Public Sector Dispute Resolution: The Post Pandemic Reality
- Shiv Martin
- Oct 25, 2022
- 6 min read
A practical look at fair process, challenging behaviour, AI-assisted complaints and staff wellbeing in government dispute resolution four years on.
If you handle complaints or disputes in the public or regulatory sectors, you already know the so called 'new reality'. The caseload is heavier than it was. The people contacting you are often more distressed. And the correspondence keeps getting longer, more complex, and more likely to have been drafted with the help of AI.
I first wrote about this in March 2022, when we were still living the post-pandemic reality and much of the strain felt like a spike, something we would manage through and then recover from. Reading it back now, what strikes me is not how much has changed, but how much has stayed and settled in. What felt like a temporary strain a few years ago has become the ordinary conditions of the work. The pressures I described then have not lifted. They have become structural. The caseloads are still heavy, the distress is still high, and new demands have joined them, from longer and more complex correspondence to complaints increasingly drafted or expanded with the help of AI.
So this is that article, rewritten with where I have landed, a few years on. Through all of it, one thing holds true - our ability to handle conflict with fairness, empathy and skill is what keeps the wheels of public trust turning. And the failure of our systems to provide meaningful, timely and human dispute resolution pathways has exacerbated the very challenges we were hoping to address.
Why Public Servants and Regulatory Staff Are Under More Pressure Than Ever
The Covid-19 pandemic left a lasting impact on our collective mental health, and engagement with conflict services work. Frontline conflict handlers in underfunded public service teams were feeling it acutely. From welfare agencies and hospitals to police, tribunals, and Ombudsman offices, public sector staff continue navigating intense workloads, heightened emotional distress, and rising levels of high-conflict behaviour. For many decision-makers and complaints officers, this new normal is difficult to come to terms with.
As public servants adapt to remote work, stretched teams, and personal challenges, one thing remains constant: our ability to handle conflict with fairness, empathy, and skill is what keeps the wheels of public trust turning.
Reading this back in July 2027, what strikes me is how little of it I would take out. If anything, the pressure has deepened. What felt like a temporary spike in 2022 has settled in and become structural. The caseloads have not eased, the distress has not lifted, and two newer pressures have joined them. Complaints and submissions are increasingly longer and more complex, often drafted or expanded with the help of AI. And the psychosocial hazards of this work, now formally recognised in work health and safety law, keep growing even as awareness of them does. The fundamentals I wrote about still hold, and while we've labelled the problems, the solutions remain elusive.
1. Fair Process Is Still the Best Starting Point
Even when outcomes don’t go someone’s way, the perception of fairness can make all the difference. A good mediator doesn’t dictate outcomes but they fiercely protect the process. That commitment to impartiality, clarity, and respect helps people feel heard, even if they disagree with the decision.
In the public sector, this means:
Taking the time to explain decisions clearly
Creating space for individuals to share their story
Ensuring access to interpreters or advocates if needed
⚖️ When people feel genuinely listened to, trust in the system grows even in moments of disappointment.
IIn 2026, the newer pressure is speed, now that AI can draft a decision in seconds. Responding faster is not the same as responding fairly, and people can tell the difference between being answered and being heard.
2. Go Beyond Positions - Explore Underlying Interests
Too often, we focus on what people are asking for without pausing to explore why.
Mediators are trained to dig deeper to ask open questions, understand core concerns, and explore collaborative options before jumping to solutions. This interest-based approach builds better outcomes and prevents future complaints.
For public servants, this means:
Avoiding default templates or legalistic responses
Listening for unmet needs behind the demand
Offering options or reframing decisions in ways that respect individual concerns
🤝 Taking this approach may take more time upfront, but it saves time (and complaints) down the track.
What has shifted since I first wrote this is the length of what lands in the inbox. Complaints are longer now, often drafted or expanded with AI, and it is easy to mistake more words for more information. What I often see is that the underlying interest can get buried under the volume. The skill has not changed, but it matters more, and can be harded to exercise. A few well-placed questions, asked early, will usually surface what a person actually needs faster than working through every attached page.
3. Understanding High-Conflict Behaviour Builds Resilience
Let’s face it, some behaviour in the public service space is deeply confronting. Many of the most challenging behaviours stem from fear, vulnerability, and trauma. These individuals are often navigating mental illness, disability, poverty, or a lack of support and their actions, while difficult, are a cry for help. When staff understand the why behind the behaviour, it becomes easier to stay calm, compassionate, and set boundaries.
For public service organisations, this looks like:
Training teams in de-escalation and emotional regulation
Building trauma-informed responses into policy and practice
Supporting frontline staff with coaching and peer connection
🧠 Building this skillset isn’t just good for clients it’s essential for the wellbeing of your workforce.
What has grown since I first wrote this is not just distress, but incivility. Public conversation has become more polarised, and some of that hardness now arrives at the front desk and in the inbox. It is worth holding a distinction here. Distress deserves patience, but abuse still needs a boundary, and staff wellbeing comes first. The task now is to stay compassionate about the emotion without absorbing the incivility, and to make sure your people are not left to hold that line alone.
4. Support Systems Make the Difference
Even the best-trained staff cannot carry the weight of high-conflict work alone. To build sustainable resilience, organisations must invest in systemic supports:
Regular supervision and coaching to provide a safe space for reflection.
Peer networks and communities of practice to share strategies and reduce isolation.
Clear escalation pathways so frontline staff know when and how to seek backup.
🌱 Strong systems reduce burnout and remind staff they are not alone in difficult work.
The one thing I would add now is a caution. Awareness of psychosocial hazards has grown, and in Australia they are now recognised in work health and safety law, yet the risk in conflict work keeps rising. Supports for the individual are not the same as changes to the system. Supervision and wellbeing programs help people recover after exposure, but on their own they do not reduce the workload, complexity and hostility that create the hazard in the first place. Reducing psychosocial risk means looking upstream at the system, not only downstream at the person.
So, Where Do We Begin when in comes to supporting staff in public sector dispute resolution?
We start by making sure public servants have access to the right tools, training, and support. Conflict resolution isn’t just for professional mediators it’s a core capability for everyone handling complaints, decisions, or emotionally charged interactions. To support this work, Shiv Martin Consulting offers in house reflective practice workshops as well as a structured three-level professional development pathway for dispute resolution and regulatory teams.
• Level 1 – Core Dispute Resolution Skills: For new starters or professionals working in complaints, case management or early resolution roles.
• Level 2 – Managing Challenging & High-Risk Interactions: For experienced conciliators, mediators, complaints managers and regulatory officers.
• Level 2 – Responding to the Use of AI in Complaints: For any complaints or dispute resolution professionals seeing an increase in the use of AI generated correspondence. • Level 3 – Community of Practice for regulatory professionals: For experienced staff committed to reflective practice and continuous improvement.
All 3 levels can be offered in-house, simply book a free confidential consultation to discuss your specific needs and we can tailor training to suit your team.
Frequently Asked Questions
1. How does a fair process build public trust? Even if the outcome isn't what the individual hoped for, a clear, respectful process helps them feel heard and that’s the foundation of trust.
2. Why focus on underlying interests? When we understand the why behind a request, we’re more likely to reach solutions that stick and avoid escalations or repeat complaints.
3. What helps manage high-conflict behaviour? Understanding that difficult behaviour is often rooted in vulnerability helps staff stay calm and set healthy boundaries with empathy.
4. What’s the role of mediators in the public service? Mediators bring structure, clarity, and compassion to complex conflict. These same skills can be embedded into complaints handling and frontline service delivery.
5. How can I help my team build these skills? Through tailored workshops, coaching, and resources. Get in touch to explore what’s possible.
Ready to Transform Conflict into Understanding?
Download my free Introduction to Conciliation Ebook.
Perfect for beginners or those refining their skills, this guide offers foundational knowledge and practical strategies to navigate conciliation with confidence. Download your free copy here.
Shiv Martin is a nationally accredited mediator, practicing solicitor, conciliator, decision-maker, and certified vocational trainer. With extensive experience in complex dispute resolution, stakeholder engagement, and team building across business, community, and governmental sectors, Shiv brings over a decade of unique and diverse expertise in Law, Management, Vocational Education, and Mediation.
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