Conflict Resolution: Difference between revisions

From Open Source Ecology
Jump to navigation Jump to search
No edit summary
 
(18 intermediate revisions by the same user not shown)
Line 1: Line 1:
=Introduction=


OSE takes conflict resolution as an opportunity, and we treat this opportunity seriously. Conflict is inevitable and it helps the organization to grow - if that conflict is resolved in a timely and costructive way. When a conflict arises, the two parties involved are required to either work it out directly, by mediation or by conciliation. Both parties reserve the right to closure. If either party does not gain sufficient closure, then that party has to the right to pursue such closure. Here are our guidelines:
=OSE Conflict Resolution=
#'''Preventive measures.''' All contracts and engagements between OSE and other parties shall include a "Conflict Resolution" section outlining potential breakdowns and resolutions in those cases.
#'''Right to closure. ''' If two people have a disagreement, the two parties involved are required to work it out between themselves. 'Working it out' means coming to terms where a healthy and positive working/living relationship can be had between the people.
#'''Right to Direct Resolution. ''' Two conflicted parties are encouraged to work directly with one another as the first step in conflict resolution.
#'''Right to Mediation.'''  If conflict remains unresolved, the OSE [[Board of Directors]] may be invoked for a resolution. Decisions of the Board are binding and final.
#It can be a good practice on Mediation for the first meeting to establish general guidelines and boundaries to support the two people. The meetings can be conducted using a menu of conflict resolution tools such as Process Dialoguing, Nonviolent Communication, or other models.


=FeF Conflict Resolution Process=
OSE takes conflict resolution as an opportunity, and we treat this opportunity seriously. Conflict is inevitable and it helps the organization to grow - if that conflict is resolved in a timely and constructive way. When a conflict arises, the two parties involved are required to either work it out directly, by mediation or by conciliation.


Process for attaining closure:
The first step is always to review existing contracts and policies, which resolve many issues without need for further action. Written contracts trump any controversy. Therefore, make sure that you understand the contract before signing on to it. If no written contract exists, then the Conflict Resolution Board may step in if both parties cannot work the issue out.


#Best route is personal resolution of conflict involving the relevant parties.
Mediation by the [[OSE Conflict Resolution Board]] is the next step. If both parties do not agree to this measure, then a case may be pursued by [[Binding Arbitration]] or in the legal system.
#If a satisfactory solution is not obtained, if it is avoided, or is otherwise not practical, then each of the parties has a right to request binding mediation. Binding mediation means that upon request, the other party is required to undergo mediation.
#To engage in mediation, the requesting party must submit an oral and/or written notice of grievance to both the other party and to the mediator. The grievance should contain a brief summary of the issue with key relevant facts, and it should also include a condition of satisfaction for resolution (ex., for me to have a resolution, I need x). The second party is encouraged to write a written response to the mediator and other party - of key issues with relevant facts from their own perspective. The intent of the written notice and response is to tame enflamed emotions - and to have both parties come to the meeting after having done some thinking and clarification on the issues involved. If the dispute is mild, then the written notice may be waived. It is required that both parties come to the mediation session with open minds - for example - such that the conditions of satisfaction are not set in stone and alternative solutions may be pursued upon mutual agreement. It is required that each party respect each other's right to a process and right to closure. Right to closure is that each party must feel satisfied that all possible steps were taken, and that each party is at peace. Each party reserves a right to call a mediation meeting within 24 hours of the point of submitting their notice - for the purpose of rapid resolution of sensitive, timely issues. The right of each party to pursue closure is deemed as a non-negotiable right - and engaging the conflict resolution process shall be prioritized over other activities at FeF until satisfactory closure is obtained by both parties. The reason for this is that relations on site need to be positive and healthy for the community - otherwise morale, productivity, and creativity are compromised in the community. This is especially important because of the close-knit nature of the community where people live and work together.
#If mediation doesn't provide a solution, binding arbitration shall be undertaken with a Conflict Resolution Board. The Conflict Resolution Board is a group of trusted protectors of the project. These are third parties (not currently members of Factor e Farm) with a more neutral viewpoint, who are professionals in human resources, startups, and enterprise development. The role of these individuals is to provide an objective suggestion in the conflict resolution process with the intent of doing the best for the project.
#The Conflict Resolution Board is presented with a written 1-2 page brief on the situation presented to them by the grieving party. They are requested to ask any questions for clarification, and are required to make an assessment of the situation in the form of a written suggestion as to a desirable course of action within 48 hours of receiving the grievance. The second party in the conflict also has a right to submit their point of view in a 1-2 page brief within 24 hours of being requested to do so by the grieving party. The number of the Conflict Resolution Board shall be 3-5 people, with majority of the members constituting quorum.
=FeF Conflict Resolution Board=
Conflict Resolution Board Members are:
*[[Cameron Colby Thompson]], CEO, Honest Policy; OSE Board Member
*[[Karien Bezuidenhuit]], COO of Shuttleworth Foundation
*[[Scott Blessing]], Executive & Leadership Coach, Inspired Leadership Now
*[[Stephanie Rosol]], SupporTED coach, human resources professional


=Radical Transparency=
Both parties reserve the right to closure. If either party does not gain sufficient closure, then that party has to the right to pursue such closure. This is to prevent any unclarity or ill feeling from lingering in an affected situation - to protect the interests of both parties. This procedure intends to invoking a more neutral and professional 3rd party to intervene and settle the issue in an honorable way. Closure between the parties is deemed upon both parties claiming so, or by closure being enforced via mediation that follows an attempt at direct resolution
'''''OSE is a learning organization.''''' To be a learning organization - we aim to learn from and improve upon our processes, structures, and standards. Part of this includes organizational and personal psychology. For open learning about organizational and personal dynamics, OSE chooses to publish as much as is practical:
*written grievances - these are opinions, so need permission of person making the grievance
*Agreements made and results can be published.
*and briefs, and other supporting documentation.  
*Can't talk about personal responses.
*Focus is on issue, not person. Don't publish person stuff, just issue stuff. Part of safe environment.


This is for the purposes of organizational Learning and Radical Transparency. This does not mean that third parties shall participate in the process. Only those directly affected by a grievance, the mediator, and Conflict Resolution Board if needed - shall be involved in the process. The results will be published after the resolution process concludes, in order to respect the sensitive nature of the process itself. There shall be no silent observers unless they are neutral third parties - not affected by the outcomes of the process - and the silent observers may take part only upon mutually-agreed permission of all parties involved in the conflict resolution process.
Here are our guidelines:
 
#'''Preventive measures.''' All contracts and engagements between OSE and other parties shall include a "Conflict Resolution" section outlining potential breakdowns and resolutions in those cases.
=Notes=
#'''Right to closure. ''' If two people have a disagreement, the two parties involved are required to work it out between themselves. 'Working it out' means coming to terms where a healthy and positive working/living relationship can be had between the people.
*Needs to address 'prenup clause' - preliminary agreement on breakup if 2 individuals in community are a couple.
#'''Right to Direct Resolution. ''' Two conflicted parties are encouraged to work directly with one another as the first step in conflict resolution.
 
#'''Mediation via Nonviolent Communication.''' It can be a good practice on Mediation for the first meeting to establish general guidelines and boundaries to support the two people. The meetings can be conducted using a menu of conflict resolution tools such as Process Dialoguing, [[Nonviolent Communication]] (NVC), or other models. As a first step to mediation, the parties in conflict must agree to a good faith effort at resolution via a third party mediator - using NVC or similar technique. OSE shall appoint a third party mediator in this case. If the case is not resolved, there are two options to settle: Right to Mediation or Binding Arbitration. At this step, the choice between Rigth to Mediation and Binding Arbitration is made by the party seeking closure.
<comments />
#'''Right to Mediation.'''  If conflict remains unresolved, a [[Quorum]] of the OSE [[Board of Directors]] shall function towards conflict resolution closure. To invoke the OSE Board, the [[ED]] must be contacted in writing by the grieving party - stating the nature of the grievance and the remedy sought. A special meeting must be held by a quorum of the Board as soon as quorum is established. Parties to the conflict shall submit themselves to a request for further information by the Board, and must respond to any requests within a 24 hour period. The Parties shall submit their information in writing, or by phone, or in person as directed by the Board. Decisions of the Board are binding and final. If the Board decides that it does not qualify for the task of conflict resolution, it may invoke mediation by a neutral third party, or other means at its disposal.
 
#'''Binding Arbitration.''' If the party seeking closure chooses Binding Arbitration, the formal [[Binding Arbitration]] process is invoked. In this case, both parties cover the costs involved in a 50/50 share.
[[Category:Conflict Resolution]]

Latest revision as of 21:22, 24 September 2025

OSE Conflict Resolution

OSE takes conflict resolution as an opportunity, and we treat this opportunity seriously. Conflict is inevitable and it helps the organization to grow - if that conflict is resolved in a timely and constructive way. When a conflict arises, the two parties involved are required to either work it out directly, by mediation or by conciliation.

The first step is always to review existing contracts and policies, which resolve many issues without need for further action. Written contracts trump any controversy. Therefore, make sure that you understand the contract before signing on to it. If no written contract exists, then the Conflict Resolution Board may step in if both parties cannot work the issue out.

Mediation by the OSE Conflict Resolution Board is the next step. If both parties do not agree to this measure, then a case may be pursued by Binding Arbitration or in the legal system.

Both parties reserve the right to closure. If either party does not gain sufficient closure, then that party has to the right to pursue such closure. This is to prevent any unclarity or ill feeling from lingering in an affected situation - to protect the interests of both parties. This procedure intends to invoking a more neutral and professional 3rd party to intervene and settle the issue in an honorable way. Closure between the parties is deemed upon both parties claiming so, or by closure being enforced via mediation that follows an attempt at direct resolution

Here are our guidelines:

  1. Preventive measures. All contracts and engagements between OSE and other parties shall include a "Conflict Resolution" section outlining potential breakdowns and resolutions in those cases.
  2. Right to closure. If two people have a disagreement, the two parties involved are required to work it out between themselves. 'Working it out' means coming to terms where a healthy and positive working/living relationship can be had between the people.
  3. Right to Direct Resolution. Two conflicted parties are encouraged to work directly with one another as the first step in conflict resolution.
  4. Mediation via Nonviolent Communication. It can be a good practice on Mediation for the first meeting to establish general guidelines and boundaries to support the two people. The meetings can be conducted using a menu of conflict resolution tools such as Process Dialoguing, Nonviolent Communication (NVC), or other models. As a first step to mediation, the parties in conflict must agree to a good faith effort at resolution via a third party mediator - using NVC or similar technique. OSE shall appoint a third party mediator in this case. If the case is not resolved, there are two options to settle: Right to Mediation or Binding Arbitration. At this step, the choice between Rigth to Mediation and Binding Arbitration is made by the party seeking closure.
  5. Right to Mediation. If conflict remains unresolved, a Quorum of the OSE Board of Directors shall function towards conflict resolution closure. To invoke the OSE Board, the ED must be contacted in writing by the grieving party - stating the nature of the grievance and the remedy sought. A special meeting must be held by a quorum of the Board as soon as quorum is established. Parties to the conflict shall submit themselves to a request for further information by the Board, and must respond to any requests within a 24 hour period. The Parties shall submit their information in writing, or by phone, or in person as directed by the Board. Decisions of the Board are binding and final. If the Board decides that it does not qualify for the task of conflict resolution, it may invoke mediation by a neutral third party, or other means at its disposal.
  6. Binding Arbitration. If the party seeking closure chooses Binding Arbitration, the formal Binding Arbitration process is invoked. In this case, both parties cover the costs involved in a 50/50 share.
Retrieved from "https://wiki.opensourceecology.org/index.php?title=Conflict_Resolution&oldid=312115"