Fighting the good fight

DISPUTE RESOLUTION could be used to deal with any form of conflict, including gang wars,  low-performing employees and hard-nosed bosses, according to  John Woods, an expert in the field. Woods, managing partner of NS&J Advisory Group and International,  recently conducted a five-day workshop on mediation skills at the Trinidad and Tobago Chamber of Industry and Commerce, Westmoorings. In an interview with Business Day recently, Woods, whose job has allowed him to work with some of the top agencies in the United States, explained that dispute resolution is one of the more productive means of dealing with conflicts involving anyone in the work place, and has even been used as a method to curb gang activities and riots. But for Alternative Dispute Resolution (ADR) to actually work, all parties involved must be willing to try it, he said. Woods, who works as an Adjunct Professor at the University of the District of Colombia, and who functions as an ADR neutral to resolve issues such as business, labor, employment and international disputes through various processes in the US.

He also functions as a panel arbitrator, mediator, conciliator and negotiator for the US Federal Government, the National Association and Securities Dealers, the Better Bureau and other business councils and labor organizations, Mapping out the history from the introduction of this method of solving conflicts, Woods explained that in the late 1800s, names and identifiable concepts of dispute resolution began to surface, but the process only began to gain momentum and be embraced as a means of solving disputes and conflicts in the 1980s. Woods pointed out that people have even claimed that evidence can be found in biblical texts to prove that dispute resolution was used in the days of Moses. He said that since its inception, ADR has grown tremendously, but lamented that some disputes end up being litigated anyway. Focusing on the issue of mediation, Woods explained that this is a voluntary process, where a neutral third party, who has no interest at stake, as an employer, supervisor or as an employee, is used to solve a dispute.

Woods explained that ADR can be used formally and informally. He further explained that there are a number of techniques that can then be used by the mediator, including joint sessions where both parties would be required to engage in direct discussions. There can also be civil diplomacy where the two parties are split up and the mediator takes the time to discuss the dispute with both parties privately, after which the issues are addressed in a general forum. He said that informal mediation takes place when a respected member of a community can intervene in a gang dispute to work as a mediator, to bring some sort of resolution to the issues affecting both gangs. Asked whether it was still advisable for companies to utilize ADR, Woods said yes. He went on to explain that when there is a dispute in a company, whether it is between employer and employee, or a supervisor and staff, the productivity is at an all time low. He said that no one wants their company to be producing at an all time low and by engaging in dispute resolution, it means that the issue could be solved amicably.

“If the employees are happy with the employer, then they would want to work for the company, and once the employee is working, that means that productivity would be high, and revenue and profits would be high,” explained Woods. Woods said that he has been to Trinidad on several occasions and had a chance to look at dispute resolution in this country from both at a formal and informal stand point and noted that the Mediation Act 2004 is consistent with the way Dispute Resolution Acts are conducted around the world. He said that debate is the essence of democracy, and pointed out that even if there is disagreement involved in an open or public debate this is not a bad thing. This, he added,  is considered healthy since the whole idea is to open a line of communication between the parties involved. Touching on the protest action undertaken by the workers at the Carib Brewery, Woods explained that this is a good example of an open debate, but the next question should be, how do we deal with this?

He said that one has to take into consideration that you are dealing with a corporation that’s in an industry that is vital to the economic viability of Trinidad, while on the other hand you are dealing with quality of life issues, because you have individuals here who are depending on their employment and income earning. He believes that if the individuals involved in the dispute carefully looked at all the issues, “they would figure out a way or mechanism to resolve the dispute, since this can have a ripple effect.” So what’s the secret to being an expert mediator? He says that the answer is having lots of  people skills. He said that getting qualified is one thing, “but the main thing that is needed is people skills, and this is something that can’t be taught.” He said that you must be able to understand body language, motivation and why issues can rise to certain level. He said that during the mediation you can use skills and techniques, but 90% of the time, it all comes down to “having people skills.”