Conflict is a part of everyday life. Most caretakers deal with their fair share of conflict on a regular basis. While it might not sound ideal, it is the reality of the job. A lot of caretakers will have heard the expression before, but when it comes to managing conflict – relationships mean everything. This can ‘make or break it’ for you as a caretaker and it can be the difference between having a great working environment or it being a living nightmare. Fortunately (or perhaps unfortunately) this article is not so much focused on dealing with conflict from a legal perspective. Quite often the best solution is a practical one!
Assess the situation – As humans, it’s natural for us to become defensive in conflict situations. Before you do that, take a step back and assess the situation. Ask yourself a few questions. Is the criticism warranted? Does it demonstrate a failure on your part? Is it clear who is at fault? We often see that conflict is commonly caused by a misunderstanding of the obligations and responsibilities of each party under an agreement.
Most of the time it is evident who is responsible and what needs to be done to resolve the issue, however at other times it is not so clear. In those circumstances, it is best to refer the issue to someone independent of the conflict. We find that where conflict has led to a breakdown in relationship between the parties, having someone independent assist as a mediator is a great solution to avoid ongoing issues.
Responding to the conflict – It’s important to keep in mind that the issue is rarely ever personal. Take for example an email you have received about not performing a duty that comes across as a personal attack. More often than that person’s frustration or concerns are usually directed at the issue itself. When that happens, it’s best not to respond in haste and let your emotions get in the way of the issue.
Remember to act professionally towards the other person and not to give in to any name calling, finger pointing, ‘tit for tat’ blame, and the like. This type of behaviour will almost certainly inflame the situation and make matters worse for you. At the very least, it detracts from the issue at hand rather than taking a proactive approach to resolve it.
Dealing with the issue – You should always look for practical ways to deal with conflict. This might include calling the person or meeting with them face to face to discuss the issue. You would be surprised at how quickly conflict can be resolved if the parties take the time to talk about their concerns rather than being caught in back and forth emails. Where email exchanges are involved, we typically find that our clients will mistake criticism for defamation. By definition, defamation is a statement made against a person which is untrue and designed to harm that person’s reputation. This can be a grey area.
For example, if a someone wrongly accuses you of not performing a duty or has a misunderstanding of your obligations without any intention to cause harm, that in itself is unlikely to be considered defamatory. This is where it is important to assess the nature of the comments before making any accusations toward that person. Even if there is some suggestion of defamation, think about whether it is worthwhile to spend money on your solicitor and if it is likely to be a helpful solution in resolving the issue.
Reflect – Once you have dealt with the issue, or you have made a plan to resolve it, take some time to reflect on the conflict. What worked well and what didn’t? Think about anything that could have been done to avoid the conflict or how it could have been resolved it in the least confrontational way. It is critical not to end the conflict with bad blood in the air.
That will almost certainly result in ongoing issues and in some cases an irretrievable breakdown of the relationship. If an apology is warranted – make sure you do that, or otherwise be proactive and communicate how the issue at hand can be avoided moving forward. This is not only important for interpersonal relationships, but also as an overall risk management strategy.
It would be naive of us to assume that vindictive committees do not exist. Yes, unfortunately there are some committees who will go out of their way to make the caretaker’s life difficult. If you are experiencing that, it should not give you an excuse to be rude or hostile towards your committee. Remember it’s better to be assertive than aggressive. Above all, caretakers need to rely on positive relationships with their body corporate in order for the business to thrive.
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