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content/wiki/community-policies/conflict-resolution-policy.md
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@ -6,13 +6,6 @@ parentDocument: null
outlineId: 1be5e147-bd86-4364-9700-8fef01959937
createdBy: Jennie R.F.
---
```yaml
git-location:
updated: 2024-02-24
initially approved:
review scheduled:
```
## Purpose
Disagreements in groups are par for the course. But ignoring conflicts, or managing them poorly, can deeply harm individuals and our whole community.
@ -29,24 +22,33 @@ Staff and community members must comply with the Baby Ghosts Conflict Resolution
## What policy should be used?
| **Who Can File** | **Type of Complaint** | **Policy Reference** | **Additional Notes** |
| Who can file | Type of complaint | Policy reference | Additional notes |
|--------------|-------------------|------------------|------------------|
| Directors, staff, members | Informal complaints of unacceptable behaviour | Code of Conduct | |
| Directors, staff, members | An interpersonal problem or dispute that is not a violation of the Code of Conduct | This policy | |
| Directors, staff, members | Informal complaints of unacceptable behaviour | [Code of Conduct](/doc/84d19c8f-6fab-475f-97a4-cae4d3a0c9e0) | |
| Directors, staff, members | An interpersonal problem or dispute that is not a violation of the Code of Conduct | *This policy* | |
| Directors, staff, members, public | Conflict of interest | Conflict of Interest Policy | Addressed alongside the organization's specific policy |
| Staff | Interpersonal issues | HR Policy, contact: ED | Used with HR guidelines |
| Staff | Compensation, performance, HR issues | HR Policy, contact: ED | Directly through HR procedures |
| Any party | Harassment or discrimination (OHRC) | Code of Conduct | May also pursue through Human Rights Tribunal of Ontario |
| Any party | OHSA-related harassment/violence | Workplace Harassment and Violence Policy | - |
| Directors, members, staff | Disputes with external organizations | - | Resolved per agreement's dispute resolution clause |
| Directors, members, staff | Non-compliance with conflict resolution | This policy | Non-cooperation may lead to disciplinary actions |
| Staff | Interpersonal issues | HR Policy | contact: Co-EDs<br>Used with HR guidelines |
| Staff | Compensation, performance, HR issues | HR Policy | contact: Co-EDs<br>Directly through HR procedures |
| Any party | Harassment or discrimination under the Ontario Human Rights Code | [Code of Conduct](/doc/84d19c8f-6fab-475f-97a4-cae4d3a0c9e0) | May also be taken to the Human Rights Tribunal of Ontario. See [Other redress](#other-redress) for the time limit. |
| Any party | OHSA-related harassment or violence | Workplace Harassment and Violence Policy | |
| Members, directors, officers, committee members, volunteers | A dispute or controversy arising out of the articles, the by-laws, or any aspect of the corporation's operations | By-Law No. 1, ss. 40-41 | Mediation panel, then binding arbitration. See the note below. |
| Directors, members, staff | Disputes with external organizations | | Resolved per agreement's dispute resolution clause |
| Directors, members, staff | Non-compliance with conflict resolution | *This policy* | Non-cooperation may lead to disciplinary actions |
:::tip
The by-law route By-Law No. 1, ss. 40 and 41, provides its own dispute resolution mechanism for disputes among members, directors, officers, committee members and volunteers: first a panel of mediators, then binding arbitration before a single arbitrator, confidential and final.
\nThis policy does not displace the by-law and cannot. Where both could apply, the internal process set out here is intended to be used first, and the by-law mechanism remains available. Anyone considering the by-law route should get legal advice before starting, because arbitration under s.41 is binding and not subject to appeal on fact or law.
:::
## Guiding principles
* Our Values apply in every interaction.
* Our skills and resources will be developed and used to resolve conflicts in a way that is Loving Justice–based whenever possible.
* Our values apply in every interaction.
* Our skills and resources will be developed and used to resolve conflicts in a way that is [Loving Justice](/doc/a8328f8b-efd4-4a8f-905b-960176e27bf1)-based whenever possible.
* All parties to a complaint will *actively participate* and strive to achieve a *collaborative* outcome at the earliest possible stage of the process.
* Information about a complaint will only be given to parties directly involved, Conflict Resolution Committee Committee members, and others on a need-to-know basis as determined by the committee.
* Information about a complaint will only be given to parties directly involved, Conflict Resolution Committee members, and others on a need-to-know basis as determined by the committee.
* The parties will be provided with clear and understandable reasons for complaint decisions. All parties will be provided with updates during the review process.
* Complaints will be dealt with promptly and resolved as quickly as possible.
* Review of complaints will be fair, impartial, and respectful, allowing all parties to have their perspectives heard.
@ -58,20 +60,19 @@ This process is Baby Ghosts' responsibility. Members have the right to request a
## Definitions
* **Conflict** and **dispute** are ongoing experiences of tension and misunderstandings, often leading to interpersonal discord. These terms are used interchangeably.
* The Conflict Resolution Committee is a standing committee of the Board to which unresolved formal complaints are sent for review and recommendations. The Co-EDs sit ex-officio on the committee unless restricted per the responsible contact people tables. The committee will designate a staff liaison for the purpose of serving as a responsible contact person.
* The **Conflict Resolution Committee** is a standing committee of the Board to which unresolved formal complaints are sent for review and recommendations. The Co-EDs sit ex-officio on the committee unless restricted per the responsible contact people tables. The committee will designate a staff liaison for the purpose of serving as a responsible contact person.
* A **complainant** is the individual lodging a complaint against another related individual, policy, or practice.
* The **Internal Advisor** is the Board-appointed mediator who facilitates the conflict resolution process. They work to achieve a satisfactory solution by acting as an intermediary and convening authority. The Board appoints one or more Internal Advisors annually from the Board, staff, or general membership based on their training, experience, and neutrality.
* A **respondent** is an individual against whom a complaint has been made, and/or someone responsible for the policy or activity complained about.
* **Responsible contact people (RCP)** are those who are accountable for assisting in conflict resolution and addressing formal complaints. They do not act as advocates for any party in the conflict. Their role is a neutral implementer of the policy. The assignments for this role are listed in the Conflict Resolution Procedures.
* **Responsible contact people** (**RCP**) are those who are accountable for assisting in conflict resolution and addressing formal complaints. They do not act as advocates for any party in the conflict. Their role is a neutral implementer of the policy. The assignments for this role are listed in the [Conflict Resolution Procedures](/doc/7b8efa70-1d51-41f2-b542-a4cb3b1ddd57).
* **Support people** are individuals not connected to the conflicts or disputes being addressed, which either the complainant or respondent may choose to have in attendance at mediation meetings.
## Responsibility for implementation
This policy acknowledges and respects the governance structure of Baby Ghosts, which states that the Co-Executive Directors are responsible for operations and activities, while the Board of Directors is responsible for matters related to board policy, decisions, activities, and governance.
Throughout these documents, **Co-Executive Directors** and **Co-EDs** mean the same thing. Baby Ghosts has co-directors, not a single Executive Director; where a procedure names a single Co-ED, it means whichever of them is not the respondent.
## Procedures
Please see Code of Conduct Procedures or Conflict Resolution Procedures.
---
Please see [Code of Conduct Procedures](/doc/5770d560-d239-4601-bd17-d1eb2f8426fc) and [Conflict Resolution Procedures](/doc/7b8efa70-1d51-41f2-b542-a4cb3b1ddd57).