The Essential Guide to Workplace Mediation and Conflict Resolution

Rebuilding Working Relationships

Nora Doherty, Marcelas Guyler

• Publisher: Kogan Page
• Year: 2008
• Print ISBN:
  9780749450199
• Edition: 1
• eBook ISBN:
  9780749454302
• Topic: Business
• Subtopic: Human Resource Management
• Index: Business

The Essential Guide to Workplace Mediation and Conflict Resolution examines the nature, process, uses and skills for employing and using mediation. The authors examine what mediation is and how it can be successfully applied to resolve issues, by presenting a range of techniques and case studies.

Applicable to not only one-on-one conflict, but also at team and board room level, this is the book for you whether you are in the front line and have to anticipate, pre-empt or defuse conflicts in support of productive working relationships, are already a mediator or are training to become one.

PART I

Workplace mediation

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In Part I we shall first examine the unique tool for conflict resolution that is ‘workplace mediation’: what it is, how it works and the special nature of its role and value within the continuum of conflict resolution interventions.

We shall then consider how mediation can be used within organizations, how it can address the needs of team and group conflicts and how mediation can be best introduced into your workplace culture, policy and practice.

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1

So what exactly is workplace mediation?

At the outset we need to understand both the special nature and the underlying principles of workplace mediation. Following the theoretical groundwork in this chapter, we will go on to look at an example of workplace conflict in Chapter 2 and then, in Chapter 3, examine a practical six-step model that describes in detail the structure of mediation.

A WORKING DEFINITION OF MEDIATION

Initially, then, we will begin with a working definition of workplace mediation as a good starting place to get to grips with this new area of thinking and practice.

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A definition of workplace mediation is as follows:

Mediation is a structured process whereby an impartial mediator facilitates communication between those in dispute in order for them to understand each other better and for them to come up with mutually acceptable solutions that will improve the working relationship in the future.

Nora Doherty, Managing Director, PMR Ltd

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The skills of a mediator

Active listening and attention

Giving people space and safety to say what they need to say, giving good-quality attention and asking appropriate, encouraging questions of all parties in a fair and equal way.

Summarizing

Being able to remember and re-present key facts and issues in a non-blame, non-inflammatory way.

Building rapport

Creating an atmosphere of trust and safety, helping people feel that their thoughts and feelings are important and understood, giving them the chance to make their own decisions at their own pace, demonstrating a sincere interest in helping parties to resolve their differences.

Facilitation

Helping people to communicate and listen to each other, allowing appropriate, non-damaging expression of feelings, keeping the overall focus and direction of the mediation.

Impartiality

Remaining non-judgemental, impartial and fair throughout, giving equal attention and time to each person. Remaining professional and impartial — not taking sides.

Problem solving

Helping parties clarify the main issues that can be tackled in the mediation and encouraging them to explore and agree on win—win solutions, changes of behaviour or work practices, and strategies for action. Keeping the process positive and affirming, with an emphasis on how they would like things to be in the future.

Conflict management

Staying calm and assertive, and encouraging communication even when feelings are running high. Defusing anger and damaging, or overly negative feelings or attack. Keeping on track, keeping to what is most constructive for all involved.

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Looking at the key concepts in the definition, we can immediately understand the purpose and indeed some of the clear advantages of using mediation to address conflict and the breakdown of workplace relationships. We shall examine this by unpacking the definition in its constituent parts.

‘Mediation is a structured process’

Firstly, there is nothing haphazard about mediation. It is a structured and staged process that is clearly designed to facilitate and direct people from A to B, from deeply felt negatives of conflict to new agreed outcomes and constructive changes. Point ‘A’ — the outset — comprises whatever emerges as the starting place: the ‘positions’, problems or obstacles described by those in the conflict or the dispute. Point ‘B’ — the destination — is reached with the sign-up of mutually agreed proposals (the mediation agreements) that will restore or repair the working relationship.

It is the structure of the six steps of mediation that directs this journey and enables a resolution.

‘Whereby an impartial mediator…’

At the centre of the mediation is the mediator who is witness to, and offers a process based upon, the underlying principle of ‘impartiality’. In essence, this impartiality signifies a non-judgemental acceptance of people that is demonstrated in the mediator’s even-handed attention, in equal respect for the participants and in validation of the participants’ positive intention to find viable solutions to their problems. Mediators receive extensive training in how to remain impartial, how not to allow any biases or stereotyping to affect their behaviour, and how to avoid taking sides even when being challenged to do so.

‘[A mediator] facilitates communication between those in dispute…’

Facilitated communication is the prime tool of mediation and forms the first dynamic employed by the mediator in the process. The early stages of mediation depend upon the careful unpacking of the perceptions and feelings of participants as to their conflict and their resulting experiences.

If you have ever been close to protracted workplace disputes you may think that by this point people will have already done a lot of ‘communicating’ — involving multiple accusations and much rehearsing with other people of their grievances and dissatisfactions. This is often true, but such accusations, grievances and outpourings of blame and complaints have actually nothing to do with the facilitated communication that forms the first process and concern of mediation.

‘Communication’ in the context of mediation is actually about enabling a quality of listening and the safe exchange of thoughts, feelings and information necessary to all parties in the mediation. This is important, as often communication by this point has completely broken down and the parties may not even be talking to each other. Mediation offers a safe place and safe ways with which to re-establish contact and to begin to listen fruitfully to each other.

‘In order for them [the participants] to understand each other better…’

At this first stage of the mediation, the mediator seeks to ensure that people are able to express and listen to each other’s perceptions, issues, needs and feelings. When this is done well, it can, not surprisingly, turn out to be a revelation to all those concerned. There can be a lot of misunderstandings and mis-assumptions on both sides.

What emerges from a skilfully facilitated mediation exchange is in fact a ‘world away’ from the accusations and rehearsed grievances that are normally associated with the hurtful or defensive exchanges of those stuck in conflict.

‘The map is not the territory…’ and what emerges throughout the mediation, in most mediators’ experience, may bear little resemblance to the participants’ first stated positions or their perceptions either of what has happened or what they feel the other person is ‘doing to them’.

‘And for them to come up with mutually acceptable solutions…’

If dynamic number one is about facilitated communication in the process of mediation, then dynamic number two is all about ‘solutions’ and a way forward.

The power for change inherent in any mediation is twofold: firstly there must be the initial willingness by the participants to search for solutions. This commitment forms the prime contribution that the participants themselves make to the success of the whole process.

The second powerful dynamic is introduced by the mediator and involves a ‘future-based orientation’ whereby the participants, having understood something about each other’s experience and needs, are helped to explore their ideal future scenario, on the basis of which they can begin to build a mutually acceptable agreement that better suits their needs.

‘Solutions that will improve the working relationship in the future.’

With this last line of the definition, we are back again at the starting point. The intention both at the outset and the end point of mediation remains the same: namely the improvement of workplace relationships. As such, mediation is, at the same time, both ‘employee and performance led’ and is actively directed towards this end by a skilled mediator.

Whilst we have covered the ‘definition’ of mediation above, underlying the nature and the practice of mediation are a number of guiding principles that support it. These principles have also a wider significance relevant to the conduct and ethics of business and workplace relationships, which will be considered especially in the final chapter of the book.

Before investigating the actual ‘six-step structure’ of mediation, which we will do in Chapter 3, we shall first review the main, classic principles that govern mediation as a specific dispute resolution method.

THE UNDERLYING PRINCIPLES OF MEDIATION

Underlying any activity are the informing principles that ensure both consistency and sound results. Mediation is not just an ad hoc meeting and not just any method of dispute resolution. It is based upon a number of commonly accepted principles. In other words, mediation is a specific dispute resolution method with its own set of operational principles.

These principles are particularly important when crucial boundaries are at risk or when developments threaten to directly sabotage the successful outcome. The elements described below are the main key principles or conditions that underpin the model and that may be said to distinguish mediation as a specific dispute resolution method.

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The main principles of mediation

• It is voluntary — all parties need to agree to mediation.
• It is solution/agreement focused.
• Parties offer the solutions themselves.
• The mediator is impartial and does not take sides.
• It is confidential.
• If mediation is unsuccessful, formal or legal procedures can be invoked.

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Mediation is voluntary

In order for mediation to work, it is important that all concerned understand and agree that it is a voluntary process.

Mediation is unique in that, although the process is clearly directed and facilitated by the mediator, it is the participants themselves who control both the outcome and the mediated agreements. This participant control or empowerment operates from the outset — in that mediation cannot even take place without the agreement of each person to participate. Equally the early disclosure and clarification of the participants’ issues cannot happen without a willingness to talk, to listen and to understand each other’s agendas, issues and needs.

Finally, empowerment proceeds from the fact that solutions do not come from the mediator, nor from an imposed business solution but rather from the mutual agreement of the participants themselves. This voluntary locus of control is further exemplified in the resulting agreement lodged with the business that is signed by all parties.

In terms of locus of control, mediation is perhaps atypical of most workplace and management processes and cultures and is certainly very different from most current institutional or ad hoc responses to the breakdown of relationships in the workp...

Table of contents

• Cover page
• Title page
• Imprint
• Table of contents
• Preface
• Praise for the book
• Introduction
• Part I Workplace mediation
• Part II Mediation in action: case studies of real life workplace mediations
• Part III The philosophy and processes of mediation: in support of conflict managers and organizational development
• Contacting the authors
• Bibliography
• Index
• Full imprint