The Mediation Process

Mediation Process: How to Play the Neutral Role:

Mediation Process: How to Play the Neutral Role Presented by Kayoua C. Vang

Training Objectives:

Training Objectives Learn effective tools for managing conflict using the mediation approach Become knowledgeable of the mediation framework Learn your role as the neutral person Learn interpersonal tools for facilitation Recognize the literature and its reflection of mediation for the workplace Apply your knowledge by taking the quiz

Mediation Approach:

Mediation Approach Other ways to manage conflict: Arbitration Counseling Negotiation Why Mediation? best for a long-term solution and improved working relationship (Scott, 2010)

Theory & Practice:

Theory & Practice Theory Disputants will seek mediation from a third party to the extent that each expects his/her own net outcomes—rather than the joint-outcome (Wall, Stark & Standifer , 2001) Practice Assistance to two or more interacting parties by third to improve the interacting relationship (Wall et al, 2001; Lovenheim , 1996) International relations, labor-management negotiations, community disputes, school conflicts, and legal disputes

Mediation Framework:

Mediation Framework Wall, Stark & Standifer (2001)

Stages in a Mediation Session:

Stages in a Mediation Session All mediations are different, but typically consist of:* 1. Mediator’s Opening Statement 2. Disputants’ Opening Statement 3. Joint Discussion 4. Caucus 5. Joint Negotiation 6. Closure * Lovenheim , 1996

The Neutral Role:

The Neutral Role Responsibility: Not to take side Helping disputants see clear and logical end to dispute Qualities in a mediator: Have a neat appearance Speak politely, respectfully and confidently Answer questions fully Must be intelligent, knowledgeable and unbiased Trustworthiness Gain and keep control of the situation

Beginning Facilitation:

Beginning Facilitation Know as much as you can about the dispute Seating is important Opening statement: Introduce self; clarify your role Introduce disputants Commend parties State goals, ground rules, and the process Ask if there is any questions Things to keep in mind Recognize body language and tone of voice (yours & the parties) Choice of words is important

Facilitation continued…:

Facilitation continued… Allow for disputants’ opening statements If possible, have parties craft agenda for position Actively listen, summarize and repeat Enter stage 3: Discussion Remember to stay in control because there is a tendency for things to get out of hand Recognize emotions; recognize personalities (one may give in, while the other dominate) Remind disputants of ground rules Discourage personal attacks Broaden and/or narrow the dispute Probe for undisclosed issues Dismiss irrelevant issues

Probing Techniques:

Probing Techniques Understand: t hat disputants may not want to, or may have not, fully disclose an issue in the dispute Or, disputants may not honestly recognize it People’s core values Challenge attitudes Gentle questioning, careful listening Continue to summarize, repeat, and translate Rediscover communication Encourage disputants to ask each other questions Find an understanding, not necessarily agreement

Pulling Information Together:

Pulling Information Together At this point, you are in the caucus stage Meet individually with the parties Discuss strengths & weaknesses of each position Openly sympathize with the parties Continue to win their trust Maintain confidentiality of the individual meetings Brainstorm ideas for a settlement Challenge disputants to stretch their thinking Discover new choices

Reflections:

Reflections Remember to monitor follow-through Take accountability as a mediator Being flexible is key Teaching parties to become flexible is GOLD Mediation is under-utilized Only 2/3 of HR professionals have mediation experience (Wiseman, 2008) There are great benefits in mediation

Thank You:

Thank You You have completed the training for mediation in the workplace. Please take the following test to apply your knowledge of the mediation process and your role as the mediator.

References:

References Lovenheim , Peter. (1996). How to mediate your dispute . Berkeley : Nolo Press. Scott, V. (2010). Conflict resolution at work for dummies. Hoboken, NJ: Wiley Publishing. Wall, J. A., Stark, J. B., Standifer , R. L. (2001). Mediation: A current review and theory and development. The Journal of Conflict Resolution. Vol. 45(3): 370-391. Watson, J. Y. (1997 dissertation). Getting to the heart of the conflict: Mediator perceptions of the process mediation. University of Minnesota. Wiseman, Eilidh . (2008). Make the most of mediation in disputes . Personnel Today. Wolff, M. R. (2007). On mediation: Toward a cultural-historical understanding. Theory & Psychology. Vol. 17(5): 655-680.