2. Conflict Resolution, Problem Solving and Negotiation Workshop Trevor Slater Mast. Conf. Res. Conflict Resolution Practitioner

3. Who has made a complaint?

4.  Dissatisfaction arises as a consequence of a perceived discrepancy between expected and perceived performance  Satisfaction - performance substantially exceeds customers’ expectations  Dissatisfaction - performance falls decisively short of their expectations  When expectations are fulfilled there is a feeling of indifference

5.  Be listened to and not judged  To have their point of view understood and acknowledged  Treated with respect  To be given an explanation  To be given an apology  Have action taken (and kept up to date on actions)  To be treated fairly  Make sure it never happens again.

6.  Who complains? ◦ 97% are quite likely or very likely to tell others of a good experience ◦ 95% are quite likely or very likely to tell others of a bad experience  Handled well ◦ 88% will repurchase if complaint is handled well  How we complain? ◦ 43% prefer to make a complaint by phone ◦ 32% in person ◦ 10% in writing ◦ 14% by email

7.  Responsiveness ◦ 66% of organisations rarely or never encourage you to complain  Promptness -Complaining in person 56% expect resolution in the same day -Complaining by phone 46% expect resolution in the same day -48% of respondents would be dissatisfied if resolution of a written complaint took more than one week.

8. How can we meet a complainant’s expectations ?

10. Why do some people get on with people easy when others don’t or Why do we instantly like some people and others not?

11. ‘We tend to like people like ourselves’

12.  Voice  Writing - emails  Physiology  Common Ground  Breathing  Beliefs

13.  To create the right conditions for an effective exchange of thoughts and ideas.  Or to make it easier to get along with them and they with you.

14.  1 st Position – Self Orientated - Aware of self and own point of view ◦ “How does this affect me?” ◦ “How do I feel about this?” ◦ “The way I see things.”

15.  2 nd Position – Others Orientated - Aware of others position and point of view ◦ “Like stepping inside someone else’s skin”. ◦ “How would I feel if I was in their position?” ◦ “Put yourself in their place.” ◦ “The map is not the territory.”

16.  3 rd Position – Observer Orientated – The external objective ◦ “How would this look to someone else?” ◦ “What would my boss think” ◦ “How would this look on the front page of the newspaper?” ◦ “What would my Mum think?”

17.  Can you change your perspective?

18.  1 st Position – Self Orientated - Aware of self and own point of view  2 nd Position – Others Orientated - Aware of others position and point of view  3 rd Position – Observer Orientated – The external objective

19.  This person is intellectual, objective, rational and a good decision maker.  This person is steady, dependable, conservative and has perseverance.  This person is dissatisfied with the status quo, believes in no nonsense behaviour and tends to takes risks  This person is strongly preoccupied with sex and booze

20. Getting to Yes – Fisher & Ury  Separate the people from the problem “It’s not important who is right and who is wrong. We have a complaint, how can it be resolved” (Changing Perspective – move to 2 nd or 3 rd Position)

21. NEGOTIATING Negotiator starts with a solution rather than an exploration of the issues. Negotiator then defends that position. Parties trade offers & counter offers until they reach a solution which is acceptable to both. Style - Positional Bargaining

22. NEGOTIATING Negotiator attempts to understand the needs and interests of the other parties. Negotiator clearly expresses their needs and interests. Negotiator generates options to meet as many needs (of all parties) as possible. Style – Interest Based Negotiation

23. POSITIONS v INTERESTS POSITIONS THINGS YOU SAY YOU WANT DEMANDS THINGS YOU SAY YOU WILL OR WON’T DO UNDERLYING MOTIVATIONS NEEDS & CONCERNs FEARS & ASPIRATIONS INTERESTS

24.  Invent Options for Mutual Gain A couple of methods… Brainstorming Questions

25.  Invent Options for Mutual Gain “The Orange story” and “The Bruce Story”

26.  Finding Options for Mutual Gain Asking “why” – dig deeper to create more options that may resolve the dispute

27.  Finding Options for Mutual Gain Brainstorming Generate as many ideas as possible without evaluation, analysis or criticism Delete the impossible ones Critique the rest Finalise the option list

28. Read the example and...  Identify the needs and interests of both parties  List possible options for resolution  List some questions to ask the parties to help with the above

29. Why is it important to know if someone is telling us the ‘truth’?

30.  SCAN is a method of detecting deception and consists of 2 parts… 1. Obtaining Information 2. Detecting Deception

31. In the first instance or in a pure version statement… “Nobody ever lies, they just simply leave out information”

32. MISSING INFORMATION INDICATORS  Answering the question by not answering the question Q: Did you tell the sales staff you had a number of loans already? A: He knew all about my financial position.

33.  A change of pace/time in a written statement or information out of sequence -A statement time speeds up and slows down – measure the number of lines per hour and look for when it slows down or becomes faster -A statement time that moves around – starts in the AM moves to the PM and back to the AM

34.  Missing time = Missing Information - “a short time later” - “after a little while” - “afterwards” - “the next thing I knew”

35.  Changing pronouns or statement tense - Changing from ‘my’ to ‘the’ indicates distance and non-ownership of subject - From ‘I’ to ‘we’ – who is ‘we’ - From ‘I did something’ to ‘I would have done….’ (future tense sentence in a past tense statement) is not a true reflection of what happened

36.  Declaration of Innocence - “I didn’t do it.” - “I am telling you the truth” - Must be said prior to teaching the person to lie, i.e. in the pure version statement

37.  An out of place overstatement of innocent - “I want you to know… - “I was always taught to be honest.” - “I would never lie”

38. Exercise……  Read the statement from the victim and see if you can find any deception

39. THE MOST IMPORTANT RULE OF SCAN DO NOT USE IT ON FRIENDS OR FAMILY

41. Trevor Slater General Manager www.fscl.org.nz (04) 472 3725

42. Conflict Resolution, Problem Solving and Negotiation Workshop Trevor Slater Mast. Conf. Res. Dispute Resolution Consultant

43. Testing Your Options

44. It is imperative, for the debrief to be successful and have the most benefit, that it is conducted in a positive manner.

45. What is meant by this is that the person conducting the debrief will only seek positive aspects of the negotiation / conciliation / interaction

46. Two questions should be asked. They are: -What part was done well? - Was there anything that I would do different next time?

47. Exercise: One person briefly describe a recent negotiation / interaction / complaint. Second person conduct a debrief. Observer check that only two questions are asked. They are: -What part did you do well? - Was there anything you would do different next time?

48. Conflict Resolution, Problem Solving and Negotiation Workshop Trevor Slater Mast. Conf. Res. Conflict Resolution Practitioner

49. Background: AS 4269 ‘Complaints Handling’ published in 1995 and was first standard in the world for complaint handling AS ISO 10002 ‘Customer Satisfaction – Guidelines for complaints handling in Organisations’ released in April 2006 Generally speaking 10002 is a higher standard for complaints handling than 4269 Not overly difficult requirements

50.  What is a ‘complaint’? “An expression of dissatisfaction made to an organisation, related to its products, or its complaints-handling process itself, where a response or resolution is, explicitly or implicitly expected.” (“Product” also means “Service”)

51.  Guiding Principles ◦ Visibility ◦ Accessibility ◦ Responsiveness ◦ Objectivity ◦ Charges ◦ Confidentiality ◦ Customer-focused approached ◦ Accountability ◦ Continual improvement

52.  Prominent phone number and email address: At service delivery In brochures/handout material( statement of advice) Home page on websites Phone books Are your front line staff aware of contact numbers and CH procedures?  Don’t be afraid to use the word “complaints”: it has an unambiguous meaning to the public

53.  The provision of readily accessible information about the process  Flexibility in the methods of making complaints - the process for submitting complaints should be flexible (e.g. email,and include provision for oral complaints in other formats)  Toll-free or local free facilities for making complaints ( including outside business hours)  The complaints-handling process and supporting information should be easy to understand and use  Information should be made available on the details of making and resolving complaints

54.  Receipt of each complaint should be acknowledged to the complainant immediately  Complaints should be addressed promptly in accordance with their urgency (requires an initial assessment/escalation procedure)  Challenging but realistic timelines to be set  The complainants should be treated courteously and be kept informed of the progress of their complaint through the complaints-handling process.

55.  Due weight is to be given to the views of the agency and complainant  Complaints to be considered on its merits  Emphasis should be placed on solving the problem and not on assigning blame  Dealt with by person not connected to the complaint  Guidance in Annex C of AS ISO 10002

56.  Charges: ◦ Access to the complaints-handling process must be free of charge to the complainant  Confidentiality: ◦ Personally identifiable information concerning the complainant should be available where needed, but only for the purposes of addressing the complaint within the organisation and should be actively protected from disclosure

57.  Be open to feedback including complaints  Show commitment to resolving complaints by its actions (e.g. active implementation of AS ISO 10002)  Clear set of published values of the organisation and its role  Management actively seen to be implementing the values i.e. “walking the talk”

58.  Important to have reporting systems on complaints and improvement initiatives up to and including the governing body  Units responsible for identified systemic problems need to report back on implementation of corrective/remedial action

59.  Feedback ( including complaints) assists in identifying service, process and information inadequacies to be addressed through corrective action.  Organisations could:  explore, identify and apply best practices in complaints handling (SOCAP, Google)  foster a customer-focused approach within the organisation,  encourage innovation in complaints-handling development, and  recognise exemplary complaints-handling behaviour

60. Exercise  What benefits are there for all stakeholders of having a complaints handling process that complies with the International Standard?  Are there any disadvantages?  From a customer’s point of view what are the good things and bad things of telephone negotiation  From your point of view why is it hard and/or what are the challenges of negotiating by telephone?

61. Conflict Resolution, Problem Solving and Negotiation Workshop Trevor Slater Mast. Conf. Res. Conflict Resolution Practitioner

62.  Physical  Persists in complaining  Refuses to accept explanations  Demands responses within unreasonable time  Persists in contacting staff  Makes persistent, excessive, unreasonable demands  Is abusive, threatening or aggressive to staff  Changes the substance of the complaint  Involves many staff members agencies

63.  Appreciate their distress (anger, frustration, hopelessness, grief)  Set clear limits on acceptable behaviour  Be respectful in your actions, behaviour  Get support from your colleagues (manage your stress)  Everyone has a right to their own opinion.

64. Prof Paul Mullen & Grant Lester. Monash University  Don’t add to their complaints  Let more than one person deal with complaint.  Be transparent  Follow verbal discussions with written confirmation  Try to identify the realisable and the unrealisable.  Acknowledge the seriousness and import of their concern  Take threats seriously  Protect your staff.

65. Trevor Slater General Manager www.fscl.org.nz (04) 472 3725