Ministry of public health and sanitation Ministry of

Ministry of public health and sanitation & Ministry of medical services CONFLICT AND GRIEVANCES HANDLING ON PAS 1

Introduction q Planning for performance in an organization requires input from many people/parties q Even small and simple plans involve interaction between functional & staff operations q Whenever interactions take place we cannot miss conflicts q When these conflicts occur there is need to have an acceptable method to reduce or resolve them hence need for negotiations What is a conflict? q Process which begins when one party perceives that the other party has frustrated or is about to frustrate some concern of his/hers 2

Areas of conflicts may involve issues of : • • • Values/Beliefs – origin, upbringing and culture of the Appraisee Job Description – was he told what he is supposed to do? Is the job description clear? Misunderstanding on targets – were the targets handed down to the Appraisee, or were they mutually agreed upon? Poor communication Rating – appraisee may feel that he/she has not been rated fairly Moving from one task to another (lateral transfer) A party to a conflict is happy when level of frustration has been lowered to a point where no action; present or future, against the other party is contemplated This is normally achieved through the process of negotiation(first line of conflict resolution 3

What is Negotiation? “A process through which two or more parties seek an acceptable rate of exchange for items they own or control” Negotiation is part of the set of conflict resolution strategies that can be used in third party intervention in PAS 4

Key Points for Ensuring Successful Negotiations 1. Defining Scope of negotiation • • • Learn to read the parties needs Visualize possible gains and losses Compromise should be buzzwork 2. Understand the principles of exchange • • Clarify priorities, be ready to concede less important points Be flexible, it provides a sign of strength 3. Identifying objectives • • • Write down all the parties objectives and then put them in order of priority Express each objective in a single sentence Distinguish between wants and needs 5

4. Choose strategy • • • Always keep your negotiating simple and flexible Develop interactive competence Practice being silent around a negotiation table 5. Use an agenda • • • Try to set an agenda – it will influence the rest of the meeting Write an agenda in simple language and include things of each of the issues under discussion Arrive early for meetings so as to look relaxed and efficient 6. Creating the right atmosphere • • • Do not run a negotiation for longer than two hours without a break Begin all negotiations with uncontroversial points Stress the need for agreement from the outset 6

7. Making Proposal • • Put forward proposals with as little emotion as possible Use positive body language 8. Staying in Control • • Concentrate on the issues Avoid criticizing 9. Closing negotiation • • All parties should be convinced that the agreement is genuine Make concessions on minor issues to lessen intransigence on major ones 7

MEDIATION This intervention is mainly useful when both parties have established and confirmed your credibility and impartiality Important aspects include • • • Climate setting Reduction of tension Assisting parties to define issues Improving communication between the parties Establishing rapport Requisite Skills for Effective Mediation in PAS • • Credibility and trust Impartiality Keeping channels of communication open Self awareness Level verbal and non verbal communication skills Acute capacity to listen for clues to settlement Listening, repeating and clarifying 8

Important Aspects in Early phase of mediation Mediator should seek to: • Establish rapport and trust • Discover the real issues • Establish priorities • Grasp the dynamics of the situation • Promote a favorable climate for mediation Important Strategies in Later Phases of Mediation • Holding of joint and separate meetings where appropriate • Looking for real interests behind stated positions • Helping parties to understand the dynamics of the conflict situation • Promoting a favorable bargaining environment • Making supposals • Smooth concessions and trade-offs • Asking the parties to word agreements 9

Arbitration The art of resolution using facts, evidence and statutes. Critical Steps in Arbitration of PAS • • Appropriate climate setting Setting the environment within which issues of contention will be resolved Need an amicable and relaxed atmosphere Process of data collection, collation and verification Important in providing evidence and proof to arrive at conclusions Analysis of the claims provided by the parties in confidence Requires a lot of level and objective analysis of claims Communication of the conclusions to the parties concerned 10

Fundamental Attributes of the Arbitrator • • • Remains impartial during the arbitration process Considers problems that cause deadlock Reaches decisions enforceable by law Is knowledgeable about all issues affecting the parties Explains in clear and concise language the development at hand Important Skills for Effective Arbitration of PAS • • Enhance listening skills Improve climate setting and relaxing skills Solid grounding in law and other statutory provisions guiding the organizations at hand Effective skills in anchoring and chairing meetings 11

Note: • The arbitrator’s role in PAS proceeding is to decide on a fair agreement between the supervisor and the Appraisee and then enforce the ruling • Arbitration effectively bars arbitrators from leaving the table without reaching an agreement although in extreme cases another party can be called upon • It is vital to collect information available from both sides to enable the arbitrator to assess and make a fair conclusion. It is usually advisable to allow another person to pick the arbitrator. 12

The End 1 3 Performance Management