Workplace Mediation: Strategies and Techniques

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

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

Process / Guidelines

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

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

Consequences of Unresolved Conflict

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

Well-Managed ConflictOpportunity

• Clarify issues• Gain new understanding• Enhance relationships• Increase self-esteem and confidence• Heighten job motivation/performance

Conflict in the Workplace Three Contexts:

Manager• Third party vs.

EmployeeEmployee

• Third Party vs.Employee

• Third Party Employee vs..

Customer

Supervisory Options• 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

AVOID

RECONCILE

Workplace Mediation

• Process enabling third parties to assist employees:– to discuss interpersonal

conflicts– to arrive at mutually

satisfactory agreements

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

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

Potency of Workplace Mediation

Involvement Commitment

+ = +

Empowerment Creativity

Mediation Phases

• Decision to mediate

• Initial meetings (separate meetings with each party)

• Prepare context

• Face-to-face meetings

• Follow-up

Decision to Mediate

• Identify the costs of the conflict

• Weigh costs/benefits of intervention

• Consider alternatives to mediation

• Develop plan for the mediation

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)

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

Preparing the Context

• Location

• Seating arrangement

• Duration of meeting

• Timing of meeting

• Who should attend

Face-to-Face MeetingPreliminary Tasks

• Provide emotional safety• Prevent withdrawal

– emotion– physical

• Support conciliatory gestures• Demonstrate patience• Encourage process

Mediation Process

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

Stages of Face-to-Face Meeting

Past

• Information

• Details• Emotions Rapport

Present

• Issues• Interests• Needs

ChunkingSummarizing

Future

• Alternatives• Options• Solutions

Problem SolvingForm Agreement

Reflective listening at all three stages

Caucus• 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

Mediation Checklist

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

Mediator Skills

• Reflective listening• Chunking• Summarizing• Reframing• Matching and pacing• Problem Solving

Positions and Interests

•What you decided you want in a particular situation•Specific,predetermined solution (demands, terms)

• Underlying motivations (the “why” behind the position)• Concerns, fears, needs, desires, benefits

Position

Interests

Interests are often rooted in human needs

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

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.

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)

Chunking is shifting the conceptual or logical level of thinking.

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?

Chunking Exercise

Person A• Think of something you want in a negotiation

situation• State your position to person “B”Person B• Use chunking-up questions to move person “A”

from position to interest• Use chunking-down questions to elicit options

Reverse roles and repeat process

Summarizing

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

Reframing

• The ability to choose words that reframe and modify the meaning and interpretation

of what is said by the disputants

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 expressionHand gesturesBody posture

Voice tone, volume, inflectionEmotional state

Representational systems (visual, auditory, kinesthetic)

Problem Solving

FOR EACH ISSUEInterestsOptionsEvaluation of OptionsSelection among optionsAction Plan

Mediation PracticeGroups 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

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

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

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

Evaluation

• Significant Insights

• What I appreciated especially

• Things I would change

• I am going to...

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”