Dispute Resolution Resources for the “Return to Normal” Transition

As we work to “return to a new normal,’ you may find conflicts beginning to erupt in various corners of your teams and organizations. I can help. This blog post is full of resources, and I hope this makes a sincere impact within your challenges.

As a mediator, facilitator and college instructor, I work with students, large groups of people in dispute with one another and participate in assorted community groups.   After a year of convening classes, teams, disputing parties and conversations online, I’m reminded not so much of the differences, but the similarities, of the ways we can communicate and connect more effectively with others.

We know that establishing rapport, building trust, employing active listening, creating transparency and authenticity in our interactions are critical to effective problem solving. Demonstrating civility and engaging in genuine dialogue-not-debate encourages engagement, promotes learning and breeds respect rather than contempt. 

As leaders in this process, attorneys and advocates of all kinds are uniquely situated to employ and model these techniques to achieve lasting agreements.

A 2019 survey of American adults and teens revealed the 69% saw incivility as a “major problem” in America and leads to violent behavior (88%), feeling less safe in public places (87%) and less community engagement (79%). [Source] 

A 2016 U.S. Equal Employment Opportunity Commission (EEOC) report notes almost one-third of the 90,000 charges of discrimination filed with the agency included allegations of harassment. The report noted that incivility is often an precursor to workplace harassment and can create a climate of “general derision and disrespect.”  The agency has recommended civility training to prevent workplace harassment [Source]

These findings point the way to an abundance of helpful resources for the judiciary, advocates, human resources professionals and parents. The judiciary promotes civility in the courtroom in a recent video.

Georgetown University professor and author Christine Porath assesses the “price of incivility” in the workplace through the costs associated with lost time, absenteeism, turnover, employee complaints and legal expenses.

Based in part on these findings, the Society for Human Resources Management (SHRM) cites improved employee engagement and collaboration in workplaces with established norms for respectful behavior. Recognizing that incivility acts as a “gateway drug” to workplace harassment, the EEOC now offers training to promote “respectful workplaces.” [Source] 

The National Institute for Civil Discourse is a non-partisan organization (based at the University of Arizona0 established to promote healthy and civil political debate. It offers abundant resources including “Key Practices and Principles for Engaging Differences,” a useful guide for all professions and age groups. 

In addition, Learning for Justice  (formerly known as “Teaching Tolerance”) offers classroom resources for teachers and students at all levels. 

Finally, George Washington’s Rules for Decent Behavior in Company and Conversation illustrates how much has changed yet remains the same in our public life.  It’s a great conversation starter and is sure to provide a few laughs, as well.

Whether our work requires us to remain in the virtual workspace or return to in-person encounters, the foundations of creating a sense of connection and “psychological safety” remain constant.

Taking the opportunity, and the time, to listen, to hear our clients, family and friends is at the core of building lasting agreement.  As we transition back to our workplaces, schools and public places, let’s remember the importance of “common sense” civility in our respective practices.

We can disagree without being disagreeable.