World-Mediation-Centre / Training: Mediation and Conflict Management
Conflict Management-mediation for sarah
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Transcript of Conflict Management-mediation for sarah
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As offered by Sarah Truman
Conflict Resolution
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Remain ObjectiveMonitor your own values, biases, and cultural
identityHonor process as well as disputeRemain fluid and responsive
Mediators (Payroll, HRTP, HRSS, etc)
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Be creative when coming up with alternative resolutions to disputes
See outside the boxRecognize what each party really wants
Ex: both parties want an orange – after discussions with the supervisor, a solution acceptable to both parties: party A really wanted the peeling and party B really wanted the fruit
Be able to recognize needs
Flexibility
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People want to be heard and understoodCreate a safe environment for all partiesAllow for the best opportunity to understand
each otherBe empathic, encouraging this between
partiesBalance powerIdentify areas of interest, concern, and
benefit
Understanding
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Facilitate letting go of the pastFocus on the present and the futureFix the problem, do not place blameRemind parties of the alternatives if the
problems cannot be rectified thru mediationProvide a reality test
Futurize
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Ensure each party understands what the other is saying
Repeat back what you understand the issue to be
Understand the situationUnderstand cost of choosing a solution vs
continuing the dispute
Clarify
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Behavior of listening and speakingPractice reflective listening and reflective
speakingSeek to understand the idea, offer the idea
back to speakerCreate a safe environmentSummarize the messageClarify information w/o judgment by asking
open-ended, non-leading questionsWithhold judgment in voiceReframe issue
Communication Skills
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Set aside your own sense of right and wrongSet aside your own moralsSet aside your own value systemHear what their idea of the conflict is, not
your idea
Neutral Environment
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Increase awarenessIncrease sense of toleranceIncrease understanding between partiesBody language and nonverbal cuesPeople fear the unknown
Explain the framework from which you workOnly goal is to resolve conflict
Promote acknowledgement
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Unique filters and lenses from which we view the world
Created thru life experiences, own values, assumptions, and perceptions
Clear these lenses and filters to achieve resolution
These differences impede dialogueAssumptions lead to stereotyping
(unconsciously)
We all speak different languages
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Assumptions - based on gender, ethnicity, age, physical build, culture, appearance, profession, associations
If someone senses they are being stereotyped hinders active participation
Impedes resolutionNever lose your impartialityDo not exert influence for one party over
another
Different languages (cont)
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Mediation processEvaluative mediationFacilitative mediationPros and cons of each
Preparation for Dispute Resolution
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Explain your role as a mediatorExplain the responsibilities of each partyThe person with the complaint usually goes
firstRespondent then states their caseAs a mediator, remember to remain neutral
What is the process?
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Mediator helps to evaluate options and alternatives
Mediator – education and objectivity to make a more informed and practical solution
Make assessments, predictions or proposals for agreements
Review all relevant materials to issueLearn the circumstances and underlying
interests
Evaluative Mediation
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Use this to direct toward an outcome that correlates with interests at hand
Assess the strengths and weaknesses of each side
Predict outcome if the issue cannot be settledPropose position-based compromise
agreementsUrge the party to settle or accept a proposal
Evaluative Mediation(cont)
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Promotes positioning – may defeat the purpose of what mediation is supposed to be
Lose neutralityDetracts from the focus of parties’ ownership
of the processMay also stop negotiations
Negatives of Evaluative Mediation
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Educates the parties about the strengths and weaknesses of their claims
Educates the parties about the consequences of failing to come to an agreement
Do not use your own assessments, predictions or proposals
Apply no pressure
Facilitative Mediation
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Decision-making rests with the partiesAsk questions of both sidesAssist those involved with developing their
own proposalsProvides empowerment, ownershipEncourages empathizing with the other sideAsk about the consequences, do not provide
suggestions
Facilitative Mediation(cont)
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May not be practical for enforcementTime consumingMultiple sessions – “need time to think”
Negatives of Facilitative Mediation
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Mary Smith is a PT who has been working PRN for the last five years, and has not had a FT position in two years. Infinity has landed a contract for a new facility, and the current DOR will be moving on. Recruiting has requested a meeting with Mary to discuss the possibility of hiring her for the DOR role. Neither knows much about the other’s interests or alternatives.
Role play
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There is a wide-range of possible outcomes. What should Mary do? How can she negotiate the best terms for employment? What should the Recruiting agent do? How can she negotiate the best terms for the company?
Break into groups and report back how it was resolved
Questions to ask
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Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, Bruce Patton
Getting Past No, William UryHelpful in multiple situations
Suggested Reading