Conflict Management Manual
for Supervisors and Employees
OMBUDS Office / Human resources Office

Purpose
The purpose of this manual is to help Florida Gulf Coast University (FGCU) employees understand the different alternatives available to deal with conflict in the workplace in a timely, fair and satisfactory way. FGCU’s Conflict Management System (CMS) was created by a Task Force that included staff, faculty and administration. The goal of the CMS is to resolve conflicts at the lowest possible level using procedures that address and respect the needs, interest and rights of FGCU employees.
If you need additional assistance please contact the Office of the Ombudsman (239) 590-1022, Library Building Office 228 or go the web pages indicated in this manualFGCU’s Conflict Handling

Policy
A respectful workplace is a right and a responsibility of all employees at Florida Gulf Coast University. Treating people with civility and respect is an important workplace responsibility and all employees are expected to be proactive in handling conflict in the workplace. To help employees carry out this responsibility the University provides safe, fair, efficient and accessible processes, both formal and informal. These processes will be coordinated through FGCU’s conflict management system. Employees should not be retaliated against for using this system to try to resolve problems and conflicts.

Conflict Management System

Introduction
Conflict is a normal part of the life of any organization, including FGCU. This is because members have different, and often opposing views and goals. These differences, if well managed, keep the organization vital by stimulating creativity, promoting innovation and bringing about change. Organizations devoid of conflict would become apathetic.

While conflict is unavoidable, anger, grudges, hurt and blame do not have to be. These are the symptoms of badly handled conflict, which can discourage collaboration and sour working relationships.

At FGCU we are committed to learn how to avoid the negative side of conflict, while using the positive side to help ourselves and the organization grow and learn. There are two basic things we need to accomplish to achieve the goal of effective conflict management:

From FGCU: the availability of policies, guidelines and processes to help employees resolve their problems and conflicts at the lowest possible level in a safe, fair and efficient manner. This is attained through informal and formal conflict management processes. These tools will be effectively coordinated through the conflict management system (CMS).

From employees: a respectful and positive attitude towards others and a proactive approach towards the handling of conflict in the workplace. Employees are encouraged to develop the skills necessary to initiate discussions, listening, communicating, empathizing, learning, compromising and seeking out resources to resolve the conflict in a safe, fair and efficient manner. To achieve this, FGCU will offer the opportunity of skill building through training. These skills and a respectful attitude in the workplace will be considered an important part of the employees’ performance evaluation.

INFORMAL
FGCU Conflict Management System includes the following informal conflict resolution tools:

A basic communication rule:
First: Direct communication
Then: Assisted communication
Individual Mediation and Group Facilitation Services and Ombudsman Services

FORMAL
FGCU Conflict Management System also includes the following formal conflict resolution tools:

Grievances (CBA) and complaints (contracts)
Investigations of discrimination, sexual harassment or whistle blower complaints
Reviews of ADA accommodations

FGCU CMS is flexible. As a general rule, parties may use different processes independently, simultaneously or in sequence. For example, after direct communications process parties can request assisted communication by a supervisor or mediation. Parties to a formal complaint or grievance can request mediation while a decision is pending, if the type of matter allows it. Ombudsman services are available at any point of the informal or formal processes.

A- Informal Conflict Management

Informal conflict resolution is an attempt to settle disputes by focusing on basic interests and then developing mutually satisfying options, while acknowledging the rights and responsibilities of those involved. Due to their special characteristics, some cases may require following a formal process before the use of informal processes is considered. Such is the case of alleged discrimination, sexual harassment, allegations of illegal or unsafe activities and ADA accommodation request (for more information see “formal” processes)

Basic Communication rule:
This policy is a commitment to attempt to resolve disputes and problems at the lowest level possible. As a general rule, people having conflicts or problems with other(s) have a duty to first try to resolve their issues directly. If direct communication fails to resolve the conflict or problem, it is appropriate for them to request that a supervisor assist in the communication process.

First: Direct communication:
As a general rule, anyone with a problem or conflict with coworker(s) or a supervisor should first bring it to the attention of the other(s) and try to resolve it in a positive manner.

The other person(s) receiving the request for direct communication should agree to meet as soon as possible, try to resolve the problem or conflict in a positive manner and refrain from any type of retaliation.

Individuals needing help in preparing a meeting(s) can seek assistance from the Ombudsman, the Human Resources office, the university’s Employee assistance Programs or use the conflict management web tutorial located at http://www.fgcu.edu/cmtf/Tutorial1.asp

When direct communication cannot resolve the problem or when direct communication does not hold much promise or can do more harm than good, parties can request assisted communication with a common supervisor or a mediator.

Then- Assisted Communication:

When direct communication between the parties is not successful in resolving the conflict, the parties can request the assistance of their immediate supervisor. If the conflict is with their immediate supervisor, the assistance of the next common supervisory level can be requested.

The supervisor(s) of the parties should meet with them and try to resolve the issue by helping them find a solution that is fair and efficient for the problem or conflict. The parties or the supervisor may seek assistance from the Ombudsman, the Human Resources office, the university’s Employee Assistance Program to help them prepare for the meeting(s). Individuals can also consult the conflict management web tutorial at: http://www.fgcu.edu/cmtf/Tutorial1.asp

If the parties fail to reach a solution by themselves and the supervisor considers that the problem or conflict would benefit from a mediation or facilitation he/she may suggest the parties use one of these tools. If the supervisor considers that the type of conflict or problem lies within his/her duties, he/she may also choose to recommend a solution.

Any party can request mediation or facilitation if the problem is not completely resolved through the use of the two-step level communication policy.

Individual Mediation

Individual mediation is a voluntary conflict resolution process in which two or more parties meet with trained, impartial mediator(s) in a good faith attempt to resolve their issues. Mediators facilitate an exchange in which parties clarify the issues, check the facts, hear each other’s perspectives and ideas, provide new information and move towards an agreement. Mediators do not impose decisions or give advise. Mediation is confidential, which means that to the extent possible all details about the mediation session are not shared with anyone, nor are written records kept. In mediations the parties have responsibility for the resolution. An agreement is reached when the parties are satisfied with all of its terms.

FGCU has a program to educate, train and use FGCU employees as mediators. A party can request mediation by completing the form located at http://www.fgcu.edu/cmtf/Tutorial7.asp. The Ombudsman Office will assign, with input from the parties, a mediator with the training and experience required to work on the case who is acceptable to both parties. In situations that may require a particular expertise not available among internal mediators, the Ombudsman may decide to use an outside mediator.

Group Facilitation

Facilitation is an alternative or a complement to individual mediation when the conflict or problem involves large groups or teams. Facilitation is also used in absence of conflict by any group that requires the services of an expert to do strategic planning or other group tasks.

Facilitation services are offered by FGCU as a way to increase the quality of the communication among groups and to make more effective their work. FGCU has developed and initiated a program to educate, train and use FGCU employees as facilitators. A party can request a facilitation by completing the form located at http://www.fgcu.edu/cmtf/Tutorial14.asp. The Ombudsman Office will assign a facilitator acceptable to the group with the training and experience required to work in the case. In cases that may require a particular expertise not available among internal facilitators, the Ombudsman may decide to use an outside facilitator.

Ombudsman Office

The University Ombudsman Office was established by the State Legislature and reports directly to the President. The purpose of the office is to assist in resolving problems and conflicts within FGCU. The office serves as a prompt, impartial, and confidential means of facilitating dialogue between parties on campus, and as a means, apart from formal grievance procedures of resolving differences. Its purpose is to provide the highest quality and client-focused services for preventing, managing, and resolving conflicts. The Ombudsman’s Office promotes early intervention to reduce the negative consequences of conflict. When needed, follow-through and referral assistance are provided.

Once a problem is reported, the Ombudsman works with the individual to identify alternative responses for systematically addressing the matter. A plan is developed which seeks to minimize negative consequences for all parties and the University, while focusing on achieving a mutually satisfactory solution.

The Ombudsman’s Office is firmly committed to maintaining the confidentiality of those who use its services, including mediations provided through FGCU’s mediation service. To the extent possible, the discussions, issues, concerns, or problems presented to the Campus Ombudsman will remain in strict confidence.

The Ombudsman Office helps parties prepare to effectively use the open door policy and/or mediation or facilitation, and selects neutrals that are acceptable to the parties to act as mediators or facilitators.

B- Formal Conflict Management

(1) Contractual Grievances and Complaints

The University encourages the informal resolution of all problems using informal conflict management process whenever possible before the filing of a grievance or a complaint. Nevertheless, the availability of informal conflict management processes does not prevent or restricts in any way the right to use formal grievance or complaints established in collective bargaining agreements and contracts.
A grievance may occur when a bargaining unit member believes that any condition affecting his/her terms and conditions of employment is in violation of the Collective Bargaining Agreement (CBA). To get more information about faculty grievances go to http://www.fldcu.org/ohr/UFFagreement/article_20.asp

(A grievance may occur also by a non-unit faculty and Administrative and Professional (A&P) employees not covered by a CBA that believe their substantial interest have been affected by University action (6C10-5.020).
A grievance may also be filed by a USPS employee with permanent status in his/her current classification in case of suspension, dismissal, layoff, demotion, job abandonment, transfer or reduction in pay according to the rules contained in rule 6C-5.9.50 (4)
A complaint may occur when a USPS employee believes that any condition affecting his/her terms and conditions of employment is unjust, inequitable, or creates a problem. To get more information about employee’s complaints go to: http://admin.fgcu.edu/stathtml/hr/policies/griev.html.

(2) Discrimination Complaints

Florida Gulf Coast University affirms its commitment to ensure that each member of the University community shall be permitted to work or study in an environment free from any form of illegal discrimination, including race, color, religion, age, disability (or handicap), sex, national origin, marital status, and veteran status, except as otherwise permitted by law.

It shall be a violation of this rule for any officer, employee, agent, vendor, or contractor to discriminate against or harass, as hereinafter defined, any employee, student, or applicant for employment or admission. Discrimination and harassment are forms of conduct which shall result in disciplinary action pursuant to University Rule 6C10-5.016 and 6C10-5.022 and the terms of any applicable collective bargaining agreement as to employees, or action permitted by law or contract as to vendors and contractors. A complaint must be made in writing to the Office of Equal Opportunity Programs using Discrimination Complaint Form EOP-D100 (10-96) and following the instructions for filing this type of complaint. For more information go to: http://www.fgcu.edu/eeo/eeo_03_02.html.

(3) Sexual Harassment Complaints

Florida Gulf Coast University’s sexual harassment policy and procedures seek to ensure an environment that is free from sexual harassment. Such conduct is costly in human terms and seriously undermines the atmosphere of trust and respect that is essential to work and study for all members of the academic community.

All employees, students, and vendors must comply with both the spirit and intent of federal and state laws and regulations that relate to sexual harassment. The coverage of this policy extends to persons visiting the campus.

To file a formal complaint for discrimination or sexual harassment download the form at http://www.fgcu.edu/eeo/eeo_03_03.html

Whistle blower Investigations (FS, §112.3187 to §112.31895)

All FGCU unit administrators are responsible for displaying a positive, appropriate attitude toward compliance with laws, rules, and regulations; establishing and maintaining proper internal controls to provide for the security and accountability of university resources; be aware of the symptoms of fraudulent or other wrongful acts and respond to all allegations or indications of such acts

FGCU’s employees can make a complaint about a violation or suspected violation of any federal, state, or local law or rule which presents a substantial and specific danger to the public’s health, safety, or welfare or any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public resources or gross neglect of duty.

FGCU’s employees shall not dismiss, discipline, take any other adverse personnel action that affects the rights or interests of a person in retaliation for the person’s filing a WB complaint. This does not apply when the employee discloses information known by the employee to be false.

WB complaints must be forwarded to the university’s Inspector General (IG) for investigation. For more information on WB complaints go to the following web page: http://itech.fgcu.edu/general/complain.htm#WBInvestigations