Transcript introducingThe Mediation Approach

Effective Conflict Resolution
introducing
The Mediation Approach
By Tamiko B. Mckeiver Riley,
NSC Divisional Director of HR
Overview
Interpersonal conflicts are an inevitable part of organization
life, so
a key leadership skill is knowing how to resolve them in a
timely
And constructive way.
Overview
This training will introduce mediation principles and
techniques to enhance your ability to respond to
conflicts as they arise, and to “put out fires” by
improving communication and building understanding
between employees in dispute.
Training Agenda:
Part 1: Understanding
Conflict
•
•
Thinking about
conflict differently
The dynamics of
conflict escalation
Part 2: Responding
to conflict using
mediation principles
•
•
•
What is mediation
and the role of the
mediator
Interest/needs
based approach to
problem-solving
Active Listening
Part 3: Conclusion
•
Questions
• Conflict is inevitable;
Thinking about
Conflict Differently
• Conflict is an opportunity for learning,
dialogue and understanding;
• There are strategies for resolution that are
available and DO work.
With the right response, conflict can be an opportunity.
Defending
and by Attacking with
 their behaviour (“I’m not doing
anything wrong.”) and
 their character (“I'm being
reasonable.”)
 criticism of the other’s behaviour
(“You’ve broken the rules.”);
 criticism of the other’s character
(“You’re being unreasonable.”);
 threats (“I’ll speak to the manager
if…”) or insults (“You’re
incompetent.”)
The effects of conflict escalation include:
 distrust;
 communication breakdown as both
avoid hurtful interactions;
 misunderstandings that result from
unchecked assumptions;
 each person’s sense of legitimacy is
undermined by the other’s criticisms;
 minimal problem solving as each
spends energy on defending
themselves and attacking the other.
Interrupt the Cycle
If this cycle of conflict escalation is interrupted and reversed, it is possible
to build a cooperative problem-solving climate. It also increases the
chances of reaching a resolution that will meet everyone’s needs.
Conflict Resolution Through
Mediation
Three Approaches to Resolving Conflict
1. A Power-based approach uses force to make someone to do
something they would not otherwise do.
2. A Rights-based approach uses general standards, rules,
principles, policies or processes that apply to everyone.
3. Interest-based / Win-Win approaches seek to uncover and
meet the needs of all parties involved in a conflict.
*Adapted from Ury, Brett and Goldberg., Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict. The
Program on Negotiation at Harvard Law School, 1993.
MEDIATION
Mediation is a voluntary, informal dispute resolution process in which a
third party, the mediator, assists disputants to better understand one
another and to find mutually satisfactory solutions
The role of the mediator:
A mediator is:
impartial/”multi-partial”
in charge of the process
a communication
facilitator/coach
A mediator is not:
a judge
an advocate for either party
Mediator Characteristics
Neutral
While sometimes give opinions, the best role is to get the
parties to mutually decide how to settle their dispute.
Intelligent
Understands the nature of the issues.
Socially and emotionally intelligent; can read the parties
and chose the right tactics.
Trustworthy
Can be trusted with information that one party doesn’t
want revealed to the other party.
Reasons for Workplace
Disputes
•
Terminations
•
Non-selection/non-promotion
•
Workplace harassment
•
Work assignments
•
Disciplinary actions
•
Personality Conflicts*
Situations When Mediation Might Be
Appropriate
The Mediation Session
●Conducted face-to-face
●Relaxed and informal
●Focus is on resolution
●Representatives allowed (but not required)
●Usually lasts 1 - 2 hours
●Majority of conflicts can be resolved at mediation session
Mediation Process
Mediation is a process that moves through stages.
Introduction: Mediator introduces self and sets the
ground rules.
Problem-solving: Mediator uses various tactics to
help parties to reach agreement.
Agreement: Mediator helps finalize the agreement
(e.g., in writing) by getting a commitment from both
parties.
INTRODUCTION

Get the attention of each disputant

Separate them if necessary

Tell them you are going to listen to them one at a time

Use Reflective Listening Techniques to de-escalate each person
& explore their interests

Restating Key Points/Summarizing/ Paraphrasing

Reflecting Feelings

Reflecting Values

Encouraging

Clarifying: Asking questions that “ride”
Selective Perception
Looking at same thing but seeing it differently
Selective Perception
Not Seeing the Whole Picture
Choose one of the following approaches, based
on your assessment of the situation:

Involve the disputants in solving the problem. Use
reflective listening to help employees understand each
other & communicate what is important to them. Make a
decision that reflects what is important to each person.

Suggest possible solutions and ask employees for their
agreement or suggest a temporary solutions. All parties
must agree to find a more satisfactory solution at a later
time.
Problem-Solve
What Tactics Do Mediators Use?
• Pressure try to change (or lower) a party’s
expectations, push them to make concessions, etc.
• Processes to simplify the agenda, call for caucuses,
control the timing or pace of negotiations, teach
them about bargaining processes (give and take,
positions v. interests).
• Friendliness to gain trust and confidence, use
humor, let them blow off steam, speak their
language.
• Avoid negative emotions: control expressions of
hostility.
• Discuss alternatives: Discuss other settlements,
have them prioritize the issues.
© SHRM 2010
20
Agreement
Conclude by
affirming each person for engaging in the
process or making efforts to improve the
situation,
Noting in writing the outcomes and agreed
upon resolution, and
discussing follow-up or next steps (if
necessary).
Mediation Roleplays
•Get into groups of 3
•Decide who will be Mediator & Parties
•Read Scenario
•Make up any needed facts consistent with scenario
•Mediate for __ minutes
?
Questions…
Thank You.
Barriers in Mediation
•Korobkin, R. “Psychological
Impediments to Mediation
Success,” 21 Ohio St. J. on Disp.
Resol. 281 (2006)
•Stone, D. et al., Difficult
Conversations – How to Discuss
What Matters Most (1999)
Culture The Minnesota ADR
•LeBaron, Michelle, Conflict Across Cultures (2006)
•LeBaron, Michelle, “Culture-Based Negotiation Styles,”
Beyond Intractability (2003)
Additional Sources
The Minnesota ADR Handbook: A Guide to Mediation, Arbitration, and Other Processes for
Advocates and Neutrals, by Gary Weissman, Linda Mealey-Lohmann, Leslie Sinner McEvoy
(MN CLE 2011)