Workplace disputes are consuming the time of many businesses. With staff reductions, this is wasted time that many employers cannot afford. Workplace conflict often leads to increased absenteeism and lower productivity and can lead to a personal injury claim for bullying.

So how can employers diagnose workplace disputes effectively while minimising the costs involved?

Traditionally disputes have been approached by either adjudicating on rights or pursuing power options (such as strikes). But there is another way, one that engages employees and can diagnose workplace conflict at its inception, namely interest-based negotiation.

This approach focuses on the interests of the parties to the conflict rather than focusing on what each can do based on their rights or power. Only if these negotiations do not work do the parties move to a rights-based approach such as legal action. A power-based approach should be reserved for those few conflicts that cannot be resolved by either of the other two methods.

Why should employers adopt the interest-based approach to conflict? Primarily because negotiating is less expensive than adjudicating rights or pursuing power options. Further, the approach results in a mutually satisfactory solution while the other two approaches are win-lose. Thirdly, with power-based approaches, the losing side may be resentful and vengeful. Interest-based negotiation, by contrast, builds conflict resolution skills and can equip employees with the skills to diagnose conflict situations.

Designing an interest-based resolution procedure involves certain considerations. The process should be arranged in a low- to high-cost sequence, minimising costs at the outset. It should allow for consultation with employees and representatives. Finally, it should allow for loop-backs, so if a dispute does move to a rights- or power-based approach, it can loop back to the negotiation stage.

Interest-based negotiation works best when there is early intervention, and training of supervisors is essential to ensure it is effective. Understanding the parties' interests and working towards a resolution can diagnose conflict at the outset, save money, reduce absenteeism and improve morale. A workforce that is united is smarter and more efficient.

Oisín Scollard is a Barrister and Director of Employment Clinic

www.employmentclinic.ie