Workplace Mediation: Strategies and Techniques

1. Workplace Mediation: Strategies and Techniques

2. Outcomes • Knowledge of options for handling conflict • Understanding of process and application of workplace mediation • Hands-on experience with use of techniques • Awareness of some benefits of workplace mediation

3. Agenda • Conflict in the workplace (introduction) • Traditional approach (exercise) • Supervisory/Managerial options • Workplace Mediation • initial meetings (exercise) • face-to-face meeting (exercise) • Benefits of mediation • Evaluation & Closure

4. Process / Guidelines • Multi-sensory learning • Structured learning • All responsible for learning • Active/constructive coaching • Suspended judgement • Note taking

5. Interpersonal Conflict in Organizations Condition between two or more task-interdependent people experiencing strong emotion and critical behavior that disrupts work and morale in an organization

6. Consequences of Unresolved Conflict • Reduced decision quality • Lowered job motivation • Increased absenteeism • Increased health costs • Loss of skilled employees • Increased sabotage (work, equipment, reputation)

7. Well-Managed ConflictOpportunity • Clarify issues • Gain new understanding • Enhance relationships • Increase self-esteem and confidence • Heighten job motivation/performance

8. Conflict in the Workplace Three Contexts: Manager • Third party vs. Employee Employee • Third Party vs. Employee • Third Party Employee vs.. Customer

9. Supervisory Options AVOID • Ignore it • Separate/isolate • Terminate one or both parties • Threaten/discipline • Advise parties to work it out themselves • Counsel each party • Mediate in-house • Refer to outside mediation RECONCILE

10. Workplace Mediation • Process enabling third parties to assist employees: • to discuss interpersonal conflicts • to arrive at mutually satisfactory agreements

11. Workplace Mediation • A particular tool to have a conversation on a workplace conflict • A business meeting about a business problem • Simple to understand: challenging to perform

12. Purpose of Workplace Mediation • Reduce wasteful costs • Improve productivity • Enhances quality of communication/decisions • Build positive working relationship • Provides a new leadership role for supervisors/others

13. Potency of Workplace Mediation Involvement Commitment + = + Empowerment Creativity

14. Mediation Phases • Decision to mediate • Initial meetings (separate meetings with each party) • Prepare context • Face-to-face meetings • Follow-up

15. Decision to Mediate • Identify the costs of the conflict • Weigh costs/benefits of intervention • Consider alternatives to mediation • Develop plan for the mediation

16. Initial Meetings • Explain privacy and confidentiality • Explain process; your role as mediator • Discuss the disputants role • Surface fears and expectations • Identify issues • Diffuse emotion (opportunity for catharsis)

17. Initial Meeting - Practice Exercise Groups of 3 • Mediator • conduct initial meeting with the disputant • use reflective listening skills • Disputant • Challenge the mediator • use some emotion • Observer • keep track of time • help group learn from the experience Change roles, repeat until all three have been in each role

18. Preparing the Context • Location • Seating arrangement • Duration of meeting • Timing of meeting • Who should attend

19. Face-to-Face MeetingPreliminary Tasks • Provide emotional safety • Prevent withdrawal • emotion • physical • Support conciliatory gestures • Demonstrate patience • Encourage process

20. Mediation Process • Setting the stage • Uninterrupted time • Focusing the issues • Exchange of Interests • Generation of solutions • Forming agreements and contracts

21. Past Information Details Emotions Rapport Present Issues Interests Needs Chunking Summarizing Stages of Face-to-Face Meeting • Future • Alternatives • Options • Solutions • Problem Solving • Form Agreement Reflective listening at all three stages

22. Separate parties if: too tense too hostile locked in escalating spiral Allow Private expression of: motives sensitive subjects & issues alternatives Change the flow of the dispute: de-escalate/slow down escalate/speed up overcome deadlocks Caucus

23. Set Expectations Define roles Establish guidelines Facilitate process & communication Reinforce conciliatory gestures Clarify issues Highlight mutual interests Act impartially Minimize power imbalance Maintain confidentiality Help frame the agreement Mediation Checklist

24. Mediator Skills • Reflective listening • Chunking • Summarizing • Reframing • Matching and pacing • Problem Solving

25. Position Positions and Interests Interests • Underlying motivations (the “why” behind the position) • Concerns, fears, needs, desires, benefits What you decided you want in a particular situation Specific,predetermined solution (demands, terms) Interests are often rooted in human needs

26. Strategies to Elicit Interests • Reflective listening and summarizing at level of interests • “Chunking”—a linguistic manipulation to help uncover interest that underlie the positions stated by the parties

27. Reflective Listening • A special type of listening that allows mediator to capture the essence of the other’s thoughts and feelings and “play back” the essence to other in own words. • Gives proof to the disputant that they are hear and understood and builds rapport • Allows other disputant to take it in.

28. Chunking is shifting the conceptual or logical level of thinking. Chunking You Chunk-down to move from a general concept to a specific example (from interests to options) You Chunk-up to move from a specific example to a more general concept (from position to interests)

29. Chunking Questions Chunking Up: use to identify interest “If you were able to have X (the position)… What will having that do for you? How would tomorrow be different from today? How is it beneficial or useful? • Chunking Down: use in problem solving to elicit options • What is a good way of meeting that interest? • What, specifically, would help you meet your needs?

30. Chunking Exercise • Person B • Use chunking-up questions to move person “A” from position to interest • Use chunking-down questions to elicit options Person A Think of something you want in a negotiation situation State your position to person “B” Reverse roles and repeat process

31. Summarizing • Ability to state and get agreement on the main issues and interests of each of the parties and note similarities and differences.

32. Reframing • The ability to choose words that reframe and modify the meaning and interpretation of what is said by the disputants

33. Pacing and Matching • A mirror like matching of another’s verbal and non-verbal cues to build rapport and stay “in sync” with another Facial expression Hand gestures Body posture Voice tone, volume, inflection Emotional state Representational systems (visual, auditory, kinesthetic)

34. Problem Solving FOR EACH ISSUE Interests Options Evaluation of Options Selection among options Action Plan

35. Mediation Practice Groups of 3 • Mediator • Guide parties to reach an agreement • Use reflective listening,chunking, and problem solving skills • Disputants • Defend your positions • Use some emotion directed toward the other disputant • Offer conciliatory gestures after mediator has demonstrated skills Change roles, repeat until all have mediated

36. Contracting and Follow-Up • Make contract behaviorally specific • Have all parties sign the agreement is possible • Follow-up • memorandum of understanding • check-up meeting • evaluation

37. Some Benefits of Mediation • Alternative to litigation • Simple process • Low Cost • Private and confidential • Focus on problem/future • Creative solutions • Educational and empowering • Little risk

38. Reminders for Workplace Mediation • A business meeting about a business problem • Not personal counseling • Not a substitute for supervision • Candidate when the problem is relationship • Appropriate when conflict is hurting morale and productivity in the organization

39. Evaluation • Significant Insights • What I appreciated especially • Things I would change • I am going to...

40. Bibliography • Dana, “Conflict Resolution” • Fisher and Ury, “Getting to Yes” • Laborde, “Influencing with Integrity” • Moore, Christopher, “The Mediation Process” • Katz and Lawyer, “Communication and Conflict Resolution Skills” • Lax and Sebenius, “The Manager as Negotiator”