Conflict Coaching Bangor Business School Thursday, 25th July 2013 David Griffiths ADR Group Panel Mediator

“Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute and/or conflict transformation, with the parties having full ownership of the decision to settle and of the terms of resolution.” CEDR (as amended by me)

Conflict occurs when we experience an actual or potential infringement or restriction of our expectations or goals; this includes the experience that the satisfaction of our interests is incompatible with the satisfaction of the interests of others

 We must know that war (polemos) is common to all and strife is justice, and that all things come into being through strife necessarily. Heraclitus (ca BC)  All things come into being by conflict of opposites, and the sum of things flows like a stream. Diogenes, Laertius section 8

 Factual  Cognitive  Distributive  Relational  Inner

 Emphasis on interests as opposed to positions and rights  Third party neutral: Has no decision competence  High degree of procedural flexibility  Confidentiality

 Third party neutral is a judge appointed by the Court but with most power.  Parties have least control.  Procedural rules are strictly prescribed.  Prolonged and slow.  High costs, particularly in USA and UK

 Third party neutral chosen and paid for by parties.  Makes a binding determination.  Procedural rules prescribed.  Similar to Litigation

 Independent neutral makes an evaluation of the case  Evaluation not binding on parties but assists in decision making.  Power remains with the parties  Promotes efforts to settle.

 Third party neutral with no authority to make any decisions.  Uses skills to assist parties to negotiate settlement.  Parties retain power.  Parties not directly influenced by third party neutral.  Fast, typically one day.  Much lower costs

 No involvement of third party neutral  Parties negotiate directly with one another.  Parties have control over process and outcome.  Parties have maximum power.

 Cognitive Dissonance  Overconfidence effect  Loss aversion  Reactive Appraisal  Perceptual Distortions

“At the Supreme Court level where we work, 90 per cent of any decision is emotional. The rational part of us supplies the reasons for supporting our predilections.” Justice William O. Douglas

 The Claimant’s version of events  The Defendant’s version of events  The Judge’s version of events  What actually happened, aka the Truth

 Perception and reality  Interests behind positions  Needs behind interests

 Opening of mediation  Identification of issues  Exploration of interests and needs  Development and evaluation of solutions  Reaching agreement and papering solution

Please feel free to ask any questions Thank you for your attention David Griffiths ADR Group Panel Mediator Qualified executive business coach MBTI accredited practitioner Solicitor and of Counsel to Geldards LLP  :  :