How to expand your skills and vary your mediation style to effectively mediate workplace disputes.

Felicity Steadman and

Sharon Wakeford

Conflict Dynamics

What does workplace mediation look like?

Conflict Dynamics

PRIVATE MEETINGMEDIATOR MEETS

PARTY A

PRIVATE MEETING MEDIATOR MEETS

PARTY B

JOINT MEETING MEDIATOR

PARTY A AND B TOGETHER

FEEDBACK AND FOLLOW UP

PROCESS COMMISSIONING

Where does workplace mediation fit in?

INFORMAL LINE

FORMAL INTERNAL

DisputeFORMAL EXTERNAL

Excessive sick leave/absenteeism

Poor work performanceIneffective communication

Substance abuseDepression/anxiety

INFORMAL HRWORKPLACEMEDIATION

LABOUR / EMPLOYMENT

MEDIATION

TIME

GrievanceComplaint

CO

ST

CO

NF

LIC

TD

ISP

UT

E

MANIFESTATIONS OF CONFLICTTIME

OR

GA

NIS

AT

ION

AL

RE

SP

ON

SE

S

CO

ST

S

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Focus and positioning

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PROBLEM

OPPORTUNITY

FUTURE

PAST

Employment mediation

Workplace mediation

What does workplace mediation look like?

Conflict Dynamics

PRIVATE MEETINGMEDIATOR MEETS

PARTY A

PRIVATE MEETINGMEDIATOR MEETS

PARTY B

JOINT MEETING MEDIATOR

PARTY A AND B TOGETHER

FEEDBACK AND FOLLOW UP

PROCESS COMMISSIONING

Process commissioning

• Telephone and or e-mail contact between mediator and referrer, and mediator and parties

• Confidential discussion about what has happened• Explain mediation and its principles• Discuss whether mediation is appropriate• Explore what the client expects from the mediation,

particularly considering confidentiality• Obtain contact details of parties • E-mail and then call parties to introduce self and set up

initial private meetings

Conflict Dynamics

Workplace mediation principles

• Confidential• Without prejudice• Voluntary• Mediator assists parties early in a conflict situation re-establish

working relationships • by exploring issues, perceptions and feelings• assists them reach agreement on working together in future

• Mediator is impartial and responsible for process (informal, flexible)

• Parties are responsible for outcome (future focused)

Conflict Dynamics

Types of issues suitable for workplace mediation

• Performance• Strained or deteriorating relationships• Diversity / culture / values differences that impact

negatively on relationships• Incompatibility or personality clashes• Bully and harassment• New working practices or work content disputes• Organisational change• Conflict arising from mergers and acquisitions• Disputes within teams and between teams

Conflict Dynamics

What does workplace mediation look like?

Conflict Dynamics

PRIVATE MEETINGMEDIATOR MEETS

PARTY A

PRIVATE MEETINGMEDIATOR MEETS

PARTY B

JOINT MEETING MEDIATOR

PARTY A AND B TOGETHER

FEEDBACK AND FOLLOW UP

PROCESS COMMISSIONING

First private meeting process

• Individual meeting with each party (hour long, ideally back to back on the same day)

• Introductions and explain role• Explain purpose of meeting• Reassure of confidentiality• Hear story and explore the issues• Explain mediation process• Check willing to continue• Discuss preparation• Agree arrangements, who, when and where

Conflict Dynamics

What does workplace mediation look like?

Conflict Dynamics

PRIVATE MEETINGMEDIATOR MEETS

PARTY A

PRIVATE MEETINGMEDIATOR MEETS

PARTY B

JOINT MEETING MEDIATOR

PARTY A AND B TOGETHER

FEEDBACK AND FOLLOW UP

PROCESS COMMISSIONING

Joint meeting

Watch the video clip, and note:– The mediator skills you see demonstrated

under the competencies:• Relationship• Process• Content

–What might differ from your mediation practice at this stage

Conflict Dynamics

Joint meeting - process

• Meeting of both/all parties soon after individual meetings (half to full day)

• Introduction and setting the scene• Storytelling and identifying the issues for

discussion• Exploring the issues• Developing options for agreement• Finalizing agreement and closing

Conflict Dynamics

Joint meetings – relationship skills

• Impartiality• Rapport and empathy• Humility and openness • Managing own emotions• Creating a safe space in which parties can express

their emotions• Active listening• Being comfortable with uncertainty and

ambiguityConflict Dynamics

Joint meetings – content skills

• Identify key issues• Explore– Positions and interests– Past, present, future– Intention and impact– Facts and feelings

• Draw attention to common ground• Clarify requests• Ask for proposals• Facilitate option generation and solution choice

Conflict Dynamics

Conflict Dynamics

Differences in styles of mediation

Transformative

Evaluative

Settlement

Facilitative

Workplace mediation style

• Faciltiative with strong transformative undertones• Values empowerment and transformation • Relationship and communication transformed• Recognition of each others’ needs and viewpoints• Works with parties together – recognition and

responsibility• Moving from past to future, negative to positive, blame to

contribution and common ground

Conflict Dynamics

What does workplace mediation look like?

Conflict Dynamics

PRIVATE MEETINGMEDIATOR MEETS

PARTY A

PRIVATE MEETINGMEDIATOR MEETS

PARTY B

JOINT MEETING MEDIATOR

PARTY A AND B TOGETHER

FEEDBACK AND FOLLOW UP

PROCESS COMMISSIONING

Feedback and follow up

• Give agreed feedback to referrer• Follow up with each party (in person or by

phone on an agreed date) to:– Review action plan and discuss what changes or

further support may be necessary– Review what has worked and not worked– Convey any helpful messages to support the

parties going forward

Conflict Dynamics

Is this for me? If it is, how do I get going?

• Now that I know more about what workplace mediation is, would I like to expand my practice to this area of work?

• If I do, given my current skills set and style, what do I need to do to get going?

Conflict Dynamics

Getting into workplace mediation

• Attend specialised training to expand your existing mediator skills and adapt your style

• Identify key gatekeepers and potential referrers in your existing networks and educate them about the benefits of workplace mediation

• Look out for opportunities to ‘nip conflict in the bud’ by offering workplace mediation

Conflict Dynamics