Workplace Conflict Resolution Tools: Mediations, Investigations and More

Course Instructor 
Kyra L. Hudson — Lawyer, Mediator, Workplace Investigator, North Vancouver

About the Course Instructor
Kyra Hudson was called to the bar in BC and became a member of the Mediate BC Civil Roster of mediators in 2005.

As a lawyer, mediator, investigator, and conflict coach, Kyra assists clients with matters in the public and private sector, in unionized and non-unionized environments, and in non-profit and for-profit organizations.

In 2019, Kyra was appointed to the independent investigation's unit of the Sport Dispute Resolution Centre of Canada and in 2022 appointed by the Office of the Sport Integrity Commissioner of Canada as an independent investigator and assessor.

Kyra often designs and supports conflict resolution processes in the post-secondary and sport sectors and has conducted mediations and investigations related to issues of discrimination, harassment, bullying, sexual misconduct, and code of conduct breaches.

• what is the purpose of respectful workplace and complaint procedures?
• what does this look like and how does this look in your environment?
• the impact of relying only on formal processes?

• defining bullying and harassment, etc.
• understanding the employers' obligations
• discuss the law—where do obligations come from

• reviewing conflict/complaint process options
• mediation, coaching, assessment, investigation
• how they work and when to choose them
• restoration: how to rebuild after an investigation?

• investigation fundamentals
• what an investigation is not (cross-examination)
• underlying concepts (due process, etc.)
• prima facie case
• possible challenges (pitfalls and case studies?)

• mediation fundamentals
• identifying barriers to managing the conflict informally and directly (why are we often choosing investigations?)
• what do the conversations look like
• how and when to discuss with parties, with unions, etc.
• active listening skills practice
• activation/role of the amygdala 
• brains in conflict: what happens in our brains during conflict
  
  • limbic activators
• why can this feel like harassment?
• the role of neutrality and early intervention

• am I the best person for this? (Is there another mediator, lawyer, investigator who might be a better fit for this environment, these parties, this conflict?)
• being aware of the environment (collective agreement, policy, applicable legislation) 
• using a Terms of Reference
• using an Agreement to Mediate

• what do I do when? (an array of issues)