Why Outside Experts May Be Needed When Dealing With Workplace Conflict

When conflicts arise in the workplace, it’s often a good idea to consult with outside experts to … [+] find a solution.

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Workplace conflict is growing, creating difficult situations for HR leaders everywhere. But is it really an issue? An Association of Corporate Counsel (ACC) study reports the most common type of litigation, by a long distance (70%), is related to employment and labor. Workplace conflict experts explain why collaborating with outside experts is a good choice when dealing with workplace conflict.

Workplace Conflict: A Growing Trend

Zoe Wigan, head of resolution at workplace behavior and culture consultancy, Byrne Dean, has specialized in investigating and resolving workplace conflict for over 20 years. Wigan believes one reason for the increase in workplace conflict is that employees are feeling more empowered to speak their minds.

One of the driving forces behind this is that regulators are encouraging people to speak up by giving them tools and resources. She also notes that employers are encouraging employees to speak up, which she believes is a good sign.

The downside?

“It does create more immediate conflict, even if it’s undoubtedly a positive thing,” shares Wigan.

In addition, highly publicized court cases like the UK Post Office scandal and Ericcson lawsuit show that speaking up is not just a good, moral thing — it can also lead to personal gains. For example, in the Ericcson case, the whistleblower received a $249 million reward for speaking up.

However, workplace conflict is not just about employers and employees who have grievances — it can also be employee-to-employee. Case in point is a 2024 SHRM study that shows two-thirds of US workers experienced incivility in the workplace in the past month, and a third expected it to rise in the coming 12 months.

Why Using Outside Experts Is Beneficial

There are several reasons why collaborating with credible, third-party experts to investigate conflict can be crucial in reaching an early resolution of conflict — or even preventing it.

An obvious reason is that, in some cases, conflict cannot be effectively resolved by internal leaders and HR team members. This is especially true when those leaders and HR are involved in the conflict themselves, when the issue may be institutional or when other senior leaders are involved.

Wigan and Elena Paraskevas-Thadani, founder of US employment law and mediation specialist, EPT Legal, agree that it’s critical for employees involved in any workplace conflict to trust the process — independence is often a key part of this.

Ellen Waldman, VP of advocacy and educational outreach at the Institute for Conflict Prevention and Resolution, agrees. “What disputants embroiled in conflict are really looking for is an honest broker — someone they can count on to provide a fair process.”

She adds, “Outside experts typically offer more than process expertise. They have deep subject-matter experience and knowledge, as well as the skill set to navigate emotional issues with delicacy. Workplace conflict can be super-charged, touching on people’s deeply felt sense of dignity and competence. Neutrals who specialize in these disputes are able to facilitate difficult conversations with nuance and sensitivity — this helps with perceptions of fairness and satisfaction.”

In the United States specifically, guidance at both the federal and state levels supports the importance of hiring an outside investigator for impartiality. In some states, there is a firm requirement for due process for all parties in a sexual harassment claim, and a third-party expert’s impartiality supports this right to due process.

Last but not least, Wigan points to the fact that appointing an external investigator sets the tone that you are serious and “sends a strong message to the rest of the organization that you take conflict and employee concerns seriously and are prepared to deal with them.”

From Conflict Resolution To Conflict Prevention

The experts I interviewed suggest there are many benefits to emphasizing conflict prevention in the workplace. All emphasize it is rare for workplace conflict to happen out of the blue. If you have been trained in the silent symptoms of workplace conflict that simmer under the surface, you can often address the underlying causes before things blow up.

The key?

Leaders and HR staff need to be trained to listen to silent warnings.

According to Wigan and Paraskevas-Thadani, some of the more common silent warnings are:

Has there been a drop in productivity?
Are employees forming cliques?
Has staff turnover increased?
Are employees avoiding meetings or social events?
Are employees staying uncharacteristically quiet in meetings or reacting uncharacteristically negative to things?
Have you noticed other changes in behavior?
Are you hearing murmurs of discontent or complaint?
Is there an increase in sick leave?

Wigan’s advice?

“While some employees are outspoken when upset, it is more likely others are reluctant to cause a fuss by speaking out. It’s important to listen for quiet complaints that may be early signs of conflict and train your leaders and HR team to spot these early warning signs.

The Bottom Line

Workplace conflict can (and does) negatively affect your bottom line. While you might not find yourself in a significant lawsuit like the UK Post Office of Ericcson, there are both direct and indirect costs of workplace conflict.

Advice from experts suggests you not only involve outside resources for help when you are experiencing a workplace conflict, but that you also consider a more proactive approach to collaborating with these experts on how you might be able to prevent conflict.