Frequently Asked Questions

Employee Relations and Human Resource (ER/HR) professionals assist managers and employees of the organization in establishing, following and applying Human Resource-related policies and procedures. They may conduct formal investigations, make or modify policies, and accept formal notice of a claim on behalf of the organization. As a result, the ER/HR professional cannot always extend complete confidentiality to individuals who come forward with issues. The ER/HR professional’s role is not completely neutral because they are part of the management structure and they must directly represent and protect the interests of the organization.
An Outsourced Conflict Manager’s function is to provide informal assistance in surfacing and resolving issues. While we can recommend that an organization consider establishing or revising policy, we play no formal role in enforcing or deciding to implement policy. We do not conduct formal investigations. However, we do assist in identifying or creating options for resolution, including referrals to formal channels with investigatory powers. Because we are not part of the management structure of the organization, we do not accept notice for the organization and can extend near absolute confidentiality (except in the instance of imminent threat of serious harm, as jointly defined by the organization us). We act as a neutral party and do not advocate for the individual, groups or the organization. The only advocacy role is for fairness and equity.
The roles of the OCM and the ER/HR professional are not competing roles, they are complementary. When the two functions work together in an effective partnership, they can yield tremendous benefit to an organization by maintaining an environment that encourages the use of multiple options to surface and resolve issues and to improve systemic policies and procedures.

The Outsourced Conflict Manager role is quite different from that of a lawyer, who is associated with more formal processes and the legal system. An OCM maintains neutrality and impartiality when working with visitors, while a lawyer must advocate for his or her client and may use adversarial approaches to resolve issues. Though we at The Bardsley Group have legal training and experience with issues of the law, we do not provide legal advice.

No. An OCM works to manage conflict within an organization, whereas Mediation is a specific process used for conflict resolution. At The Bardsley Group, we are trained as mediators and often use mediation skills and techniques as one of many approaches to problem solving and conflict management. Sometimes, we write written agreements after parties have reached an agreement. However, the Outsourced Conflict Manager engages informally with visitors and will not retain written records for confidentiality reasons. If a written agreement is reached, others in the organization, such as the HR department, will retain that document in a file.

An OCM can:An OCM can:

1. Help organizations reduce costs related to conflict by resolving disputes informally and helping to avoid the waste of resources, time and energy of parties in formal grievance processes and litigation.
2. “Humanize” an organization by providing constituents with safe and informal opportunities to be heard; assistance in identifying options for managing or resolving concerns; facilitation of communication between or among conflicting parties; conflict resolution skills training; and upward feedback to management about trends in conflicts, hot-button issues or other matters of import to organizational leaders (see Question 9 for more).
3. Help keep top management abreast of new and changing trends within the organizational community. (See Question 9 for more).
4. Help executives and managers avoid spending excessive time attempting to resolve conflicts.
5. Refer individuals toward appropriate formal processes and resources within the organization.

The OCM is interested in being helpful to the leader, in the same way that the OCM is helpful to others within the organization. An OCM’s orientation is toward “fair process” so he or she is likely to be sensitive to the interests and concerns of a wide range of people. We are likely to have a different perspective than most others to whom organizational leaders listen.  We are likely to be familiar with multiple points of view regarding any given situation and be able to appropriately articulate the concerns of those whose voices often go unheard. We can also:The OCM is interested in being helpful to the leader, in the same way that the OCM is helpful to others within the organization. An OCM’s orientation is toward “fair process” so he or she is likely to be sensitive to the interests and concerns of a wide range of people. We are likely to have a different perspective than most others to whom organizational leaders listen.  We are likely to be familiar with multiple points of view regarding any given situation and be able to appropriately articulate the concerns of those whose voices often go unheard. We can also:

• Brief the leader on issues or ‘hotspots’ of which he or she ought to be aware, and the possible implications of those issues.
• Share what has been done so far to address the issues, taking care to maintain confidentiality.
• Identify serious potential problems that may be unforeseen or downplayed by management or employees.
• Create an opportunity for the executive to talk about things they might not be able to talk to others about.