Post on 24-Dec-2015
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 MEETINGMEDIATOR 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
DisputeFORMAL EXTERNAL
Excessive sick leave/absenteeism
Poor work performanceIneffective communication
Substance abuseDepression/anxiety
INFORMAL HRWORKPLACEMEDIATION
LABOUR / EMPLOYMENT
MEDIATION
TIME
GrievanceComplaint
CO
ST
CO
NF
LIC
TD
ISP
UT
E
MANIFESTATIONS OF CONFLICTTIME
OR
GA
NIS
AT
ION
AL
RE
SP
ON
SE
S
CO
ST
S
Conflict Dynamics
Focus and positioning
Conflict Dynamics
PROBLEM
OPPORTUNITY
FUTURE
PAST
Employment mediation
Workplace mediation
What does workplace mediation look like?
Conflict Dynamics
PRIVATE MEETINGMEDIATOR MEETS
PARTY A
PRIVATE MEETINGMEDIATOR MEETS
PARTY B
JOINT MEETING MEDIATOR
PARTY A AND B TOGETHER
FEEDBACK AND FOLLOW UP
PROCESS COMMISSIONING
Process commissioning
• Telephone and or e-mail 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 • E-mail 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 MEETINGMEDIATOR MEETS
PARTY A
PRIVATE MEETINGMEDIATOR 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 MEETINGMEDIATOR MEETS
PARTY A
PRIVATE MEETINGMEDIATOR 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
ambiguityConflict 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
Conflict Dynamics
Differences in styles of mediation
Transformative
Evaluative
Settlement
Facilitative
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 MEETINGMEDIATOR MEETS
PARTY A
PRIVATE MEETINGMEDIATOR 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