Introduction to Mediation

Resolving
Team & Staff
Conflict
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What is Conflict?
Conflict occurs as a result of a
perceived divergence of interest, or
a belief that the current parties
aspirations cannot be met
simultaneously
(Rubin,Pruitt & Kim, 1994)
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Types of Conflict

Substantive
• Facts

Procedural
•Way situation has been handled

Psychological
•Impact on feelings
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Some Common Causes
of Conflict

Relationships
• Emotional Issues

Interests
• Resource Competition

Communications
• Differing Goals

Value differences
 Differing
Perceptions
• Personality Clash
• Management Styles
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Conflict Escalation
Responses to Conflict

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Do Nothing (Live with it!)
Negotiate
Mediate
Formal Investigation/Enquiry
Arbitrate / Litigate
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Personality Types
Turtles
Teddy Bears
Foxes
Owls
Sharks
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Perceptual Positions
Walking, Seeing, Hearing, Thinking, Feeling, Believing
st
1
Person
From my perspective
– Impact on ME
– How I see things
– How I feel
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Perceptual Positions
Walking, Seeing, Hearing, Thinking, Feeling, Believing
nd
2
Person
from their perspective
– Impact on them
– How they see things
– How they feel
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Perceptual Positions
rd
3
Person
– Observers View
– Impartial position
– Helicopter
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Negotiation Styles

Power Based

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Rights Based

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Strikes, Sanctions, War
Courts, Adjudication, Arbitration
Interest Based

Mediation, Negotiation
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Power Based

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Win / Lose outcome
Total lack of trust
Focus on differences
Damages relationships
Outcome unsatisfactory for one/both
Costly
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Rights Based

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Third party decision
Law/precedent based
Uncertain outcomes
High cost

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$$$, and
Emotions/Stress
Time
Relationship deterioration
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Interest Based

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Issue identification
Interests
– Wants, needs
– Fears, concerns

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Mutual respect
Flexibility
Protects relationships
Outcome more sustainable
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Resolution Styles
High
Low
Interest Based
1
Mediation
LIKLIHOOD of
COST
Rights Based
SATISFACTORY
OUTCOME
Adjudication - Arbitration
Power Based
Strikes - War
Low
High
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Questions?
Do you think this dispute will
still be going on in ………?
If there were two methods of
resolving disputes
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Key Skills - Questioning

Closed questions invite Yes/No


End the exchange
Open questions begin with:
–How, What, When, Where, Who…
–Tell me about …
–How do you feel about? ...
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Key Skills - Listening

A skill that can be learned and improved

What do good listeners do?

What are the impacts of good listening
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Key Skills - Reflective Listening

Reflective Listening is “Active”

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Words, Intonation, Body
Concentration & Focus - Two Way
Multi level
Attitude as well as skills
Paraphrase facts and feelings
Clarify with open questions
Validate feelings - From THEIR point of view
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Key Skills - Reframing

Be 'hard' on the issues, but 'soft' on the person.

Move from :



Person to Problem
Positions to Interests
Past to Future
Neutral language and “I” statements
 Describe the speakers feelings, not the other
persons character/action

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Negotiating Agreement

Focus moves from past to present and future
 Looking for settlement options
– Challenge to take responsibility
– “What do you think would be the best outcome for everyone?
– “What do you feel you could do to move negotiations along?”

How the parties feel about the others point
of view
 Looking for common ground
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What is Mediation?

Impartial 3rd Party

Facilitated discussion

Parties in control

Parties work to THEIR solution
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How is Mediation different?

Expectations
– Win / Loss

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Hostility
Equity over Law
Flexibility
Formality
Parties retain Control
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Benefits of Mediation
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Far less costly
Interest Based
Preserves relationships
Quick
Less formal
Flexible
Participants in Control
Increased chance of procedural fairness
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Role of Mediator

Responsible for Process
 Facilitates discussion
 Impartial
 Real empathy
 Empowering
 Assertive
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Settlement Agreements
WHO
agrees
to do
WHAT
WHEN
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“Blessed are the Peacemakers”
Good Luck
If we can help please contact us
Pacific Mediation
www.pacificmediation.com.au
[email protected]
Tel: 9855 0855
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