Mediating Workplace Disputes:
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- Dwayne Ellis
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1 Mediating Workplace Disputes: Hands On Tools to Manage Staff Conflicts Leadership & Management Development Conference November 2014
2 Presented by: Harry Webne-Behrman UW-Madison Office of Human Resource Development 608/
3 Introduction What is mediation? In what situations do managers need to play a mediating role? Who else may be an effective mediator w/in an organization? What are strengths and limitations of this approach to conflict management?
4 What is mediation? Mediation is a process in which an impartial third party facilitates the resolution of conflict between two or more parties.
5 What is mediation? The mediator helps the parties understand one another s concerns so that, as a result, consensual agreements can be negotiated.
6 What is Conflict? In conflict, the parties perceive a threat to their needs, interests, or concerns They perceive finite resources, limited options, and limited solutions People respond to the perceived threats, rather than to an objective reality
7 Needs in Negotiation Substantive needs = the stuff of the conflict typical definition of problem Procedural needs = how we foster a fair and well understood process Ground Rules Psychological needs = concerning trust, honesty, safety, security, integrity
8 Discussion: Key Sources of Conflict What are some important conflicts that you face in your workplace? In what ways are they addressed? What works? Describe an effective response to a conflict Barriers/ challenges: What gets in the way of an effective response?
9 Overview of the Process Pre-negotiation (before the meeting) Opening Statement Understanding the Conflict Working It Out (Problem-Solving) Building an Agreement Closing Implementation/ Follow-up (after meeting)
10 Pre-negotiation Identify needs and concerns facing each person involved in the dispute Clarify goals/ desired outcomes of the mediation process Be sure all understand your role as a mediator in this situation
11 Opening Statement Set the tone for the conversation Establish Ground rules for the process Invite participants to modify Agree on expectations regarding confidentiality Clarify what is going to happen in the meeting
12 Understanding the Conflict Each disputant shares perspective on the conflict Mediator uses active listening to understand each person s concerns Ask participants to restate to one another Translate issues into an issues agenda to address together
13 Working It Out (Problem-Solving) Identify the issues agenda Take one issue at a time Start with a common concern that is a bite-able bite Brainstorm several possible options before evaluating
14 Working It Out (continued) Clarify criteria of each party Substantive, procedural, psychological priorities Varying scope, timeframe, etc. Manage impasse with patience and respect
15 Facilitating Through the Groan Zone
16 Managing Impasse Set aside the issue and name the impasse Review definition of the problem Shift from substantive to procedural needs Reiterate ground rules Look at BATNA Consider a structured break Treat the impasse with respect
17 Building an Agreement Patiently address all key issues Review the agreement for clarity Look for Hallmarks of a good agreement
18 Hallmarks of a Good Agreement Fair Balanced Realistic Responds to Needs of the Conflict Specific Enough As self-enforcing as possible Future-oriented
19 Closing the Session Review the Agreement Clarify action steps and timeframes Review understandings of confidentiality and those with a need to know the Agreement Congratulate participants for their courage and persistence
20 Implement and Evaluate Do all you can to implement the Agreement Arrange a time to meet together and review the Agreement: Did we follow through with the agreement? Is it working? How can it be improved? Are there any additional areas of concern?
21 Let s Practice! Differing Work Styles Scenario Person A is highly detailed, more reserved, concrete, and meets all deadlines worries that B loses sight of what matters. Person B is creative, energetic, and outgoing; takes longer to complete assignments as s/he explores all possibilities worries that A loses sight of what matters
22 Continue Learning Join the UW Conflict Resolution Learning Community! We discuss challenges, coach/support one another, practice, and bring new resources. Look for the next Mediation Skills for Managers two-day training in early 2015 Contact Harry for further information and registration details.
23 Thank you!
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