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.

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.

Overview

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

With the right response, conflict can be an opportunity.

Thinking about Conflict Differently

• Conflict is inevitable;

• Conflict is an opportunity for learning, dialogue and understanding;

• There are strategies for resolution that are available and DO work.

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.”)

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.

The effects of conflict escalation include:

Interrupt the CycleIf 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 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 processa communication facilitator/coach

A mediator is not: a judge

an advocate for either party

MEDIATION

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.

TrustworthyCan be trusted with information that one party doesn’t want revealed to the other party.

• Terminations

• Non-selection/non-promotion

• Workplace harassment

• Work assignments

• Disciplinary actions

• Personality Conflicts*

Reasons for Workplace Disputes

Situations When Mediation Might Be Appropriate

●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

The Mediation Session

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.

Mediation Process

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

Problem-Solve

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.

 

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. 20© SHRM 2010

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, anddiscussing follow-up or next steps (if necessary).

•Get into groups of 3 •Decide who will be Mediator & Parties •Read Scenario •Make up any needed facts consistent with scenario •Mediate for __ minutes

Mediation Roleplays

? Questions…

Thank You.

Additional Sources

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)

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)