Mediation
Published on Nov 19, 2015
Conflict Resolution Clip
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PRESENTATION OUTLINE
Agenda
- What is mediation?
- When can mediation be used?
- How mediation skills are useful in an organization
- Tips to resolving conflict in the workplace
- How does this relate to OD?
- Questions
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What is Mediation?
- Negotiation between two conflicting parties
- Facilitated by a neutral, third-party
- Used when a dispute is unresolved
- Assists the two parties in arriving to a resolution by offering solutions, relaying information and identifying main issues
There are several alternative dispute resolution methods available. The different types of dispute resolution methods are arbitration, early neutral evaluation, conciliation, negotiation, fact-finding method, MED-ARB (a combination of arbitration and mediation) and mediation. I am focusing on mediation specifically. Mediation is a negotiation facilitation that is conducted by a neutral third-party. Being able to properly mediate requires a high-level skill set and mediators need to be certified. Unlike some of the other forms of dispute resolution I had previously mentioned, no decision-making is made by the neutral third-party. Mediation is usually a short-term process that is hands on and task-oriented. Strong communication skills are essential for a mediator to possess when assisting in facilitating a dispute. As a mediator the main purpose is to facilitate the communication and negotiation process between the disputing parties. Some other functions of a mediator would be to offer creative problem solving solutions, acting as a middle man to relay information between parties in the case they can not be face to face, help the parties define what the issue is by framing issues, and help draft the final settlement if a resolution is found.
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WHen is Mediation used?
- Business Issues
- Community Issues
- Small Claims
- Divorce and Child Custody
- Interpersonal Disputes
- School or University Issues
- Criminal Disputes
Typically mediation is voluntary. In the state of Texas it is possible that mediation be court ordered through the ADR Act, which was passed in 1987. You might see mediation used to resolve business issues, community issues, small claims, divorce and child custody, interpersonal, school or university, or in criminal disputes. Mediation is a good alternative to going to court. Litigations can be time consuming and expensive and you are taking a risk to having a third-party decide the outcome or resolution. In mediation the decision is between the two conflicting parties. In a mediation often time there is negotiation and compromising done between parties to come to a resolution so it’s likely that these parties would want a say in what those trade offs are. Mediation really focuses on finding the underlying issues and helps parties reach solutions to satisfy interests. During the mediation process emotions are acknowledged and it is encouraged that both parties express these emotions and their stories. This gives participants a better insight into understanding what it is they want and feel as well as understanding what the other person may be feeling. Most research that I have done on the satisfaction and success rate of mediation shows that it has about a 70-80% success rate and people who participate in mediation are generally happier with the outcome as opposed to going to court. And of course, mediation can result in faster resolutions and lower costs.
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Mediation can be used in the workplace in order to resolve issues between co-workers and management.
Mediation skills can be useful in an organization:
-Faster than litigation
-Less expensive than litigation
-More privacy than litigation or arbitration
-The two disputing parties can come up with a resolution (with the help of the mediator)=More rewarding
-Help in achieving a “win-win” outcome for both parties
-Types of cases that would qualify for mediation within an organization: Employee backstabbing, hiring and promoting disputes and even discrimination can often benefit and get resolved through mediation. Any non-criminal inter-organization issue is appropriate for mediation.
A few things need to happen in order for mediation to be effective in the work place; the two conflicting parties have to want to find a resolution and be willing to put in the effort; they can not rely on the mediator to solve the issue: this is not their purpose. Mediation is a chance for the two arguing people to figure out how to solve their differences. It’s important that mediation not be used as a way to avoid a settlement or lawsuit. Another important factor is that the two people in conflict agree on the mediators who help facilitate. It’s important that each person feel that they can trust that the mediator facilitates a neutral environment while they come to a solution.
Often times large organizations have in house mediators and are referred to as ombudspersons.
-Faster than litigation
-Less expensive than litigation
-More privacy than litigation or arbitration
-The two disputing parties can come up with a resolution (with the help of the mediator)=More rewarding
-Help in achieving a “win-win” outcome for both parties
-Types of cases that would qualify for mediation within an organization: Employee backstabbing, hiring and promoting disputes and even discrimination can often benefit and get resolved through mediation. Any non-criminal inter-organization issue is appropriate for mediation.
A few things need to happen in order for mediation to be effective in the work place; the two conflicting parties have to want to find a resolution and be willing to put in the effort; they can not rely on the mediator to solve the issue: this is not their purpose. Mediation is a chance for the two arguing people to figure out how to solve their differences. It’s important that mediation not be used as a way to avoid a settlement or lawsuit. Another important factor is that the two people in conflict agree on the mediators who help facilitate. It’s important that each person feel that they can trust that the mediator facilitates a neutral environment while they come to a solution.
Often times large organizations have in house mediators and are referred to as ombudspersons.
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Tips to resolving conflict in the workplace
- Act Immediately
- Meet with all people involved in the conflict separately
- Arrange for everyone to meet together
- Pay attention to individual concerns
- Once you've heard all concerns then summarize the key issues
-Act Immediately: If there’s an issue it’s likely not going to go away on its own and can have a huge effect on productivity, environment and relationships. If there’s an issue it’s important to act fast and provide support and resources for the disputing parties.
-Meet with all people involved in the conflict separately: in an individual setting it may feel like a safer environment to get that persons perspective on the issue. It’s also important to go into a workplace mediation with a good understanding of what the individual issues are.
-Arrange for all people to meet: create an environment for each person to feel comfortable to share their views of the situation. It is important that the person speaking not be interrupted and be able to get their thoughts out.
-pay attention to all peoples involved concerns: make sure you are listening and understanding each persons concerns. If something was brought up on an individual basis but not in a public forum, do not try to bring this up. It’s important that all concerns that are mentioned be addressed. If able to take notes to keep track of everyone’s concerns.
-once you hear everyone’s concerns summarize the key issues: By restating the key issues it allows for good feedback to the participants to make sure they got their issues across clearly. By repeating the key issues it also can help any feeling of bias from the mediator but it’s important everyone’s issues are mentioned equally.
-Meet with all people involved in the conflict separately: in an individual setting it may feel like a safer environment to get that persons perspective on the issue. It’s also important to go into a workplace mediation with a good understanding of what the individual issues are.
-Arrange for all people to meet: create an environment for each person to feel comfortable to share their views of the situation. It is important that the person speaking not be interrupted and be able to get their thoughts out.
-pay attention to all peoples involved concerns: make sure you are listening and understanding each persons concerns. If something was brought up on an individual basis but not in a public forum, do not try to bring this up. It’s important that all concerns that are mentioned be addressed. If able to take notes to keep track of everyone’s concerns.
-once you hear everyone’s concerns summarize the key issues: By restating the key issues it allows for good feedback to the participants to make sure they got their issues across clearly. By repeating the key issues it also can help any feeling of bias from the mediator but it’s important everyone’s issues are mentioned equally.
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Tips to resolving conflict in the workplace
- Encourage the people involved to come up with solutions
- Reality test those suggestions
- Let negotiation happen
- Confirm satisfaction
-encourage the people involved to come up with solutions: it isn’t the mediators job to come to a solution. You’re there to facilitate and get the people involved to come up with a solution they can both agree on. It’s good to get at least a few solutions.
-reality test the options: it’s important that the solutions provided are do-able. You can encourage the group to think of the solution and why it may or may not work.
-let negotiation happen: if people start to negotiate and compromise to find a solution it’s okay to let this happen. If you are able to take notes it’s a good idea to write this down. It’s important not to get involved unless they seem stuck and need your help in getting back on track. At that point you can summarize what was achieved so far.
-confirm everyone is stratified when reaching an agreement before ending the meeting: if there has been a resolution it’s imperative that you make sure everyone is satisfied with the outcome. If not, this could result in further issues. If a resolution has not been found then a few more meetings may be necessary. Mediation is difficult and requires a special skill set and resolutions aren’t always found on the first try.
-reality test the options: it’s important that the solutions provided are do-able. You can encourage the group to think of the solution and why it may or may not work.
-let negotiation happen: if people start to negotiate and compromise to find a solution it’s okay to let this happen. If you are able to take notes it’s a good idea to write this down. It’s important not to get involved unless they seem stuck and need your help in getting back on track. At that point you can summarize what was achieved so far.
-confirm everyone is stratified when reaching an agreement before ending the meeting: if there has been a resolution it’s imperative that you make sure everyone is satisfied with the outcome. If not, this could result in further issues. If a resolution has not been found then a few more meetings may be necessary. Mediation is difficult and requires a special skill set and resolutions aren’t always found on the first try.
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How does this relate to OD?
Mediation would be beneficial in any organization. It not only helps resolve conflicts in a much less public way but it also helps increase productivity and helps to improve relationships within a workplace. OD consultants deal a lot with conflict. Having the knowledge to properly address issues is important since many OD consultants are often brought in to an organization when there is an issue. To be able to identify a problem is one thing but to have the certification and skill to assist an organization in solving an issue can be a great asset, especially if it is done in a way where the conflicting parties get to discuss the issues as well as come up with the solution.
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Resources
- Done, R. S. (1999/1/3). Resolving Conflict Within an Organization:Creating "Win-Win" Solutions with Mediation. Retrieved from http://www.siop.org/tip/backissues/tipjan99/3Done.aspx.
- Cridland, C. (n/d). Workplace Conflict Resolution Tips and Strategies. Retrieved from http://www.mindfulmediation.com.au/workplace-conflict-resolution/.
- American Bar Association. (n/d). Mediation, In What Cases Might Mediation Be Used? Retrieved from http://www.americanbar.org/groups/public_education/resources/law_related_ed....
- FindLaw. (n/d). What Is Mediation? Retrieved from http://adr.findlaw.com/mediation/what-is-mediation-.html.
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