Three AFE–ADB members—Julia Holz, Pablo Trillana, and Robert May—serve ADB and ADB staff as intermediaries in complaints processes. I recently asked them: “What’s in it for you, and what’s in it for ADB?”
Finding Solutions. Pablo Trillana responded that, as a lawyer, he considers conciliation an important part of his professional work. He noted that conciliation is increasingly used in the Philippines to declog the overloaded courts. He said that the confidentiality aspect of conciliation—complainants are assured that no part of the discussions can be used later in any continuing process—is greatly appealing to staff. The reward to the conciliator is knowing you have helped in considering alternative solutions that may lead to an early settlement.
Indeed, ADB decided to institute a conciliation step in its grievance process in 2002 precisely to cut down on the number of cases going to appeals and the Administrative Tribunal and to avoid the collateral damage they cause along the way of lost time, energy, and good will. Where did (BPMSD) look for conciliators who would be good at conflict resolution within the organization’s culture? The obvious answer—retirees.
The first two conciliators were Robert May (retired from ADB once as Resident Representative in Indonesia) and Pablo Trillana (retired from the Office of the General Counsel).
In 2004 Julia Holz (retired Principal Change Management Specialist and former head of Staff Council) replaced Robert May, who is now back on staff, heading the Office of the Special Projects Facilitator, where he conciliates complaints lodged by affected people against ADB projects.
Resolving conflicts. Julia Holz stresses that the conciliation process is one of resolving conflict by taking an “interest-based approach.” This means looking beyond the stated issues to find amicable resolutions. She says a conciliator must be a good listener to understand the person and must know the organizational culture in order to come up with solutions that may satisfy both sides. She says you have to think out of the box to find ways to satisfy both parties’ interests.
Pablo Trillana adds that even if a settlement is not reached, staff are often gratified by having a neutral party listen. Julia Holz notes that the process often helps preserve the staff member’s relationship with ADB, which is often something they actively wish to do. We can’t talk about actual cases—they’re confidential. (Jill de Villa notes that while she was head of Staff Council, at least two people who had gone to conciliation told her they found it helpful and valuable).
Robert May notes that his current work is very different in that he deals with complainants who are not ADB staff, but that the process is the same—bring people together, facilitate a solution. If both sides are willing, there is a good chance of finding a solution.
What is the conciliators’ success rate? The statistics aren’t tabulated. However, ADB wouldn’t keep the process going if it didn’t feel it is successful. Robert May noted that in the last 5 years, most external complaints (to the Office of the Special Projects Facilitator) are really seeking a solution, and that is likely why only 2 have gone beyond conciliation.
Here is a win-win solution for ADB and three retirees.