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Category: Dispute Resolution

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Dispute Resolution

How alternative dispute resolution can help resolve workplace conflicts

alternative dispute resolution

Workplace conflicts are inevitable. With diverse personalities, backgrounds, and expectations, misunderstandings and disagreements are bound to arise. However, handling these conflicts can make all the difference in maintaining a productive and positive work environment. Traditional methods like litigation or formal complaints can be costly, time-consuming, and damaging to relationships. This is where alternative dispute resolution (ADR) becomes a game-changer.

ADR offers a less adversarial, more cost-effective, and efficient way to resolve workplace disputes, fostering collaboration and long-term solutions. Let’s explore how alternative dispute resolution can help businesses navigate workplace conflicts while promoting harmony and efficiency.

Understanding Alternative Dispute Resolution (ADR)

ADR refers to the processes used to resolve disputes outside of the courtroom. It includes mediation, arbitration, negotiation, and conciliation, among others. These methods focus on finding mutually agreeable solutions rather than assigning blame or enforcing rigid legal outcomes.

Many organizations now recognize the benefits of ADR and integrate it into their workplace policies to handle conflicts effectively. Investigation and Mediation specializes in providing expert mediation and workplace investigation services to help businesses resolve disputes before they escalate into costly legal battles.

alternative dispute resolution
The business people working together at table. The meeting or summit concept

Common Workplace Conflicts That ADR Can Resolve

From interpersonal disputes to policy disagreements, alternative dispute resolution can address a wide range of workplace conflicts, including:

  • Personality Clashes: Differences in work styles, communication methods, and attitudes can lead to tensions among colleagues.
  • Harassment and Discrimination Complaints: Sensitive issues like bullying, harassment, or discrimination require a careful and impartial approach to ensure a fair resolution.
  • Employee-Employer Disputes: Issues related to job performance, unfair treatment, or contract disagreements can be resolved through ADR instead of legal action.
  • Team Conflicts: Disputes within teams over roles, responsibilities, or project direction can disrupt productivity and morale.
  • Miscommunication Issues: Poor communication is one of the leading causes of workplace disputes, and ADR helps in clarifying misunderstandings and setting clear expectations.

Benefits of ADR in Workplace Conflict Resolution

Cost-Effective Resolution

Legal battles can be expensive, with legal fees, lost productivity, and reputational damage. ADR, especially mediation, is significantly more affordable and helps companies save valuable resources.

Confidentiality

Unlike court cases that become public records, alternative dispute resolution processes are private. This confidentiality encourages open and honest discussions without fear of reputational damage.

Preserving Workplace Relationships

Litigation often leads to hostility, making it difficult for employees to work together afterward. ADR focuses on collaboration and problem-solving, helping to maintain professional relationships.

Quicker Resolutions

Legal proceedings can take months or even years, causing prolonged stress and disruption. ADR methods are typically faster, allowing businesses to resolve issues promptly and move forward.

Greater Flexibility and Control

With alternative dispute resolution, parties have more control over the process and outcome compared to a court ruling. They can tailor solutions to fit their unique circumstances rather than relying on rigid legal decisions.

Reduced Stress and Emotional Burden

Workplace disputes can be emotionally draining for all parties involved. ADR fosters a supportive environment that prioritizes understanding and resolution over blame and punishment.

alternative dispute resolution
Businesswoman unable to concentrate whle reading financial papers at meeting with colleagues

How ADR Methods Work in Workplace Conflicts

Mediation

Mediation is one of the most effective ADR techniques for workplace conflicts. A neutral third-party mediator facilitates discussions between the parties to help them reach a mutually agreeable solution.

How It Works:

  • The mediator listens to both sides and helps clarify issues.
  • They guide conversations toward productive discussions.
  • The goal is to find common ground and develop a solution that satisfies both parties.

Why It Works: Mediation is voluntary, meaning participants are more likely to commit to the resolution, leading to sustainable workplace harmony.

Arbitration

Arbitration is more structured than mediation but still avoids the complexity of court cases. An arbitrator (neutral third party) hears both sides and makes a binding or non-binding decision.

How It Works:

  • Each party presents its case.
  • The arbitrator reviews evidence and arguments.
  • A decision is made based on the information provided.

Why It Works: Arbitration is quicker and less expensive than litigation, making it a great option for resolving more complex disputes.

Negotiation

Negotiation is an informal process where the conflicting parties discuss their issues and attempt to reach an agreement without third-party intervention.

How It Works:

  • Each party presents its perspective.
  • They discuss possible solutions and compromises.
  • A mutually acceptable agreement is reached.

Why It Works: It empowers employees and employers to resolve their conflicts independently, strengthening workplace communication skills.

Conciliation

Conciliation is similar to mediation but involves a more active role from the neutral party, who may suggest solutions.

How It Works:

  • The conciliator meets with both parties separately and together.
  • They suggest possible solutions to resolve the conflict.
  • The aim is to find a compromise that benefits both sides.

Why It Works: It’s particularly effective for workplace disputes involving legal risks, as the conciliator can provide insights into potential legal outcomes.

alternative dispute resolution
Upset business lady dressing down employee for mistakes in report. Displeased businesswoman talking to colleague in office. Meeting concept

Implementing ADR in Your Workplace

For alternative dispute resolution to be effective, businesses must establish clear policies and encourage a culture of open communication. Here’s how organizations can integrate ADR into their conflict-resolution strategies:

  1. Create a Workplace Dispute Resolution Policy – Outline how conflicts will be handled through mediation, arbitration, or other ADR methods.
  2. Train Managers and Employees on ADR Techniques – Educate staff on the benefits and processes of ADR to encourage early conflict resolution.
  3. Hire Professional Mediators or Arbitrators – Engage experts in Investigation and Mediation for impartial and effective dispute resolution.
  4. Encourage Open Dialogue – Foster a workplace culture where employees feel comfortable discussing issues before they escalate.
  5. Regularly Review Conflict Resolution Practices – Continuously improve ADR strategies based on feedback and workplace dynamics.

Conclusion

Workplace conflicts don’t have to lead to costly legal battles or toxic environments. Alternative dispute resolution (ADR) provides a practical, effective, and human-centered approach to resolving disputes while preserving relationships and productivity. Whether through mediation, arbitration, or negotiation, ADR empowers employees and businesses to work towards solutions that benefit everyone involved.

For professional mediation and workplace investigation services, Investigation and Mediation offers expert support to help businesses navigate conflicts effectively. By embracing ADR, companies can create a healthier, more collaborative work environment where disputes are resolved with fairness and respect.

If your organization is struggling with workplace conflicts, consider ADR as the solution that fosters harmony, efficiency, and long-term success.

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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.

Categories
Dispute Resolution

How To Solve the Crippling Cost of Workplace Conflict

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) 

Categories
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)