446 / DEVELOPING YOUR TECHNIQUE
Being a mediator
Defining mediation
Mediation is a structured process in which an
impartial third party facilitates the resolution of
a conflict between two negotiating parties. For
mediation to be successful, the person selected to
mediate a dispute must be acceptable to both of the
parties. They must be entirely happy that the
mediator is unbiased and will assess the
circumstances of the dispute objectively.
Acting appropriately
If you are asked to mediate a dispute, you
need to be certain that you will be able
to remain impartial and not let yourself
get swept up in the emotional side of
what is taking place. Your role will
require you to look at the situation
from the perspective of each of
the disputing parties to find
areas of common ground
between them, and use
this information to
make some
recommendations
that would be
acceptable to
both parties.
As a manager, you will often have to negotiate directly with others within
your organization, but will also sometimes be asked to get involved as a
third party to try and help parties engaged in disputes to resolve their
conflicts. You therefore need to understand the principles of effective
mediation and how your role is different to that of other mediators.
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BEING A MEDIATOR / 447
ENCOURAGE SELF-
DETERMINATION
Ensure that the disputing parties
recognize their differences and know
that their participation in the mediation
process is voluntary and they are free
to leave at any time.
GIVE OWNERSHIP
Let the disputing parties
know that they must take
responsibility for the
conflict and for its
resolution, and are
expected to identify
the issues and engage
creatively in solving
the conflict.
REMAIN NEUTRAL
Ensure that you remain
neutral and help to facilitate
the mediation process,
rather than actively trying to
influence the outcomes of
the conflict.
ADVOCATE
CONFIDENTIALITY
Make it clear to all parties
that the mediation process
is confidential. Disputing
parties are only likely to share
important information if they
believe that the mediator is
neutral and trustworthy.
USE AN INTEGRATIVE
APPROACH
Try to understand the interests of
each of the disputing parties, and
help them reach an integrative
(win–win) resolution that they
would both find acceptable.
KEEP THE GOAL IN MIND
Always remember that the aim of mediation
through integrative negotiation is not to
achieve absolute justice, but to develop
options and find the most workable and
satisfactory option.
Principles of effective mediation
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448 / DEVELOPING YOUR TECHNIQUE
Remaining impartial
The manager’s role as a mediator is similar to that
of other neutral third-party mediators. He or she
is working to the same goal as other mediators: to
help the disputing parties resolve their disputes.
However, as the types of conflict a manager has
to deal with often affect organizational goals and
performance, he or she may sometimes find it
difficult to remain neutral to its consequences. In
order to protect the organization’s interests, the
manager may sometimes have to exercise more
control over how the conflict is mediated and also
over how the dispute will be resolved. In addition,
managers will often have a shared history and
possibly a future relationship with the disputing
parties. Given these challenges, a manager must
do his or her utmost to mediate the dispute in an
unbiased manner.
80%
of business disputes
are estimated to have
been resolv ed
through mediation
To protect the organization’s
interests, the manager
may exercise c ontrol over
how the conflict is mediated
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BEING A MEDIATOR / 449
Understanding the process
The mediation process is a step-by-step, structured process. However, unlike the
rigid legal process used for mediation, the process used by managers is flexible. It
involves five main steps:
•
Initial contact Start by meeting with each party to identify the issues and provide
general information about the mediation process and principles.
•
Assessment and preparation Next, you need to introduce your role as the
mediator and talk to each disputing party to obtain information about the nature
of the dispute. You should also make an assessment of your ability to mediate
this dispute, by deciding whether the disputing parties are ready for mediation.
You also need to get the parties to commit to engaging in constructive mediation,
by asking them to sign a contract. Finally, make a list of the issues in dispute for
later discussion.
•
Joint opening session Once you are fully prepared, you then need to establish a
psychologically safe environment in which the mediation can take place. Clarify
the rules of engagement, such as mutual respect, taking notes and meeting
privately with each disputing party. Educate the parties on the differences
between each of their positions and interests and begin to work on the issues.
•
Joint sessions Facilitate a productive joint problem-solving situation by
continuing to move the disputing parties from positions to interests. Prioritize
and narrow down the issues, identify areas of agreement and areas of
disagreement, and encourage the disputing parties to make realistic proposals.
This may take one or a number of sessions.
•
Agreement Write down aspects of the agreement as the disputing parties begin
to agree on more issues. Ensure that the final agreement is very precise, is
owned by the disputants, and is forward-looking.
Ensuring that the disputing parties
reach an integrative agreement
that is satisfactory to all
Trying to resolve the conflict as
quickly and efficiently as possible
Ensuring that the mediation
process is fair to both parties
Allowing disputing parties to
express their feelings
Failing to take the time to fully listen
to and understand the interests of
the disputing parties
Allowing the conflict to disrupt the
organization’s day-to-day business
Introducing your own biases
Disregarding the emotions of the
disputing parties
MEDIATING AS A MANAGER
Do’s Don’ts
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