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 MEETING MEDIATOR 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 Dispute FORMAL EXTERNAL Excessive sick leave/absenteeism Poor work performance Ineffective communication Substance abuse Depression/anxiety INFORMAL HR WORKPLACE MEDIATION LABOUR / EMPLOYMENT MEDIATION TIME Grievance Complaint COST CONFLICT DISPUTE MANIFESTATIONS OF CONFLICT TIME ORGANISATIONAL RESPONSES COSTS Conflict Dynamics

Focus and positioning Conflict Dynamics PROBLEM OPPORTUNITY FUTUREPAST Employment mediation Workplace mediation

What does workplace mediation look like? Conflict Dynamics PRIVATE MEETING MEDIATOR MEETS PARTY A PRIVATE MEETING MEDIATOR MEETS PARTY B JOINT MEETING MEDIATOR PARTY A AND B TOGETHER FEEDBACK AND FOLLOW UP PROCESS COMMISSIONING

Process commissioning Telephone and or 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 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 MEETING MEDIATOR MEETS PARTY A PRIVATE MEETING MEDIATOR 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 MEETING MEDIATOR MEETS PARTY A PRIVATE MEETING MEDIATOR 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 ambiguity Conflict 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

Differences in styles of mediation TransformativeEvaluativeSettlementFacilitative

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 MEETING MEDIATOR MEETS PARTY A PRIVATE MEETING MEDIATOR 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