Resolving conflict within the board

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Linda Laurance is an accredited mediator and governance consultant approved by NCVO. Here she outlines how good mediation can resolve workplace conflict, and looks at the kind of board-level disputes in which mediation might be useful.

Workplace conflict

Disagreements are a natural part of everyday life. Ideally they can develop into enlightening discussion and creative solutions, but in the workplace it’s vital that they are not allowed to become destructive. We all probably have experience of the damaging consequences at work of disputes that have been allowed to fester, generating factions and an atmosphere of mistrust. In the non-profit world, there is often the added ingredient of people’s passionate commitment to a cause, which may cloud objective thought and a willingness to compromise.

Many disputes originate in misperceptions and unmet expectations and can escalate at remarkable speed, to the bewilderment of those surrounding the people involved. So it’s always a good idea to deal with conflict as soon as it starts.

Boards and their trustees bear ultimate responsibility for the welfare of everyone in the organisation. They should know about or be alerted to any flashpoints for conflict that may have a serious organisational impact.

What is mediation?

Mediation is a tool to help those in dispute find a solution and move forward. The process is managed by a mediator whose role is to enable the parties involved to find common ground and reach agreement, where they (the disputants) have become too entrenched in their own positions to do so. The mediator remains neutral throughout. At its best, mediation is flexible, confidential, and can enable mutual respect and trust to be rebuilt where previously it had broken down.

Before thinking about mediation, it may be useful to remember some of the important characteristics of good mediation:

• it is totally confidential
• it usually takes place in a neutral venue
• it provides a safe environment in which parties can express their thoughts and feelings within the bounds of mutual courtesy
• it can result in steps being taken to resolve the problem that had not previously been identified
• it is not necessarily part of the legal process (see below), though any agreement reached can be legally binding
• it does not affect parties’ legal rights
• it enables the rebuilding of trust and working relationships
• it is cost-effective and can be set up at short notice

In addition, mediation can take place during an ongoing legal process, such as an employment tribunal appeal. Here lawyers can be in attendance.

Working with conflict at board level

An active board is one where trustees will undoubtedly disagree and there may be occasions when a serious dispute is brewing. At such times, a chair who has negotiation skills is an enormous asset to any board. They may be able to prevent a conflict from escalating, thereby avoiding long-term damage to morale and even to the organisation’s reputation. 

Your trustees and chair may not always be able to achieve a resolution without external help, in which case you will need to bring in a neutral third party. Sometimes you may be able to identify a suitable person in your organisation to play this role. If not, it is worth contacting a reputable mediation service provider which employs accredited mediators. The Civil Mediation Council holds a register of approved mediation providers. Fees will vary according to the type of dispute. Community mediation services are free.  

Other uses of mediation

Finally, don’t overlook the potential mediation has in a wide variety of situations in which trustees have a major stake. For example:  

• disagreements within teams, between trustees and staff, between chair and chief executive
• disputes between local authorities and public service providers
• contractual disputes between third sector organisations and service providers
• intellectual property disputes
• beneficiary complaints
• employment disputes  

It is an approach that could save your board and organisation time, money and discomfort!

Have your say

Has your board used mediation? Did it work? Have you had experience of conflict at a board level? How was the situation dealt with?

Have your say on the Governance forum.