Mediation: An Effective Process for Resolving Disputes in Business, Courts and Communities Dr. Christopher Moore CDR Associates

The Circle of Conflict

Triangle of Satisfaction

Costs of not addressing and resolving Conflicts Productivity/performance of managers and employees Emotional wear and tear and low morale Financial Costs Extensive personal/staff time Negative impacts on working relationships in organizations and communities Loss and replacement costs of qualified or experienced staff Unanticipated costs and unintended consequences ( carry-over effects)

The Need for Third Party Assistance – Mediation – and how Mediators help Areas where Mediators help Parties in Dispute Relationships & Emotions Values, Beliefs & Attitudes Procedures & Strategies Structural Change Behaviors & Skills

Areas where Mediators help Parties in Dispute Relationships and Emotions – Establishing or building positive working relationships and responding to emotions Values, Beliefs and Attitudes - Assistance in understanding, accepting, reconciling or tolerating differences Behaviors and skills - Promoting effective communication and conflict resolution interactions

Areas where Mediators help Parties in Dispute Procedures and strategies – Providing effective procedures and steps to effectively address and resolve differences Structural change – Helping parties to identify and make appropriate changes in roles, authorities, rules, procedures

What makes a Conflict “ripe” for Mediation? Parties have an issue, problem, dispute or conflict that they are unable to resolve on their own Parties need an agreement or settlement, and are unwilling to live with stalemate or ongoing conflict Parties on their own have either not been able to get productive talks started, or they have begun and reached an impasse Parties’ direct communications are non-existent, poor or ineffective Strong emotions or lack of trust are blocking productive deliberations Parties are unable to develop effective procedures to talk and resolve their differences

What makes a Conflict “ripe” for Mediation? Forms of power or differences in amounts are inhibiting productive problem solving There is a deadline that encourages discussions and agreements Issues, interests and potential solutions are complex, and the dispute is not easily amenable to a right/wrong decision making or resolution Parties’ Best Alternative to Negotiated Agreement (BATNA) or Worst Alternatives to a Negotiated Agreement (WATNA) are unknown, unpredictable or not as good as a negotiated agreement A ongoing relationship is present or desirable

When is Mediation not appropriate? When one or more parties or the intermediary’s safety is in question When an irreconcilable value or principle is involved When a legal precedent is needed When there is no compelling reason or deadline to push parties to reach agreement

What is in it for Parties to Mediate? Management and/or tangible settlement of their differences, and being able to move along with their lives Chance to have their say, educate and be understood by their counterpart Opportunity to identify and clarify important interests (Substantive/Procedural/Psychological-Relationship) Opportunity to engage in the development of customized solutions to address issues and interests Possibility to re-establish, build or maintain a positive working relationship, if desired or appropriate, or amicably end one Move toward substantive, procedural and psychological closure

What is in it for Lawyers, Judges or other People who might make referrals or become Mediators? Playing a positive role in empowering parties to effectively resolve their differences Assisting in the development of customized and sustainable solutions Contributing to improving interpersonal, intergroup, organizational or community relationships Playing a potential role as mediator – as a variation of a judicial role, or expansion of a legal or other professional practice

So why not try it? Mediation has been proven to be a highly effective process for resolving a wide range of disputes in diverse countries, societies and cultures Assisted negotiations with the help of mediators results in customized solutions that are generally better outcomes for the management and settlement of differences Mediation helps promote individual, group and community solidarity, integration, and when appropriate, reconciliation

Do your little bit of good where you are; its those little bits of good put together that overwhelm the world. --Desmond Tutu