn M. Ryan, 1998

This research paper traces the development of Internal Dispute Resolution (IDR) as a way of resolving human rights issues internally without involving third parties. It also provides detailed practical advice for designing IDR programs, which improve employee morale and cost less when compared with more traditional, formal procedures. (Download)


Don Wood Lecture Series

2010 - Labour Arbitration and Conflict Resolution: Back to Our Roots

The 2010 Don Wood Lecture was delivered by The Honourable Warren K. Winkler, Chief Justice of Ontario. The Chief Justice’s lecture presented a synopsis of changes in the labour relations field. The Chief Justice spoke about the “Golden Era” of labour arbitration (1944-1967), and drawing on his experiences and observations, commented on changes in the field today. These changes include a shift in the culture of labour arbitrations, from one of camaraderie amongst colleagues, to a litigation-based process. He concluded his talk with a call to action for labour arbitrators to rid the “dysfunctional arbitration culture” by raising awareness of proportionality (the amount of time spent on a case has to reflect the importance of the case) and protecting the integrity of labour arbitration by ensuring a fair process, with affordable cost, and appropriate timelines.

To read the lecture, click (Download)

To watch lecture, click  (More)

2007 - Secrets of strategic negotiations from CBC's top HR/IR leader George Smith

By George CB Smith, 2007

George C.B. Smith, Senior Vice President, Human Resources and Organization at CBC/Radio-Canada, shares lessons from his 33-year career as a management negotiator. He underlines three essentials for success: organizational alignment; managing the interpersonal aspects; and managing the complexities of the process. (Download)


Books

The Conflict Resolution Toolbox: Models and Maps for Analyzing and Resolving Conflict

Gary T. Furlong

Publisher: John Wiley & Sons Canada, Ltd.
ISBN: 0-470-83517-6
Year: 2005
Price: $49.99
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The Conflict Resolution Toolbox equips any practitioner with the clear, practical insights they need to find conflict's roots and resolve disputes quickly.  (More)

State of the Art and Practice in Dispute Resolution: A Symposium in Honour of Bryan M. Downie

Edited by Mary Lou Coates

Publisher: IRC Press
ISBN: 0-88886-544-9
Year: 2002
Price: $35.00 NOW $20.00
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These published proceedings of the symposium discuss strategies and approaches for improving relationships, solving problems, and resolving disputes more effectively.  (More)

Etate actuel de l'art de la resolution de conflits: Un symposium rendant hommage a Bryan M. Downie

Mary Lou Coates, Editrice

Publisher: IRC Press
ISBN: 0-88886-545-7
Year: 2002
Price: $35.00 NOW $20.00
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Le present recueil de comptes rendus propose des strategies et des demarches aptes a ameliorer les relations, a resoudre les problemes et a regler les conflits d'une facon plus efficace.  (More)