Mediation and Stronger Project Management
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Transcript Mediation and Stronger Project Management
Mediation and Practicing
Project Management Skills
Clay Springer, PMP
Managing Director
Four Points, LLC
Adventures in Mediation
Tremendous growth experience
Never the same thing twice
Low Reward, High Reward
Success gets defined differently
Lucky you live . . .
For Today
Provide an understanding of the
Mediation Process
Highlight Project Management Skills
that are used during the process
Flag some of the Pitfalls that may
occur along the way
Recap some techniques in Mediation
that can be applied to your projects
Mediation and Project Management
Mediation shares several aspects with
Project Management
Mediation underscores the power and
importance of “soft skills”
Mediation skills serve to build stronger
Project Leaders
Conflict and Project Management
Some degree of Conflict is present in all
Projects
Conflict isn’t always a bad word
Success is in managing Conflict
Most conflict is managed through
negotiation
But sometimes the stakes are higher . . .
Conflict Resolution Methods
Negotiation
Mediation
Arbitration
Litigation
a
High
Communication
Low
Low
Formality
High
Low
Cost
High
Control by Participants
High
Voluntary
Low
Coercive
A Look at Mediation
Cooperative process to resolve differences
Practical, relatively informal, and direct
Empowers parties to retain control of their
decision
What Mediation isn’t:
Imposed solutions
One-sided
A legal proceeding
When does Mediation Work?
BEFORE Court
When Parties have difficulty
working face to face
When the Participants are ready
The Mediation Process
Fo
ru
m
St
ag
e
Set-up
Positions
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions
(context and completeness)
Interests
Separate Sessions
N
(probing, polling, confirming interests)
eg
Options / Solutions
ot
St ia
ag ti
e on
Agreement
Options
Mediator’s Confer
(caucus) in between
sessions
Positions vs. Interests
POSITIONS
INTERESTS
What the Party Wants
Why it is Important
“I want my money
back”
“I want a published
apology”
“I want them to stop
spreading rumors”
“I want the same
position back”
RESPECT
APPRECIATION
REPUTATION
SECURITY
APPROVAL
RECOGNITION
SELF-ESTEEM
Mediation seeks to understand, but not necessarily change, interests
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions
(context and completeness)
Separate Sessions
(probing, polling, confirming interests)
Options / Solutions
Setting the Stage
Agreement
Mediator’s Opening Statement
5 minutes
Gets peoples head in the game
Establishes trust in the people and the
process
Provides the ground rules for the session
Skills for Project Managers:
• Providing structure
• Building Trust
• Establishing Boundaries • Removing judgment from the equation
• Being Success Oriented • Reinforces your Role as Facilitator
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions
Advance Work
(context and completeness)
Separate Sessions
(probing, polling, confirming interests)
Options / Solutions
Agreement
10 minutes
Set-up
Meet your Co-Mediator
Review the Case Files
Recap Similar Cases
Agree on Approach
Skills for Project Managers:
• Preparation
• Surveying the Landscape
• Bonding w/ Team Leaders
• Clarifying Roles
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions
(context and completeness)
Separate Sessions
(probing, polling, confirming interests)
Options / Solutions
Summarizing Issues
Agreement
Parties’ Statements
5 – 10 minutes
Each Party gets a turn
Gets Parties thinking about solutions
Reining in Parties
NOT a gauge of potential success
Skills for Project Managers:
• Managing Emotions
• Creating ownership
• Keeping Parties on Point
• Note-Taking
• Keeping an open mind
The Mediators’ Caucus
Crucial component of the Mediation
Should be done after every round
Builds the relationship between the
Mediators
Opportunity to confirm what’s being said
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions
(context and completeness)
Separate Sessions
(probing, polling, confirming interests)
Options / Solutions
Agreement
One on One Sessions
Information Gathering
Separate Sessions
(context and completeness)
5 – 15 minutes
each
One or two Alternating individual sessions
Equal opportunity isn’t always equal time
Getting both sides of the story
Uncovering Relevant Facts and Information
Skills for Project Managers:
• Creating Rapport
• Depersonalizing
• Documenting Facts
• Focus on the Task at Hand
• Confirming Information
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions
(context and completeness)
Separate Sessions
(probing, polling, confirming interests)
Options / Solutions
Agreement
One on One Sessions
Getting at the root of the Mediation
Separate Sessions
(probing, polling, confirming interests)
5 – 15 minutes
each
Inventorying the important stuff “interests”
Open-ended and probing questions
Confirming key positions and interests
Skills for Project Managers:
• Active Listening
• Knowing Personal Bias
• Dropping Assumptions
• Avoiding tangents
Mediator’s Opening Statement
Parties’ Statements
Negotiation
Separate Sessions
(context and completeness)
Separate Sessions
(probing, polling, confirming interests)
Options / Solutions
Agreement
What the Parties can live with
Options / Solutions
5 – 10 minutes
Tempering expectations
Protecting interests
Gauging comfort levels
Tools for Project Managers:
• Focus on Stakeholders
• Proposing options
• Timing, Timing, Timing
• Creating ownership
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions
(context and completeness)
Separate Sessions
(probing, polling, confirming interests)
Options / Solutions
Agreement
Creating the Agreement
What both parties will walk away with
Agreement
10 - 20 minutes
(often joint)
Often no more than a page
Clarity with flexibility
The agreement they own
Tools for Project Managers:
• Validating Scope
• Closure with Stakeholders
• Documenting appropriately
Specific Techniques to Practice
Fact-Finding and Active Listening
Reframing
depersonalizes
underscores neutrality
Reflecting
gets feelings out
shows you understand
Open-Ended Questions
(remember: no therapy)
where you find the iceberg
gets Parties out of the shell
Summarizing
directs the focus of the
conversation
distills and confirms
Negotiation and Agreement
Identify “Currency”
often isn’t money
provides options
Pacing
Tempo and emotion are linked
Back in the Driver’s seat
Self-Checks
Your solution, or theirs
Keeping your stuff of the table
BATNA
Realistic possibilities
Regenerate ownership
Clarity
The best agreements are short,
simple, and straightforward
Navigating Trouble Spots
Trouble Spot
Anger
Poor Communication
Power Imbalance
Impasse
Cultural Differences
Strategies
Notice
Acknowledge
Translate
non-verbal
Deflate
Make
it safe
Balance
speaking time
Temperature
Check
Specify
Partialize
(chunk)
Role Reversal
Break
Reschedule
Reinforce
Sidestep,
defer
Evaluate
and
confirm
SavingorFace
Confront
Flag
misperceptions
Empathy
Separate
people from
problem
BATNAnon-verbals
Watch
Respect
Recap
Each step of Mediation pulls Project
Management Skills into Play
Successful Projects are those where the
Stakeholders own the Outcome
Mediation Reinforces the Role of the
Project Manager as Facilitator
When your Teams feel that you are there
for them, Winning comes easy
Questions?
Want to learn more?
Phone: (808) 521-6767
Email: [email protected]
Phone: (808) 741-6953
Email: [email protected]