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Conflict Mediation

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Conflict Resolution and Mediation Techniques

Text of Conflict Mediation

    Tech Prep Presentation to Area High School Teachers
    Collin County Community College
    Plano, TX
  • 2. What is Mediation?
    An attempt by two parties to resolve their differences or dispute.
    Assisted by a neutral third party.
    Purpose is to resolve a conflict and create an agreement.
    Does not replace the judicial system.
    Mediation proceedings are confidential and private.
  • 3. What is Mediation?
    A mediator only advises, only suggest.
    The resolution is up to the two parties using a signed, written agreement.
    Informal process.
    No judge or jury, no arbitrator.
    All parties must agree to the process, usually with a signed mediation agreement.
  • 4. A Conflict Mediation ProgramMediator leads the parties series of steps
    Identifying the problem(s).
    Listening to each other.
    Recognizing the feelings involved.
    Hurt, rejected, afraid, angry, arrogant, etc.
    Developing possible solutions.
    Taking responsibility for their part in the conflict.
  • 5. Mediation and Trial Comparison
    Trial assumes guilt and innocence.
    Mediation assumes no fault.
    A trial seeks to learn the truth.
    Mediation seeks to find an equitable solution.
    A trial deals with facts.
    Mediation deals with the feelings and perceptions behind the facts.
    In a trial, a judge makes a decision.
    In mediation, the disputants make the decisions.
  • 6. Peer Conflict Mediation
    The two conflicting parties sit with a trained peer and discuss their differences.
    The peer mediator guides the discussion to help the quarreling students find solutions to their conflict.
    Once the two parties agree, they each sign a contract that outlines what each will do to solve the problem.
    All mediation sessions are confidential.
  • 7. Nature of the Conflict?What conflict exists according to them?
    Is it all expressed?
    Are there additional points underneath?
    Whats the triggering event for this dispute?
    How interdependent are the parties?
    Is ther interference threatened or present?
    Destructive conflict spiral or a productive one?
    Do they know each other? How well?
    Are they locked in a relationship pattern?
  • 8. Positions and Interests?
    A POSITION is what I want or demand.
    An INTEREST is the underneath why I want it.
    Conflicts are most often the result of demands or incompatible positions.
    Opposing positions often seem irreconcilable.
    The interests beneath the demands lead the way to resolution, new outcome or option.
  • 9. Positions and Interests
    Interests related to each other
    Dont assume that interests conflict
    Dont assume that parties have conflicting interests.
    Explore shared and compatible interests.
    People often lack awareness of their interests.
  • 10. Options and Alternatives
    OPTIONS are resolutions that parties conceive together.
    An ALTERNATIVE is a resolution without the other party.
    To figure out an alternative, ask, what if I cannot agree to something with the person, what will I do..?
    Choose between a set of options and your best alternative.
  • 11. Mediation Process
    Stepping into anothers shoes.
    What are they saying/doing that for?
    What is their situation?
    Am I empathetic with this person?
    If I were in their situation, what would I do to get where I want?
    What are their needs/wants?

  • 12. Mediation Process



  • 13. Mediation Process
    Most common errors
    Jump from positions to options
    Jump from positions to commitment
    Mediators role is to:
    Explore interests
    Help generate options
    Help consider alternatives
    Facilitate commitment
    Maintain confidentiality.
  • 14. Mediation Process
    Helpful Tips:
    Everyone wants to be heard (and must be).
    Affirming interests not positions moves the process forward.
    Empathizing with both protect your neutrality.
    Create several options before commit to one.
    Make sure everyone understands the commitment in the same way.
    Be sure the commitment is doable.
  • 15. Analyzing Conflict Situations
    1. Defensive communication?
    Happens when they feel threatened.
    Will attempt to
    Impress or
    Assert that they are correct
    Total lack of listening or understanding
    Attacking, aggressive, and hostile behavior
    No conducive to resolution of the problem
  • 16. Analyzing Conflict Situations
    2. Hostile communication?
    Direct verbal assaults
    A person criticizes, ridicules, or makes fun of the other person.
    Often a prelude to overt action such as physical violence.
  • 17. Analyzing Conflict Situations
    3. Manipulative Communications?
    Often occurs in conflict situations.
    Attempts to interpret or reshape the conflict
    May try to:
    Misrepresent the facts
    Draw unfounded conclusions
    Claim misunderstandings

  • 18. Analyzing Conflict Situations
    4. Avoidance
    May change the subject to avoid confronting a topic that is threatening.
    May not respond to specific issues.
    May change the subject to unrelated matters.
  • 19. Analyzing Conflict Situations
    5. Evaluative Response? Sniping?
    Another approach that people may attempt when they discuss conflicts.
    One person makes a statement, then
    Other person does not respond directly.
    Other person evaluates or judges it.
    For example, that remark is so childish when asked to respond
  • 20. Conflict Styles
    Hard bargaining or might makes right.
    Pursuing personal concerns at the expense of the other party.
    Can mean standing up for your right, defending that which you believe is correct.
    Can mean simply trying to win.
  • 21. Conflict Styles
    Negotiating or two heads are better than one
    Working with someone to
    Explore your disagreement
    Generate alternatives
    Finding a solution that mutually satisfies the concerns of both parties.
  • 22. Conflict Styles
    Splitting the difference
    Seeking the middle ground solution that satisfies both parties.
    The middle ground is not always in the middle.
    It depends upon the number of points.
  • 23. Conflict Styles
    Soft bargaining
    Killing your enemy with kindness
    Yielding to another persons point of view
    Paying attention to their concerns
    Neglecting ones own concerns
  • 24. Conflict Styles
    Leave well enough alone
    Not addressing the conflict
    Withdrawing from the situation
    Postponing the issue

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