Restorative Practices in Workplaces The Workplace Conference BENDIGO

Restorative Practices in Workplaces “The Workplace Conference” BENDIGO HR Network 28 November 2019

Acknowledgments • The Traditional Owners • The Original Members of the Central Victorian Restorative Justice Alliance • Loddon Mallee Department of Education and Early Childhood Development • Centa. Care ( Catholic. Care) • Central Goldfields Shire Council • City of Greater Bendigo Shire Council • Victoria Police • Doxa Education • Maryborough Neighbourhood Renewal • Goldfields Local Learning and Employment Network • Loddon Mallee Department of Justice Dispute Settlement Centre • Child And Adolescent Mental Health Service • Bendigo Community Health Centre

ORGANISATIONAL JUSTICE Is the extent to which employees perceive workplace procedures, interactions and outcomes to be fair in nature Perceptions influence attitudes and behaviour (for good or ill) having a positive or negative impact on employee performance and the organisations success Principles of Organisational Justice may be considered “sound managerial practice”

RESTORATIVE JUSTICE Is about repairing or preventing further harm rather than punishment. It is widely used in schools and in the youth justice arena and has had significant success there. It involves everyone in the dispute or conflict and allows the individuals and their supporters to come together to look at the harm that has been done and decide what together what should be done to repair the damage. Principles of Restorative Justice are also highly effective in workplace conflicts.

Organisational Justice Restorative Justice Procedurally Fair Allows all affected to be heard Process / Policy Driven Outcome orientated Reduces and prevents any further harmful behaviour Outcomes imposed Repairs harm and restores better relationships Administrative / Disciplinary actions maybe taken Resolves conflict: holding individuals and groups accountable Costly Divisive Allows the group to identify what needs to change and empowers them in the process to move forward builds healthier relationships

Objectives of RJ DO NO FURTHER HARM Meet the needs of both the person harmed and the person responsible Respectful communication Listen Be heard Shared understanding of the harm and the fallout of the harm

RESTORATIVE PRACTICES IN WORKPLACES Based on the principles of Restorative Justice WORKPLACE CONFERENCES If you are in the problem then it’s best you are in the problem solving Allows all affected to be heard Reduces and prevents any further harmful behaviour; Repairs harm and restores better working relationships; Resolves conflict: individuals and groups take accountability; Allows the group to identify what needs to change and empowers them in the process to move forward. builds healthier relationships

Practitioners skills & attributes include: Facilitation skills Empathy Ability to assess and manage risk Demonstrate effective communication skills Be able to create a ‘safe space’ Trustworthy Manage conflict and aggression be and remain impartial and demonstrate this to all participants through words and actions

Assessing the Situation Clearly disputed accusation – requires formal fact finding Dispute between two parties – requires assisted negotiation WORKPLACE CONFERENCE Challenges of managing disputes and conflict in the workplace INTERACTIVE PROBLEM SOLVING Specific Conflict with no dispute or many disputes MEDIATION Disputes between several parties INVESTIGATION CONFLICT COACHING General Conflict in a large organisation COMMUNICATION WORKSHOP / TRAINING Adapted from David B. Moore David Williamson’s Jack Manning Trilogy: A study guide, Sydney: Currency Press, 2003 and “Managing Social Conflict: The Evolution of a Practical Theory” in Journal of Sociology and Social Welfare XXXI, no 1 March 2004

BEFORE A CONFERENCE Intake sessions 1 hour Series of Q’s to understand issues, impact and outcome Assist in crafting respectful responses Can be very emotional Create rapport to be able to hold a ‘safe space’ during conference DESIRE – to create no further harm Assess who needs to be at the conference

‘SAFE SPACE’ (1) What happened; (2) How people were harmed or otherwise affected; and (3) What needs to happen to repair or make amends for the harm, to make sure it does not happen again, and to bring about positive changes for all those concerned.

Is this Suitable for a Workplace Conference? Aim of the conference is to reconnect the affected parties. Are the parties willing to communicate with each other? volunteers to the process? to be honest about what has happened? listen? Do they give permission to be vulnerable about their feelings about what has happened.

THE WORKPLACE CONFERENCE Facilitator sets the scene for the conference Outlines ground rules Confidentiality Outlines issues raised Invites individual participants to contribute (Controls the conversation) Talk about the past The impact Allows for emotions (anger, hurt, disappointment, frustration) Invites other participants to contribute their story Talk about the past The impact

THE WORKPLACE CONFERENCE – cont’d After unpacking the story and exploring what has happened in the past Look at addressing things moving forward Current themes Communication Behaviour Respect Write up outcome Agreement signed by all participants Confidential Copies distributed

Case Studies Investigation Dysfunctional Team / Poor Culture / Multiple conflicts Workplace issue impacting on Community

WHERE ELSE Youth Justice (Diversionary Program) – Direct Communication Family / Domestic Violence situations (Restorative Practice) – Indirect Communication Institutional Abuse (Restorative Engagement Process) – No Communication Schools (Restorative Chats) Estate planning Aged Care / Mental Health / Disability sectors case conferences that include the individual in planning their care Advanced care planning with families Community Conferencing Centre for Innovative Justice - Restorative Justice Conferencing pilot for serious driving offences

What If HR Practitioners / Managers held the necessary skills to conduct restorative conversations and Workplace Conferences You could call upon each other as a resource to facilitate these issues in your workplace

What to do? Training (3 days) Coaching / Mentoring / Case Supervision – Ongoing Professional Development Memorandum of Understanding Build a Network Build Momentum

Staying Informed Central Victorian Restorative Practice Alliance Forum “Restorative Tuesday Practice and Building Stronger Communities” 24 th March 2020 (To be confirmed)

Great Restorative Work in Our Region Department Human Services – Aboriginal Family Led Decision Making Bendigo & District Aboriginal Corporation – Section 18 Children, Youth and Families Act 2005 - ‘Mutjang bupuwingarrak mukman’, which means keeping kids safe’ program Local Magistrates Court – Dr Michael King – Therapeutic Jurisprudence Environmental Protection Authority – Restorative Environmental Justice Centre for Non-Violence – making a. MENds Program (support fathers who have used family violence to make better choices in their relationships)

Resources Central Victorian Restorative Practice Alliance www. cvrpa. net/ cvrpalliance@gmail. com Australian Association Restorative Practice Margaret Thorsborne https: //restorativejusticeaustralia. org. au/ https: //www. thorsborne. com. au/ Angela Ballard www. angelaballard. com. au admin@angelaballard. com. au

EAP Plus Services Conflict Coaching Mediations Workplace Conferencing Investigations Culture Reviews Organisational Leadership and Management Coaching Mentoring & Retreats admin@angelaballard. com. au www. angelaballard. com. au M: 041 711 4918