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Transamerica Occidental Life Insurance CompanyHuman Resources

Printed in USA Primer on Managing Conflict HR 130 100

A PRIMER ON MANAGING INTERGROUP CONFLICT

IN A MULTICULTURAL

WORKPLACE

C O M M I S S I O N O N H U M A N R E L AT I O N S C O U N T Y O F L O S A N G E L E S

Los Angeles County Board of Supervisors

Gloria Molina First DistrictYvonne Brathwaite Burke Second District

Zev Yaroslavsky Third DistrictDon Knabe, Chairman Fourth District

Michael D. Antonovich Fifth District

Commission on Human Relations

Roberto Lovato PresidentRay Bartlett Vice President

Donna Bojarsky Vice PresidentSusanne L. Cumming Vice President/Secretary

Hay Yang Vice President

Rev. Zedar E. Broadous Morris KightVito Cannella Lea Ann King

Judy Peng Coffman Ruben LizardoAlbert DeBlanc Eleanor R. Montaño

Adrian Dove

Ron Wakabayashi Executive Director

Acknowledgments

This Primer was researched, developed and written primarily by Assistant Executive DirectorRobin Toma. However, it could not have been produced without the invaluable contributions ofthe Human Relations Commission staff, particularly Senior Staff Consultants Carole Chan,Eduardo Garcia, Reva Trevino, Frankie Maryland, Mary Louise Longoria, Celia Zager, andBorden Olive, as well as from support staff Maria Haro, Executive Director Ron Wakabayashi and(former) Assistant Executive Director Carol Iu. The Commission thanks individuals who sharedwith us their perceptions and experiences, reviewed drafts, and suggested changes.

September 1995Revised January 1996Reprinted November 1999

This booklet is made available as a public educa-tional service by: Transamerica Life Companiesand The County of Los Angeles Commission onHuman Relations, 320 West Temple Street, Suite1184, Los Angeles, CA 90012 (213) 974-7611

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Table of Contents

Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

I. Why Should You Read This Primer? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

II. Understanding Some Basic Concepts. . . . . . . . . . . . . . . . . . . . . . . . . . . 2

What is “intergroup conflict?” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Workforce Reduction and Intergroup Conflict . . . . . . . . . . . . . . . . . . . . . . . . . . 2Conflict and Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3How will this Primer help you? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

III. Strategies for Conflict Management . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Conflict Resolution Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4An Overview of Conflict Intervention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4How to Anticipate and Identify Potential Conflict . . . . . . . . . . . . . . . . . . . . . . . . 5How to Assess and Define the Problem. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6When You Should Seek an Outside Party to Mediate the Conflict . . . . . . . . . . . . . . 7

IV. The Mediation Process: Step by Step. . . . . . . . . . . . . . . . . . . . . . . . . . . 8

V. The Mediation Method at Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Case 1: The “English Only” Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Case 2: Blaming Accents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

INTRODUCTION

This Primer is intended to give managers astraightforward guide to recognizing and managing intergroup conflict in the workplace.

I. WHY SHOULD YOU READ THIS PRIMER?

Whether you’re a manager or supervisor,whether you’re facing the necessity of makingsevere cuts in budgets and staff, or simply han-dling the everyday tensions of work, you knowthat overseeing a multiracial/multi cultural staffcan be a complex task. Your decisions canhave the effect of creating, lessening, or alto-gether avoiding conflict among different racial,ethnic, or cultural groups. Managing conflictis one of the most important and challengingresponsibilities of any supervisor or manager.

Do the following scenarios sound familiar to you?

■ Discussion among employees about aracially charged public event, such as ahighly publicized court trial or police shoot-ing, has triggered divisions among employ-ees roughly along racial lines. Employeeswho once worked well together appear tobe having difficulty getting along.

■ The demographics of your workforce have dramatically changed over the last decade.As more women, Gay men and Lesbians,Latinos, Asian Americans and AfricanAmericans have joined your staff, employeedynamics have changed. Reports andrumors of discriminatory incidents cometo your attention. Lawsuits allegingunlawful discrimination have been filed byemployees and/or members of the public.Your company is having to dedicate moreand more of its assets to pay for lawsuitsettlements and jury verdicts.

■ As manager or supervisor, you receive the

order to lay off a quarter of your staff.After careful evaluation of your staffingneeds and other considerations, you givenotice to those employees that they will belaid off in two weeks. As word spreadsaround about who has been let go andwho will stay, it becomes apparent toalmost everyone that certain racial/ethnicgroups have been disproportionatelyimpacted by the layoffs. As time goes on,you begin to notice certain employeesavoiding contact with others. The divisionseems to be along racial/ethnic lines.Morale is low. Teamwork and productivitysuffer as tensions among employees rise.

What would you, as manager, do when facedwith these situations? The manner in whichsuch tensions are addressed may serve to exacerbate or ameliorate the conflict.

II. UNDERSTANDING SOME BASIC CONCEPTS

What is “intergroup conflict?”In human relations terms, “intergroup con-flict” refers to tensions or disputes involving anumber of people who group together on thebasis of race, ethnicity, national origin, lan-guage, gender, religion, age, sexual orientation,or any other group characteristic, and not juston the basis of some common experience.

Conflict between groups differs from conflictbetween individuals not only because of thenumbers of people involved, but becausegroups have a life and character of their own.For instance, rumors are repeated and oftenembellished as individuals within a group reinforce one another.

Workforce Reduction and Intergroup ConflictIn stable times, managers and supervisors areable to work on developing and maintaininghealthy organizations and work environments.When budgets and workforces are sharply cut,their work is greatly complicated. They must contend with employees who feel threatened,anxious, competitive, and even contentious.Nonetheless, managers and supervisors mustmake workforce reductions and reorganizationdecisions that invariably increase tensions.Because of historic employment patterns, the

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decision of whether layoffs are based on sen-iority, affirmative action, or work performanceconsiderations will have different consequencesfor intergroup relations. For instance, a seniori-ty-based decision might retain White account-ants, while laying off African American andAsian accountants. Even where seniority is thesole basis for selecting employees for layoffs,monolingual English-speaking employees, whoreceive layoff notices while bilingual Spanish-speaking employees are retained, might erro-neously presume that the criteria for layoffswas language and cultural skills in communi-cating with the target service populations. Alayoff decision that considered impact onworkplace diversity might retain female electri-cians while laying off equally qualified maleelectricians who have greater seniority.

Conflict and CultureThe diversity of cultures in a multi-racial/ethnic workplace can be a source of strength,productivity, and creativity.1 It can also be asource of conflict. Racial and cultural discrim-ination are present in many intergroup conflicts. Valuing cultural diversity can alsoplay an important role in managing conflict.

“Culture” can be defined as the beliefs, cus-toms, behaviors, traditions, skills, arts, etc., ofa group or of a people. Though culture maybe transmitted from generation to generation,it is often dynamic and changing.

Each of us is a member of many cultures,including those related to our race, ethnicity,gender, sexual orientation, age, socio-economicbackground, disability, and life experiences.Cultural influences and cultural bonds are every-where, and overlapping. For example, fourth-generation Mexican-Americans, who may be ascomfortable speaking English as Spanish, mightor might not be on the same side of a conflict asCentral American immigrants over a workplaceban on speaking Spanish. However, if the issueis discrimination against Latinos in layoffs, bothgroups are likely to be united against the per-sons responsible for the layoff decisions.

However, culture also influences perceptionsand understanding of conflicts not onlybecause it may lead us to take a side in a dis-pute, but also because it can determine how weare inclined to deal with tensions and conflicts.

For instance, culture may play a role in whetherwe value or resist negotiation as a problem-solv-ing method. We may view it either as a winner-takes-all proposition, or as a way for everyoneto get some of what they want and need.

In the negotiations themselves, culture alsoinfluences which behaviors signify respect ordisrespect to us, and what things make usflinch or flare up. Some cultures are not com-fortable empowering a representative to speakfor them, while other cultures may preferentrusting a representative or leader to settlethings. Some cultures may feel very reluctantto express their true concerns face-to-face withthe other side, while others may prefer con-frontation to settle a dispute.

While many people may feel comfortable withthe common sense principles that underliemediation and other conflict interventionapproaches, when they are under strain and thestakes are high, people react from their mostdeeply-held and often subconscious beliefs.

How will this Primer help you?We hope this Primer will provide managers theinformation and tools with which they canmore quickly and effectively anticipate, recognize and deescalate intergroup hostilities.With rapid recognition and intervention ofintergroup conflict, managers can avoid litiga-tion and other methods of conflict resolutionthat may be more costly to the organization inboth human and financial terms.

Note that this Primer is not meant to be a com-prehensive text on promoting diversity and pos-itive intergroup relations in the workplace2 andwith the communities served. Nor does it aimto provide extensive explanations of disputeresolution and conflict management models.

Rather, this Primer seeks to (1) briefly illuminatehow multiple cultures in the workplace affectsthe development and resolution of conflict; (2)point out some telltale signs of intergroup con-flict; and (3) present a step-by-step approachwhich might be useful in resolving or managingintergroup conflict, including some scenariosthat illustrate how mediation would result in adifferent outcome of the conflict than if othertypes of managerial responses were used.

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III. STRATEGIES FOR CONFLICT MANAGEMENT

A. CONFLICT RESOLUTION METHODS

There are a number of ways conflicts can beresolved. Not all of them will be suitable toyour situation.

Third Party Assistance (Mediation,Conciliation, Third Party Consultation)The mediator, conciliator or third-party con-sultant is a neutral person who is acceptableto both parties, and whose fundamental role isto assist the disputants to reach their ownsolution, not to resolve the dispute for them.This person takes an active role in discussionswithout taking sides, helping frame the discus-sions, facilitating communication and negotia-tions, promoting trust, and building positiveperceptions. Community Boards are a similarform of Third Party Assistance, except thatinstead of a person, a panel of trained volun-teers carries out the mediation.

ArbitrationArbitration is similar to Third Party Assistancein that disputants must agree upon a thirdparty who will listen to both sides. But incontrast to Third Party Assistance, the dis-putants agree to give the third party theauthority to decide on a solution. The arbitermay be a person or a panel. The disputantsagree in advance that the arbitration will be“binding,” that is, they will abide by whateverdecision the arbiter makes shall be final, or“non-binding,” which means either disputantcan reject the decision if they don’t agree. Litigation Resolution in the courts. Unlike Third PartyAssistance approaches, the judge has theauthority to decide which side is “right” andwhich is “wrong.” Sometimes this is the finalstep after all else has failed, or the conflict hasgotten to the point where all other methods ofresolution appear futile.

If intergroup tensions are ignored, they canoften grow into the type of conflict that ends

up being resolved by litigation, the most costlymethod of conflict resolution both in financialand human resources. While arbitration orhearing boards could be employed to addressa problem, placing all the decision makingpower in the hands of a third party has thepotential of leaving all the disputants unhappywith the outcome, since it is not their own.

This primer focuses on the less traditional,but often more effective tool of Third PartyAssistance — mediation, conciliation, thirdparty consultation — a method of conflictmanagement and resolution which has theadvantage of the disputants' commitment tothe solution because it is of their own making.

B. AN OVERVIEW OF CONFLICT INTERVENTION

All too often, managers only become aware of an intergroup conflict once it has erupted intomajor incidents, involving, for example, shout-ing matches or vandalism. At that point, inter-vention must focus on some fundamental steps.

1. Security Planning. Take steps to ensurethe safety and security of all employees,such as not permitting employees to stayafter hours when no security guards areon duty, etc.

2. Stabilize the Situation. By simply alertingthe parties involved that you will be settingup a meeting to address the underlyingissues, you have sent a message that thematter is no longer theirs alone to resolve.

You may want to issue a strict directivethat no further or only limited contactbetween the disputing groups shouldoccur until the meeting/mediation. Identify key individuals which can assist inadvising you of rumors, which should beconfirmed, dispelled, or clarified as quicklyas possible, so that they do not furtherinflame or distort the conflict.

3. Establish and Communicate WorkplaceGround Rules. If epithets or other offensivelanguage or graphics are being posted inthe workplaces, or hostile notes are beingleft on certain employees’ desks or otherpersonal work spaces, managers must makeit absolutely clear that such behavior will

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not be tolerated, and anyone caught will bedisciplined severely. This may also meanestablishing methods of working togetherso that employees at odds will not beplaced in a position that would likely fur-ther exacerbate the intergroup tensions.

4. Identify the Presenting Problem. Meetwith the individuals or groups involved tounderstand the source, or sources, of thetensions or conflict. This is discussed ingreater detail below.

5. Work through emotions. Give thoseinvolved the opportunity to express theiranger in safe and effective ways. For exam-ple, professional counseling should be madeavailable whenever possible. This also meansallowing employees to “vent” prior to anymeeting at which both sides are present.

6. Engage Disputants/Stakeholders. Onceyou have identified who the parties in dispute are, including others who may bedirectly affected by any resolution, youshould begin having conversations withthem, to understand all facets of the conflict and any potential resolution.

7. Move from Conflict to Problem Solving.Employing one of the methods of disputeresolution - mediation, conciliation, thirdparty consultation, arbitration - all ofwhich are discussed in more detail below,will make it possible to move the dis-putants from conflict to resolution.

C. HOW TO ANTICIPATE AND IDENTIFY POTENTIAL CONFLICT

The earlier managers can recognize signs ofintergroup conflict or conditions that have thepotential for triggering intergroup conflict, thebetter position they will be in to take preven-tive action, or to engage in conflict interventionand management. While it may seem that anincident arises suddenly, often there is tensionlong before the intergroup conflict incident.

Study your workplace environment andemployee interaction. Identify groups in the workforce which are in a position of competition and contention.

Keep tuned in to the informal communica-tions networks. If you don’t have systemswhich facilitate communication from the bottomup, set them up now. Anonymous suggestionboxes, bulletin boards, or regular sharing ofinformation at staff meetings are someavenues of communication which can allowemployees to freely express concerns. Get toknow those staff members who are respectedfor being fair-minded. When relations becomestrained, give them your attention before theproblem festers and spreads.

Make sure you consider the possible role ofcultural differences in assessing the source oftension. We are more likely to underestimatethe role of cultures in conflicts than to over-estimate it.

Take into account the differentials of poweramong employee groups, and how power rela-tionships intersect with issues of culture andgroup identity. The absence of complaints by aparticular group of employees, for example, cus-todial staff who are immigrants, does not alwaysindicate that they have no complaints about theirtreatment by other employees or managers. Theirreluctance to complain may be directly related tothe vulnerability they feel in this particular jobposition, and in general as immigrants in society.Managers need to proactively provide safeavenues for them to express concerns.

What conditions exist in the environmentwhere intergroup conflict takes place or wherethere is potential for intergroup conflict? Payattention to warning signs. Look for patternsof incidents or behavior.

Ask yourself these questions:

1. Have you seen an increase in self-segrega-tion during working hours by employeessuch as on breaks, or at lunch time?

2. Are there certain ethnic groups segregatedinto particular job categories?

3. Has there been contention over new workassignments or the selection of workingteams? Monitor recent demotions, reloca-tions and changes in supervisors for signsof conflict, especially where such work-force changes have a disproportionate

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impact on certain groups identifiable byrace, ethnicity, gender, etc.

4. Is there an increase in the number ofemployment-related rumors? Are employ-ees talking about further layoffs, transfers,or pay cuts?

5. Do you see intolerance or insensitivity onor near the time of ethnic and culturaldays of celebrations? Sometimes the cele-bration of special days by certain groupscan isolate others and highlight existingintergroup tension.

6. Are there graffiti, flyers, or other materialsor objects in and around work areas thatdenigrate certain groups? Are materialsbeing distributed or posted on bulletinboards and other areas that are demeaningto members of any group? These in partic-ular can aggravate intergroup conflict situ-ations.

7. Have there been racial or sexual jokes or slursin the workplace? This can indicate insensitiv-ity, which, if not dealt with, could lead tointergroup conflict. It may also point to scape-goating of groups during “bad times.”

8. Have incidents of vandalism targetedemployees or supervisors? If so, have youdiscovered information that indicates thevandalism was motivated by intergroupbias or conflict? These could be seriouswarning signs that intergroup tensionsexist in the department or work site.

9. Has there been a rise in the number ofcomplaints by the recipients of services inyour department or work site? Have thesecomplaints involved race, ethnicity, gender,sexual orientation, etc.?

D. HOW TO ASSESS AND DEFINE THE PROBLEM

Before engaging in intergroup conflict resolu-tion, a manager must assess by what meansthe incident or problem should be handled.Sometimes conditions are such that no conflictresolution strategies or mediation approacheswill help. Serious employee rights violations,violence and security issues, or other discipli-

nary requirements may require bypassing thisprocess altogether. Other situations may requireoutside assistance from trained mediators.

In assessing the intergroup problem, it isimportant to gather the core information ofthe conflict. Below are some of the questionsthat should be answered:

1. What do you know about the precipitatingincident? Usually there is an incident thatserves as entry point for intervention. Whatare the facts regarding this incident? Answerthe who, what, when, where, and how.

2. Next, get down the chronology of eventssurrounding the incident. If possible, findout what led up to the incident. After theincident, what took place? What actionswere taken, by whom, and when?

3. Assess the volatility of the conflict. Havethere been personal threats? Are therecharges of sabotage or vandalism? What isthe history of the conflict?

4. Determine the breadth of the conflict. Is itdepartment-wide or site specific?

5. Does it have the potential to spread toother areas or to include other groups? Ifit is limited to one site or department, dothe groups involved have regular interac-tion with another site or department?Does the other side or department havethe social conditions that make it fertileground for the conflict to spread to thatdepartment or site?

6. Who are the parties involved? Who are thestakeholders? How are they affected bythe intergroup conflict? How will thestakeholders be impacted by any potentialresolution of the conflict? Also, how arethe parties identified (racial, ethnic, genderor other identification)?

7. Are they formally or informally organizedas groups? To what extent can thesegroups be useful in a mediation or negoti-ation process? Could they select a repre-sentative or spokesperson? Could theyassist in gathering information about thehistory and nature of the conflict? Could6

they help disseminate information comingout of the mediation process? Would theybe useful in controlling rumors that wouldlikely exacerbate the conflict?

8. Are there groups outside the immediateconflict involved in the problem? If so,what are the connections between the par-ties and the surrounding community orneighborhood? How does this affect theintergroup conflict?

9. Are the tension levels sufficiently dimin-ished so that a mediation or other resolu-tion process could occur? For example,you could talk with each group withoutthe other group being present, and findout whether they are ready for productiveface-to-face discussions. Judge from thediscussion whether they can communicatetheir concerns to the other side withoutdegenerating into name-calling, or otherpersonal attacks.

E. WHEN YOU SHOULD SEEK AN OUT-SIDE PARTY TO MEDIATE THE CONFLICT

If you have identified intergroup tensions or con-flict, a question you should ask yourself is: Whoshould manage the conflict resolution process?Should it be you, another manager or employ-ee, or a team of individuals, managers andnon-managers from the inside? Or should youlook outside of your workplace for assistance?

One of the most frequent situations calling forsomeone outside of your department or work-place to mediate is when you, the manager, areperceived as part of the conflict. Your race,national origin, native language, gender, reli-gion, sexual orientation, age or other personalcharacteristic may in and of itself be the basisfor the perception that you would be biased inmediating a conflict involving a group of thesame trait. Or either party may see you asfavoring the other party.

Whether or not you agree with such a percep-tion, the fact that the perception exists amongthe parties is reason enough to render ineffec-tive your efforts to mediate. In those situa-tions, we suggest the involvement of a thirdparty for effective conflict resolution. If possi-ble, take yourself out of the direct manage-

ment of the conflict and participate in thesolution with the parties.

Even if you, as the manager, are perceived byall parties as unbiased, you may still not havethe personality, aptitude, skills, or desire to bea successful mediator or conciliator. The mostimportant traits are:

■ Cultural awareness■ Active, careful listening skills■ Ability to identify the interests of the

disputants■ Ability to focus the discussion■ Neutrality■ Plain talking■ Patience■ Reliability■ Personal integrity

A Special Explanation of “Neutrality”

Neutrality does not mean that the mediatordoes not have personal opinions regarding theoutcome of the dispute. No one can be totallyimpartial.

Rather, a neutral mediator is one who has no per-sonal stake in the outcome of the dispute beingmediated. A neutral mediator should not have arelationship with either disputant such that themediator may benefit or be disadvantaged by theactions or decisions of the disputant. The sameconcern applies to past or future relationshipsbetween the mediator and either party.

Neutrality also refers to the ability to remainneutral in the process. It comes down to thefollowing questions: Could you, as the media-tor, be confident that your opinions about theoutcome of the dispute do not interfere withyour ability to understand the views of the dis-putants? Are you sure that your own opinionwon’t lead you to favoring one side over theother when shaping the discussions? Will yoube capable of helping the parties make theirown decisions, without feeling the need toinfluence them to adopt or include you ownidea of what the outcome should be?

Multi cultural/multiracial dispute resolutionteams may be a smart option, since they mighthave more credibility to disputants, and couldbe illustrative of successful collaboration.

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The mediator may be called upon to assume avariety of roles3, which include:

■ The opener of communication channels,who initiates communication, or if theparties are already talking, facilitates better communication.

■ The legitimizer, who helps all parties rec-ognize the rights of others to be involvedin negotiations.

■ The process facilitator, who sets up proce-dures and usually chairs the mediation ornegotiation sessions.

■ The resource expander, who provides pro-cedural assistance to the parties and linksthem to outside experts — such as otherdispute resolution professionals, lawyers,technical experts, decisionmakers — andresources, such as additional bargainingchips to put on the negotiating table —that may enable them to enlarge accept-able settlement options.

■ The problem explorer, who enables disputants to examine a problem from avariety of viewpoints, to articulate basicissues and interests, and looks for mutuallysatisfactory options.

■ The realist, who questions and challengesparties who have extreme and unrealisticgoals, and helps build a reasonable andworkable settlement.

■ The scapegoat, who may take some of theresponsibility or blame for an unpopulardecision that, nevertheless, the parties arewilling to accept. This enables them tosave face, and where appropriate, gain thesupport of their constituents.

■ The leader, who takes the initiative tomove the negotiations forward by proce-dural or substantive suggestions.

■ The trainer, who educated unskilled,novice, or unprepared negotiators in thebargaining process.

IV. THE MEDIATION PROCESS: STEP BY STEP

A. PREPARING FOR MEDIATIONEven before any face-to-face meeting occurs,you as the mediator want to be sure the prop-er groundwork has been done. In addition tothe fact investigation, analyzing the parties’interests, thinking about formulating the termsof the dispute in a constructive way, youshould consider doing the following:

Speak to the parties individually in advanceto address any concerns or objections theymight have to you serving as the mediator.You may want to use this opportunity to goover the mediation process and stress yourrole as assuring an unbiased process, even ifyou may have, or be perceived to have, a biasas to the outcome.

Find out if differences in English languageability among the parties requires interpretersto be present. You should try to avoid the inequality inherent in forcing any of the par-ties to engage in the mediation in a languagewhich does not allow them to express her orhimself to the best of her or his abilities.

Determine if there are other imbalances inpower between the parties that would makethe more powerful party unwilling to engage inmeaningful negotiations. If such imbalancedoes exist, consider what actions can be takenprior or during the mediation to lessen thepower differential. This may mean simply talk-ing to the party about the potential negativeconsequences, which they may have not fullyconsidered, that may flow from the failure tofind a mediated solution. Giving training onnegotiation skills to both parties before themediation may help “level the playing field.”

B. OVERVIEW OF THE MEDIATION ITSELF

Here is an overview of the mediation process,stage by stage. It is taken from the handbook“Mediation Across Cultures.” (The basic

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principles of mediation are applicable as well tothe conflicts between organizations and the populations they serve, though other kindsof information may be needed, and the issues toconsider in the process can be more complex.)

Stage 1: Opening the Mediation. This stagesets the tone for the mediation as an informalparticipatory process in which first names areused, individuality is respected, and confiden-tiality may be necessary as a precondition foropen discussion. (It should be noted here thatsome cultures are more formal than others andfirst names may not always be an acceptableform of address. Be sure to ask the partici-pants what form of address they prefer. Thisis an important opportunity for the mediatorto show respect for the participants’ culturalnorms.)

Step 1: Set Expectations of DisputantsThese expectations include acceptance ofpersonal responsibility, willingness to tryto resolve issues and to accept the groundrules, allowing ample time for each dis-putant to speak, showing mutual respect,and abiding by established time con-straints.

Step 2: Explain ProceduresThe mediator should explain his or her non-judgmental role as a facilitator who explainshow the process works, confidentiality,scheduling additional sessions, use of a cau-cus, and availability to answer questions.

Step 3: Transition & Summary of the SituationThe mediator constructs a common prob-lem statement/definition, which summa-rizes in a few sentences what the issues arethat have brought the disputants togetherto seek mediation, e.g., “We are here todayto talk about some issues that have comeup at school (work, neighborhood, etc.),”not “We are going to talk about how tochange your attitudes about each other.”

Stage 2: Information Sharing & IssueIdentification. This stage of the mediationshould allow the participants (perhaps for thefirst time) an opportunity to explain their indi-vidual perspectives on the conflict. The media-tor’s role is to listen, ascertain the disputants’

understanding of the issues, and mentally construct an agenda for the next stage.

Step 1: Disputants Free to SpeakThe disputants speak in turn withoutinterruptions, adhering to previously agreed upon time limits.

Step 2: Mediator SummarizesThe mediator lists key areas of differencesand notes commonalities. If possible, themediator should assist the parties to con-struct a common problem definition orstatement.

Step 3: Transition to Problem-Solving ModeThe mediator constructs an issue agenda,briefly reviewing areas of agreement anddifference and framing them as points todiscuss. It is also essential at this stage tojointly identify and decide when and howto include any other parties or informationcritical to the resolution of the conflict.

Stage 3: Exchange & Negotiation. The goalin this stage is to develop understanding of eachother’s point of view and to identify the realinterests that underlie each party’s position.

Step 1: Participants Speak to Each OtherUnder the mediator’s direction, participantsspeak to each other first on identifyingproblems or views they share, and then onconflict issues, as framed by the mediator.Whenever possible, use issues that empha-size mutual interests as beginning topics topractice constructive communication.

Step 2: Mediator Urges StrategicParaphrasingThis paraphrasing is designed to reinforcecommon understandings and to recognizethat feelings and concerns about issues areas much “data” as facts and figures, and toencourage disputants to speak to eachother. When parties discuss feelings or reac-tions, mediators must take care to makesure that each person is being heard in theway in which he or she wants to be heard.The parties may be asked to explain in theirown words the other person’s position in away that is acceptable to the other party.

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Step 3: Establishing Groundrules andTimeframesThe mediator may also want to establishgroundrules, agreed to by all parties,regarding target time frames for furtherinformation gathering, assessment, analy-sis, and resolution.

Step 4: Transition to Agreement StageUsing brainstorming, an option-generatingtechnique, will develop ideas that addresseach party’s interests or concerns, andencourage the consideration of a wide-range of creative options before any eval-uation. In this way, the mediator increasesthe likelihood of reaching a solution thatfits the unique needs of the participants.Often, the most conventional resolutionsoccur early in a brainstorming session.However, other suggestions more likely tolead to compliance often come after tradi-tional solutions are exhausted. Mediatorsmust be careful not to be too free to injecttheir personal suggestions, but instead tomake sure that the parties are voluntarilymoving toward their own resolutions.

Stage 4: Agreement & Conclusion. Duringthis stage the disputants resolve or narrow theissues through exploring options and realisticalternatives.

Step 1: Mediator OrchestratesExamination of Creative OptionsAt this point, each party is encouraged tosuggest possible options for resolving thedispute with a focus on personal responsi-bility: What you are willing to do ratherthan what you want the other person to do.

Step 2: Criteria for Evaluation of OptionsUnder the direction of the mediator, a listof criteria is generated with all disputantscontributing. These criteria are “objec-tive” in the sense that they are chosen asimpartial standards by which to evaluatethe various options. They may be concrete(like professional appraisals of value) ormore intangible (like, “Whatever wedecide will have to include Juan’s need formore independence.”) the point is thatthe parties need to feel that the agreementis fair. This is more likely to happen if the disputants can connect the options to cri-

teria that they have agreed to use in evalu-ating Juan’s options.

Step 3: Selection of OptionsBased on mutually agreed upon criteria,the parties select options. The mediatormay write up an agreement using the par-ties’ own terminology. Sometimes the par-ties prefer oral agreements, but at leastwrite it out on paper or chalkboard for allto read, even if it is later erased ordestroyed. Written agreements may bepreferable because they are less subject tomisinterpretation as memories fade, buton the other hand, some parties may feelmore respected if, rather than a piece ofpaper, their word is their bond.

The non-judgmental nature of a mediationprocess and the practical nature of theagreements that emerge from it are rea-sons to support its use in resolving con-flicts resulting from cultural “clashes.”Respect and acceptance are its desiredresults. Opportunities for disputants tobroaden understanding and meet the chal-lenge of taking personal responsibility are its hallmarks.

C. POST-MEDIATION: KEEPING THE COMMUNICATION CHANNELS OPEN

Once you have achieved a mediated solution,you want to avoid where possible the repeti-tion of conflict. Especially if the solution isonly partial or temporary, it is important foryou as manager to think proactively.

Create procedures and protocols for conflictsto get identified, aired and resolved at the ear-liest possible moment. This may mean requir-ing managers or supervisors to assess thepotential and signs for intergroup conflict in the workplace on a monthly basis or at otherregular intervals of time. It could also mean,as discussed above, creating an anonymoussuggestion box, or regular lunches withemployees, or establishing other safe channelsfor employees to express their concerns.

Where the conflict arises from self-segregation,it may also mean creating work and non-workactivities and restructuring work relationshipsin ways which encourage employees to spend

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time together in non-work settings, and givingthem the chance to share the commonalities intheir lives (for example, sharing the difficultiesof parenting, the pride of family members’ orfriends’ accomplishments, or personal losses).

If the conflict comes from perceiving certaingroups being favored by the management, takea hard look at your hiring and promotionrecord, and think creatively of ways to diversi-fy your workforce at all levels. Review theways you advertise your job openings and thecriteria you use for hiring and promotion.Can you change them in a manner which givesgreater weight and value to diversity? ºShouldyou be giving incentives and opportunities for employees of underrepresented groups (butavailable to all) to develop skills that will pre-pare them to be promoted when the positionsbecome open?

These are just some of a multitude of affirma-tive steps you can take to promote a work envi-ronment which not only reduces intergroupconflict, but tap the wealth of advantages of adiverse, multiracial and multicultural work-force. The important point is to not end theprocess after arriving at a mediated solution toa given conflict.

V. THE MEDIATION METHOD AT WORK: Two Examples

Case 1: The “English Only” Problem

Ron and Cathy work in an office, and takeoffense when their office co-workers, Eduardoand Manuela, speak and joke with each otherin Spanish. Ron and Cathy, who might havelittle contact with Eduardo and Manuela inthe course of their work, believe that they arebeing talked about and laughed at. It is caus-ing hard feelings and a growing rift amongtheir respective peer groups, Spanish and non-Spanish speakers.

Too often, the supervisor’s response to Ronand Cathy’s complaints is to come in and

demand that Spanish not be spoken, except atbreaks, because, according to the supervisor, itis rude and causing divisions among theemployees.* Alternatively, the supervisormight tell Ron and Cathy to simply accept thefact that others speak to each other in a differ-ent language, and to pay attention to moreimportant things in the office.

A more enlightened approach would be tohave a bilingual-manager or peer-mediatorbring the two sides together to talk about theissues, and to work out a mutually acceptableresolution.

Elements of their resolution could include, forexample, that Ron and Cathy agree to bemore willing to accept that Eduardo andManuela speak Spanish because they under-stand it is what is natural for them, and it isnot to deliberately prevent others from under-standing. In turn, Eduardo and Manuelaagree to limit the use of Spanish on their ownterms, being more conscious of the fact thatspeaking in Spanish makes those non-Spanish speakers nearby feel purposefully excluded, asif they are whispering about them. Eduardoand Manuela might also agree to translatejokes into English and teach some Spanish toRon and Cathy, while Ron and Cathy promiseto make an effort to include Eduardo andManuela in their own conversations and activities. Both sides might decide to talkabout differences in their cultures.

The outcome, whatever its elements, will betheir own; not one imposed by a judge orsupervisor. In the process, disputants have theopportunity to better understand each other’sculture and to actually gain strength from their diversity.

Case 2: Blaming Accents

Aida and Michael are Filipino-Americans whoare upset because in a recent round of layoffsbased on seniority, several co-workers who are Filipino-Americans were laid off, while noneor few of their White and African-American

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*The imposition of “English Only” workplace rules mayvery well constitute a violation of State and Federal anti-discrimination laws. Before issuing such directives, youshould consult with the Human Resources or AffirmativeAction offices.

co-workers lost their jobs. Aida, Michael, anda few other Filipino co-workers feel that thelayoff decision was unfair, and they resent theWhites and African Americans who still havetheir jobs. Aida makes the comment toMichael that she thinks that the decision wasunfair because many of the Whites andAfrican Americans are not competent. James, one of the African American employees, over-hears the comment, and tells several otherWhite and African American employees, thatthe Filipinos think everyone else is incompe-tent. Word spreads, and people in that group become angry at Filipinos. The anger andresentment of both groups begins to beexpressed in subtle and not-so-subtle ways.For example, persons from one group refuseto let someone from the other group, whowants to copy only one page, interrupt theirlong copying job even if it would only take a moment. Before long, that person then retali-ates in some other way. Emotions play off oneanother and tensions grow between the groupof Filipino-Americans and the group of Whitesand African Americans.

Soon, James and the others begin to complainthat they cannot understand Aida, Michaeland several other Filipino co-workers, becauseof their accents. Persistent complaints abouttheir accents are made to the manager, onoccasion accompanied by a refusal to workwith Filipinos because “I can’t understandwhat they’re saying.”

A supervisor’s response might be to segregatethe Filipino employees from the others, andwhen it comes time for performance evalua-tions, to list the accent as a problem to beimproved.** Alternatively, the supervisormight tell James and the others that theyshould just live with it, because there’s nothingthat can be done about it.

A better solution would be for the manager toassess the situation, and recognize that the

tensions have to do with the layoffs, and thedispute over whether accents are making com-munication difficult is merely an outgrowth orsymptom of the resentment caused by the dis-proportionate impact of the layoffs and misunderstood or mischaracterized comments.

A mediator might assist the two groups to sitdown and identify the core issues of the tensions, and to work out some measures to address their concerns.

For example, benefits of the mediation couldbe that Aida, Michael, and the other Filipinosclarify that they do not believe all the othersto be incompetent. Rather, they believe that ifthe layoff decisions were based on perform-ance or ability to work with the communitiesserved by the department, rather than seniori-ty, then it would not be only the Filipinoemployees who would have been laid off.James and the others might agree that itwould have been fairer to do the layoffs bythese other factors, in addition to consideringseniority as a factor. Both sides might agreethat they will ask management to assure thatany future layoffs be decided by taking intoaccount more factors than merely seniority.

Also, the issue of the accents may very welldisappear with the elimination of the underly-ing resentment about the layoffs. The sidesmay also agree that any workplace segregationof the Filipino employees from the others would perpetuate a tense and divisive environ-ment, and that instead, there should beincreased pairing of Filipino with non-Filipinoemployees, so that the non-Filipinos couldimprove their ability to understand theFilipino accent. In the process of understand-ing the characteristics of the Pilipino languagewhich make it difficult to pronounce all thesounds in the English language, there can alsobe a sharing of commonalities and distinctionsin their cultures.

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**Taking adverse actions against certain employees orapplicants due to their accents may violate State andFederal laws against discrimination based on national ori-gin. You would be wise to consult with the HumanResources or Affirmative Action offices before takingsuch actions.

CONCLUSION

If you don’t proactively address tensionsamong employees and the conditions whichmay create those tensions, you run the peril ofconfronting a problem down the road whichcan only be resolved by formal grievance pro-cedures or lawsuits.

Tools that are key to the mediation process arealso key to cultural sensitivity. For that rea-son, mediation is an especially useful processfor managing intergroup conflicts arising fromdiversity.

From a practical standpoint, managers have aclear choice. They can choose to invest timeand resources in developing systems that willmake workforce diversity an asset. Or theycan ignore the issue, hoping it will go away, and invest more time and money in dealingwith problems once they’ve festered and erupt-ed. Training your managers to be skilled inmediation and other conflict managementtechniques is one tool in managing diversity.

A comprehensive approach to creating andmanaging a multicultural workforce wouldalso include improving outreach and selectionprocedures in hiring and promotions, reinforc-ing intergroup understanding through regularactivities and specialized training, rewardingbehavior and actions which promote intercul-tural understanding, strengthening investiga-tion and disciplinary procedures related tointolerant or bigoted behavior, and undertak-ing other measures necessary to transform theinstitutional culture.

By following the steps outlined in this Primer,you may be able to more effectively manageany intergroup conflicts which might arise,and to ultimately improve intergroup relationsin your workplace. Employees who can workharmoniously in a multi-cultural environmentare also likely to serve multiethnic populationsmore effectively with greater sensitivity to cultural differences and distinct needs.

NOTES

1. Thomas, R. Roosevelt, Jr., Beyond Raceand Gender: Unleashing the Power of YourTotal Work Force by Managing Diversity,New York: AMACOM (a division of theAmerican Management Association), 1991.

2. Ibid.

3. This list of the roles a mediator can play isadapted from the CDR Training Manual,1986. CDR (Communications/Decisions/Results) may be contacted at: 100 ArapahoeAvenue, Suite 12, Boulder, Colorado,80302, (303) 442-7367 or 1-800-MEDI-ATE.

4. Meyers, Selma, and Filner, Barbara,Mediation Across Cultures: A HandbookAbout Conflict & Culture, AmherstEducational Publishing, 1994. For a copy ofthe handbook contact: Amherst EducationalPublishing, 30 Blue Hills Road, Amherst,MA 01002, (800) 865-5549.

5. Thomas, R. Roosevelt, Jr., Beyond Raceand Gender: Unleashing the Power of YourTotal Work Force by Managing Diversity,supra, p. 72 et seq.

Copyright 1995 LACCHR

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