Effective Conflict Resolution introducing The Mediation Approach By Tamiko B. Mckeiver Riley, NSC Divisional Director of HR

Overview Interpersonal conflicts are an inevitable part of organization life, so a key leadership skill is knowing how to resolve them in a timely And constructive way.

This training will introduce mediation principles and techniques to enhance your ability to respond to conflicts as they arise, and to “put out fires” by improving communication and building understanding between employees in dispute. Overview

Training Agenda: Part 1: Understanding Conflict Thinking about conflict differently The dynamics of conflict escalation Part 2: Responding to conflict using mediation principles What is mediation and the role of the mediator Interest/needs based approach to problem-solving Active Listening Part 3: Conclusion Questions

With the right response, conflict can be an opportunity. Thinking about Conflict Differently Conflict is inevitable; Conflict is an opportunity for learning, dialogue and understanding; There are strategies for resolution that are available and DO work.

 distrust;  communication breakdown as both avoid hurtful interactions;  misunderstandings that result from unchecked assumptions;  each person’s sense of legitimacy is undermined by the other’s criticisms;  minimal problem solving as each spends energy on defending themselves and attacking the other. The effects of conflict escalation include:

Interrupt the Cycle If this cycle of conflict escalation is interrupted and reversed, it is possible to build a cooperative problem-solving climate. It also increases the chances of reaching a resolution that will meet everyone’s needs. Conflict Resolution Through Mediation

Three Approaches to Resolving Conflict 1.A Power-based approach uses force to make someone to do something they would not otherwise do. 2.A Rights-based approach uses general standards, rules, principles, policies or processes that apply to everyone. 3.Interest-based / Win-Win approaches seek to uncover and meet the needs of all parties involved in a conflict. *Adapted from Ury, Brett and Goldberg., Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict. The Program on Negotiation at Harvard Law School, 1993.

Mediation is a voluntary, informal dispute resolution process in which a third party, the mediator, assists disputants to better understand one another and to find mutually satisfactory solutions The role of the mediator: A mediator is: impartial/”multi-partial” in charge of the process a communication facilitator/coach A mediator is not: a judge an advocate for either party MEDIATION

Mediator Characteristics Neutral While sometimes give opinions, the best role is to get the parties to mutually decide how to settle their dispute. Intelligent Understands the nature of the issues. Socially and emotionally intelligent; can read the parties and chose the right tactics. Trustworthy Can be trusted with information that one party doesn’t want revealed to the other party.

TerminationsNon-selection/non-promotionWorkplace harassmentWork assignmentsDisciplinary actionsPersonality Conflicts* Reasons for Workplace Disputes

Situations When Mediation Might Be Appropriate

●Conducted face-to-face ●Relaxed and informal ●Focus is on resolution ●Representatives allowed (but not required) ●Usually lasts hours ●Majority of conflicts can be resolved at mediation session The Mediation Session

Mediation is a process that moves through stages. Introduction: Mediator introduces self and sets the ground rules. Problem-solving: Mediator uses various tactics to help parties to reach agreement. Agreement: Mediator helps finalize the agreement (e.g., in writing) by getting a commitment from both parties. Mediation Process

INTRODUCTION

Selective Perception Looking at same thing but seeing it differently

Selective Perception Not Seeing the Whole Picture

Problem-Solve Choose one of the following approaches, based on your assessment of the situation:  Involve the disputants in solving the problem. Use reflective listening to help employees understand each other & communicate what is important to them. Make a decision that reflects what is important to each person.  Suggest possible solutions and ask employees for their agreement or suggest a temporary solutions. All parties must agree to find a more satisfactory solution at a later time.

What Tactics Do Mediators Use? Pressure try to change (or lower) a party’s expectations, push them to make concessions, etc. Processes to simplify the agenda, call for caucuses, control the timing or pace of negotiations, teach them about bargaining processes (give and take, positions v. interests). Friendliness to gain trust and confidence, use humor, let them blow off steam, speak their language. Avoid negative emotions: control expressions of hostility. Discuss alternatives: Discuss other settlements, have them prioritize the issues. 20 © SHRM 2010

Agreement Conclude by affirming each person for engaging in the process or making efforts to improve the situation, Noting in writing the outcomes and agreed upon resolution, and discussing follow-up or next steps (if necessary).

Get into groups of 3 Decide who will be Mediator & Parties Read Scenario Make up any needed facts consistent with scenario Mediate for __ minutes Mediation Roleplays

? Questions… Thank You.

Additional Sources Barriers in Mediation Korobkin, R. “Psychological Impediments to Mediation Success,” 21 Ohio St. J. on Disp. Resol. 281 (2006) Stone, D. et al., Difficult Conversations – How to Discuss What Matters Most (1999) Culture The Minnesota ADR LeBaron, Michelle, Conflict Across Cultures (2006) LeBaron, Michelle, “Culture-Based Negotiation Styles,” Beyond Intractability (2003) The Minnesota ADR Handbook: A Guide to Mediation, Arbitration, and Other Processes for Advocates and Neutrals, by Gary Weissman, Linda Mealey-Lohmann, Leslie Sinner McEvoy (MN CLE 2011)