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content/wiki/community-policies/conflict-resolution-procedures.md
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@ -8,7 +8,7 @@ createdBy: Jennie R.F.
---
We do our best to resolve conflicts at the lowest possible escalation step (direct resolution), but agree to escalate conflicts (to assisted resolution) if they are not resolved.
### Reflection
## Reflection
1. Set aside some time to think through what happened. What was the other person's behaviour? How did it affect you? *Distinguish other people's **actions** from your **feelings** about them.* See [Behaviourally-specific feedback](/doc/307388aa-0e4e-44ce-abe5-b98b054ac3a1).
@ -23,7 +23,7 @@ A *direct resolution* process occurs when individuals communicate their concerns
### Have a conversation
When there is a disagreement, the involved people should first **communicate with each other** about their concerns. Both people should refer to the Code of Conduct to guide them on how to conduct themselves in resolving the dispute.
When there is a disagreement, the involved people should first **communicate with each other** about their concerns. Both people should refer to the [Code of Conduct](/doc/84d19c8f-6fab-475f-97a4-cae4d3a0c9e0) to guide them on how to conduct themselves in resolving the dispute.
1. Choose a time and place to meet that is private and agreeable to both.
@ -34,7 +34,11 @@ When there is a disagreement, the involved people should first **communicate wit
6. During the conversation, try your best to learn how to avoid miscommunication and misunderstandings in the future. Ask questions like, "If what I/you said or did came across that way, what can we do to prevent this from happening in the future?"
7. Keep a written record of the resolution of this conversation, agreed to by both parties.
> \[!tip\] Escalating Bandwidth Whenever a misunderstanding or conflict arises, **escalate the bandwidth of the channel**. If you're on Slack asynchronous text, move to Slack synchronous text at a planned time. From synchronous chat to an audio Huddle, audio to video. *Credit:* [*Joshua Vial*](https://joshuavial.com/loomio-conflict/)
:::tip
Escalating bandwidth Whenever a misunderstanding or conflict arises, **escalate the bandwidth of the channel**. If you're on Slack asynchronous text, move to Slack synchronous text at a planned time. From synchronous chat to an audio Huddle, audio to video. *Credit:* [*Joshua Vial*](%5Bhttps://joshuavial.com/%5D(https://www.enspiral.com/))*. The original post is no longer online.*
:::
## Assisted resolution
@ -42,22 +46,24 @@ When there is a disagreement, the involved people should first **communicate wit
If talking things out doesn't work, you can ask a responsible contact person for help in writing. Mention that you're making an *informal complaint* and seeking assistance.
#### Responsible contact people
**Responsible contact people, informal complaints**
| Complainant | First Contact | If First Contact Is the Respondent | Additional Steps If Needed |
| Complainant | First contact | If first contact is the respondent | Additional steps if needed |
|-------------|---------------|------------------------------------|----------------------------|
| **Staff** | Immediate supervisor | One or both Co-EDs | If the supervisor is both an ED and the Respondent, contact the staff liaison on the Conflict Resolution Committee. |
| **Executive Director (ED)** | Chair of the Board of Directors | Staff liaison on the Conflict Resolution Committee Committee | If the Respondents involve multiple directors, contact the Internal Advisor. |
| **Director** | One or both Co-EDs | Internal Advisor | - |
| **Member of the organization or member of the public** | Designated staff | ED | If the Respondent is the ED, then contact the Internal Advisor. |
| **Staff** | Immediate supervisor | One or both Co-EDs | If the supervisor is a Co-ED and also the Respondent, contact the staff liaison on the Conflict Resolution Committee. |
| **Co-Executive Director** | Chair of the Board of Directors | Staff liaison on the Conflict Resolution Committee | If the Respondents involve multiple directors, contact the Internal Advisor. |
| **Director** | One or both Co-EDs | Internal Advisor | |
| **Member of the organization or member of the public** | Designated staff | One or both Co-EDs | If the Respondent is a Co-ED, contact the Internal Advisor. |
When someone makes an informal complaint, the responsible contact person (RCP) will ask if they have tried to resolve the issue themselves and will talk to the Internal Advisor if necessary. Within two weeks of the complaint being made, the person in charge will work to settle the matter through the informal complaint resolution process. If one party refuses participation, a #Formal complaints and resolution|formal complaint may be lodged.
The first contact differs from the [formal complaints table](#formal-complaints). An informal complaint from a member of the corporation or a member of the public starts with designated staff, because informal complaints are handled at staff level. A formal complaint from the same person goes to the Co-EDs, because a formal complaint engages the executive.
#### Procedure
When someone makes an informal complaint, the responsible contact person (RCP) will ask if they have tried to resolve the issue themselves and will talk to the Internal Advisor if necessary. Within two weeks of the complaint being made, the person in charge will work to settle the matter through the informal complaint resolution process. If one party refuses participation, a [formal complaint](#formal-complaints) may be lodged.
**Procedure**
The RCP will speak with each person separately to hear their perspectives and to review the internal direct resolution process.
The parties will be invited to attend informal meetings, negotiations, facilitated discussions, or shuttle/in-person mediation. These invitations will be extended by either the RCP, the Conflict Resolution Committee, or the Internal Advisor. It may be necessary to hold multiple meetings in cases where there are multiple complainants/respondents.
The parties will be invited to attend informal meetings, negotiations, facilitated discussions, or shuttle mediation. These invitations will be extended by either the RCP, the Conflict Resolution Committee, or the Internal Advisor. It may be necessary to hold multiple meetings in cases where there are multiple complainants/respondents.
Depending on their training and neutrality, either the RCP or the Internal Advisor will act as a facilitator or mediator in the selected process.
@ -80,14 +86,14 @@ It should be submitted to the appropriate RCP.
*Seeking external advice and expertise to aid this process is recommended.*
#### Responsible contact people
**Responsible contact people, formal complaints**
| complainant Type | First Contact | If First Contact is the Respondent | Additional Contacts |
| Complainant type | First contact | If first contact is the respondent | Additional contacts |
|------------------|---------------|------------------------------------|---------------------|
| **Staff** | Immediate supervisor | One or both Co-EDs | If supervisor is Co-ED, contact staff liaison on Conflict Resolution Committee |
| **ED** | Chair of the Board of Directors | Staff liaison on the Conflict Resolution Committee Committee | If involving multiple directors, contact the Internal Advisor |
| **Director** | One or both Co-EDs | Internal Advisor | - |
| **Member of the organization, or member of the public** | One or both Co-EDs | Internal Advisor if the Respondent is the ED | - |
| **Staff** | Immediate supervisor | One or both Co-EDs | If the supervisor is a Co-ED and also the Respondent, contact the staff liaison on the Conflict Resolution Committee. |
| **Co-Executive Director** | Chair of the Board of Directors | Staff liaison on the Conflict Resolution Committee | If involving multiple directors, contact the Internal Advisor. |
| **Director** | One or both Co-EDs | Internal Advisor | |
| **Member of the organization, or member of the public** | One or both Co-EDs | Internal Advisor, if the Respondent is a Co-ED | |
The RCP will acknowledge receipt of the complaint within a week and forward it to the Internal Advisor (if not self). The Internal Advisor will then proceed to:
@ -96,11 +102,15 @@ The RCP will acknowledge receipt of the complaint within a week and forward it t
2. Assess and make note of organizational by-laws, policies and codes that might have been violated.
3. If needed, seek advice from external sources of expertise.
> \[!tip\] If the complaint involves multiple complainants or respondents who are staff and/or Directors or are non-HR contract disputes, seek external legal advice.
#### Updating the complainant
:::tip
When to get a lawyer If the complaint involves multiple complainants or respondents who are staff and/or Directors or are non-HR contract disputes, seek external legal advice.
Within one week of complaint receipt, the Internal Advisor will inform the complainant that they have carried out an initial review of their complaint, provide the complainant with a copy of this policy, review the direct resolution process, and communicate additional information required, including:
:::
**Updating the complainant**
Within one week of the complaint reaching the Internal Advisor, the Internal Advisor will inform the complainant that they have carried out an initial review of their complaint, provide the complainant with a copy of this policy, review the direct resolution process, and communicate additional information required, including:
1. If applicable, referral of the complaint to a separate process
@ -109,11 +119,11 @@ Within one week of complaint receipt, the Internal Advisor will inform the compl
4. That processes in relation to this policy may or may not result in disciplinary measures against the respondent
5. That the respondent will receive a copy of the complaint (with the complainant's name) if it is not resolved through informal resolution mechanisms
#### Procedure
**Procedure**
##### Notice to respondent
*Notice to respondent*
*Offer of direct resolution* The Internal Advisor will send the respondent a written complaint disclosure once the requirements have been met and they have ensured a direct resolution process is not jeopardized.
*Offer of direct resolution.* The Internal Advisor will send the respondent a written complaint disclosure once the requirements have been met and they have ensured a direct resolution process is not jeopardized.
1. A copy of the complaint
@ -122,11 +132,11 @@ Within one week of complaint receipt, the Internal Advisor will inform the compl
4. A copy of this policy
5. A request for a response within two weeks
6. An offer to facilitate direct resolution
7. If the Respondent does not reply within one week, the Internal Advisor will notify the RCP, who will then decide a course of action with the information provided to date. They may consult with the Conflict Resolution Committee Committee, as needed.
7. If the Respondent does not reply within two weeks, the Internal Advisor will notify the RCP, who will then decide a course of action with the information provided to date. They may consult with the Conflict Resolution Committee, as needed.
##### Initial response to the complainant
*Initial response to the complainant*
*Offer of direct resolution* Once the respondent replies, the Internal Advisor will send the following to the complainant:
*Offer of direct resolution.* Once the respondent replies, the Internal Advisor will send the following to the complainant:
1. A copy of the response
@ -136,7 +146,7 @@ Within one week of complaint receipt, the Internal Advisor will inform the compl
If both parties accept the offer of direct resolution, the Internal Advisor will arrange to facilitate the process within one week. This may include such processes as informal meetings, negotiation, facilitated meetings or shuttle or in-person mediation. The Internal Advisor may engage an external mediator if required.
#### Reaching an agreement
**Reaching an agreement**
Any resolution of a complaint that is agreed upon through direct negotiation must be documented in writing and signed by both the complainant and respondent. These "Minutes of Settlement" will be kept confidential and only shared with the Internal Advisor, Staff, Board, legal counsel, or other parties who need to know to fulfill their organizational duties.
@ -147,9 +157,9 @@ Considerations when agreeing should include:
2. Is the agreement realistic and durable?
3. Does the agreement in any way compromise the organization?
4. Are there elements of the agreement that impact the organization's operations, policies, reputation, external relationships or public perceptions?
5. Does it align with our Values and commitment to Loving Justice?
5. Does it align with our \[\[Values\]\] and commitment to \[\[Loving Justice\]\]?
#### If no agreement is reached
**If no agreement is reached**
If direct resolution fails, the Internal Advisor will forward all documentation to the Conflict Resolution Committee for review. The Committee may seek external advice and decide on a course of action, which may include:
@ -162,10 +172,17 @@ If direct resolution fails, the Internal Advisor will forward all documentation
## Other redress
An individual who is not satisfied with the outcome of a **harassment** complaint process may file a discrimination complaint with the [Canadian Human Rights Commission](https://www.chrc-ccdp.gc.ca/eng).
An individual who is not satisfied with the outcome of a **harassment or discrimination** complaint process may file an application with the **Human Rights Tribunal of Ontario**.
Under s.34(1) of the Ontario Human Rights Code, an application must be filed **within one year** of the incident, or within one year of the last incident in a series.
Using our internal process does **not** pause that year. Waiting for an internal investigation to finish is not, on its own, a good-faith reason for filing late. If you are approaching the one-year mark, file with the Tribunal to protect yourself and let our process continue alongside it.
* Human Rights Tribunal of Ontario: <https://tribunalsontario.ca/hrto/>
* Ontario Human Rights Commission, plain-language guidance: <https://www.ohrc.on.ca/en>
* Human Rights Legal Support Centre, free advice and representation: <https://hrlsc.on.ca/>
* Limitation periods, explained: <https://hrlsc.on.ca/how-to-guides/limitation-periods/>
## Acknowledgments
This work is inspired in part by the work of the Media Arts Network of Ontario led by Sheila Wilmot, January 2016.
![](/api/attachments.redirect?id=c0c60b0c-80bc-4916-88d1-9a8625e28dd0 " =1804x2216")
This work is informed in part by the work of the Media Arts Network of Ontario led by Sheila Wilmot, January 2016.