Conflict Resolution

What is conflict?

For the purposes of this document, conflict is defined as a dispute between a user, member, guest, performer, artist, studio renter and any person that has a relationship with one of the aforementioned before and/or with the MoHA (the Museum of Human Achievement) that is, or has the potential to become, detrimental to the working process and any other kind of relationship. (NOTE: The content of this section can, of course, be applied to other working relationships in the MoHA governance, such as those relationships between their boards of directors, staff, artist in residency, contractors, to name a few.)

Addressing conflict

To support good working relationships, it is helpful to address conflict as it arises. Otherwise, chronic tensions can develop and communication may deteriorate, resulting in unpleasant, unproductive, and even harmful working conditions. It is also the case that conflict does not have to be a stumbling block in relationships; it can play a constructive role in clarifying what each person involved feels is important, thereby improving communication and helping to provide a basis for a resolution that can work for all involved.

Types of conflict and applicable policy

Type	Applicable Policy
Conflict of interest complaint	Conflict of Interest Policy
Community complaints involving interpersonal issues	Conflict Resolution Policy
Community or Contractor complaints involving compensation, performance, or other issues	Email (Zac) - Anonymous (FORM)
Formal complaints of harassment, discrimination, workplace safety, or violence	Code of Conduct Policy
Inter-organizational disputes	Terms of agreement for the shared project

Directors, community members, staff, contractors are obligated to comply with the MoHA Conflict Resolution Policy and related by-laws and policies as a condition of membership or employment. This conflict resolution policy is in the interest of creating a healthy and positive community for everyone, if conflicts arise that create an unsafe environment or participants refuse to put in a best effort toward the general structure of this resolution the board of directors will make a decision based on the best interest of community health.

Guiding Principles

The skills and resources of MoHA will be developed and used to resolve conflicts in a manner that is interest-based, understanding-based, facilitative, collaborative and fully participative whenever possible. Seeking external advice and expertise is recommended in cases of formal complaints.

Personal Responsibility and Engagement

All parties to a complaint will actively participate, and strive to achieve a collaborative resolution and outcome at the earliest possible stage of the process.

Confidentiality

Information about a complaint will only be given to parties directly involved and to others on a need to know basis.

Transparency

The parties will be provided clear and understandable reasons for decisions relating to complaints. All parties will be provided with updates during review processes.

Timeliness

Complaints will be dealt with promptly and resolved as quickly as possible.

Fairness

Review of complaints will be addressed with fairness, impartiality and respectfulness, allowing all parties to have their perspectives heard.

Thoroughness

Review of complaints will be thorough and as detailed as possible, based upon the information provided by the parties.

Accessible and User-Friendly

The process will be easily accessible and communicated to members. It is designed to be clear and as simple to follow as possible.

Training and Professional Development

The organization will ensure conflict resolution is a central part of annual board governance training and staff professional development, and set aside time and resources to do so.

Responsibility for Implementation

This policy respects the governance structure of The Museum of Human Achievement which provides that Operational activities are the responsibility of the Executive Director, and matters relating to Board policy, activities, decisions and governance are the responsibility of the Board of Directors.

Methods to address the conflict

An informal conflict resolution effort happens when a person seeks information, expresses their concern(s), engages the other party to the dispute in dialogue, and is able to resolve a dispute without recourse to a formal complaint.

When disagreements arise, it is expected that the parties involved will attempt to speak with each other about their concerns. In addition to the following considerations, both parties in this conversation will use the MoHA Code of Conduct as their guide for how to conduct themselves in discussing the dispute as well the guidelines in this document.

Direct discussion

Ideally, the first step for those involved in a conflict is to discuss the situation with one another. If there is need for additional information or if one or more of those involved could benefit from participation by others (for example, to provide counsel or emotional support), it may also be helpful to include them in the discussion, provided this is mutually agreed upon.

Informal facilitation

If the conflict cannot be resolved satisfactorily through direct discussion, the next step might be to bring in a mutually agreed upon third party (for example, another member of the MoHA community), who could play a neutral role in helping the parties discuss their situation.

Mediation

Mediation is a process in which a “neutral,” the mediator, helps disputing parties (and, if desired, their advocates or representatives) negotiate a resolution. Mediation may take place in a single meeting or over the course of several meetings. It is a voluntary process in which the mediator assists and supports the parties' own efforts to work through the conflict toward a mutually agreed upon solution. In mediation, the parties themselves determine the outcome and, working together, are able to fashion a resolution of their own design that fits their particular circumstances.

If informal resolution efforts do not achieve an acceptable outcome in a timely fashion, or to the satisfaction of the Complainant, the Complainant may submit a written formal complaint. A formal complaint requires written submission.

A formal, written complaint will be submitted to one of the Responsible Contact People below.

The written complaint must include:

• The Complainant’s name;
• Detailed information about what the issue is, the Respondent’s name, what has taken place, where, and when;
• Details of all prior efforts to achieve a resolution;
• The specific outcome(s) the Complainant is seeking.

Responsible Contact People for Formal Complaints:

• ED as Complainant – complaint is submitted to the Board of Directors.
• Member of the organization, or member of the public as Complainant - contact the ED. If the complaint is in relation to the ED, then the member contacts the Board of Directors or submits through Anonymous PORTAL which will go to ED and Board.

The Responsible Contact Person will immediately acknowledge to the Complainant the receipt of the complaint.

The Responsible Contact Person will forward the complaint to the Internal Advisor (if not self) within one (1) week of receipt. The Internal Advisor will then proceed as follows:

• The Internal Advisor will review the complaint to ensure all information is included as per above, and that enough information is present to be able to assess the situation and respond. If not, the complainant will be advised.
• The review will include assessing and making note of organizational by-laws, policies and codes that might have been violated.

Attributions:

This policy is based on the Dames Making Games conflict resolution policy and procedures as well as the Dancers Forum Compact.