LWSSL316_Conflict_Mngmt_3rd_P

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Negotiation & Conflict Management (Advanced)

Conflict Management as a Third-Party

Facilitation

Arbitration

Mediation

Conflict Management as a Third-Party

Index

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External mediators

Advanced internal mediators

Challenges associated with internal mediators

The decision to train internal mediators will hinge on the priorities of the organization. It's important to recognize that the journey to becoming a mediator can be gradual, starting with personal conflict coaching skills and progressing to accreditation, alongside the success of early resolution strategies.

Conflict Management as a Third-Party

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Mediation coordinator

Mediation

The mediation coordinator is typically part of the resolution team and is likely to be associated with the HR team as well. This individual plays a crucial role in organizing the mediation process and exploring options if one party is hesitant to participate. Therefore, having training in mediation skills is beneficial, as they will guide the parties in making informed decisions about mediation. If the parties need guidance on formal procedures later on, the mediation coordinator can connect them with an HR team member.

+ Info

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Management of the Mediation Process

The ideal way to handle this process is through the appointed mediation coordinator, who is typically part of the HR team. There are two distinct processes that need to be overseen.

+ Workplace mediation

+ Employment mediation

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Arbitration

+ Arbitration

Arbitration shares similarities with mediation as a form of alternative dispute resolution, involving an external party to assist in resolving conflicts. However, in arbitration, the arbitrator leads a hearing and makes a binding decision on the outcome. This process is akin to litigation but tends to be quicker, more cost-effective, and offers greater flexibility. There’s no need to navigate court schedules, and the involved parties can establish the rules that will govern the arbitration.

Facilitation

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A facilitator will guide the discussion, which means you won't be favoring anyone or representing either side.

+ Acting as Facilitator

• Pinet, A. & Sander, P. (2012). The Only Negotiation Book You’ll Ever Need. Adams media.
• Rahim, M.A. (2023). Managing Conflict in Organizations. Fifth Edition. Routhledge. Taylor & Francis Group. ISBN: 978- 1- 003- 28586- 1 (ebk)
• Moore, C. W. (2014). The Mediation Process: Practical Strategies For Resolving Conflict (4th ed.). Jossey-Bass. ISBN 978-1-118-30430-3 (pbk.)
• Scott, V. (2015). Workplace Conflict Resolution Essentials for Dummies. A Wiley Brand. ISBN: 9780730319504
• Weinstein, L. (2018). The 7 Principles of Conflict Resolution. How to Resolve Disputes, Defuse Difficult Situations, and Reach Agreement. Publishing Financial Times. Pearson.

Webliography

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ArbitrationFor instance, evidence that might be excluded in a courtroom can be presented during arbitration. Additionally, the parties have the freedom to select their arbitrators and determine whether the arbitration will be binding (where the parties must adhere to the arbitrator's final ruling) or nonbinding (where the parties can consider the award but are not obligated to follow it). Once the arbitration concludes, the decision is final and cannot be appealed, effectively resolving the conflict and closing the case. Arbitrators are often specialists in the relevant field, respected community figures, or seasoned legal professionals like retired judges or lawyers. When selecting an arbitrator, it’s important to find someone with strong written and verbal communication skills, excellent organizational abilities, and the capacity to quickly summarize information and make sound decisions. Reviewing the arbitrator's past experiences and their success in resolving similar disputes efficiently and amicably can also be beneficial. Quick Tips 1. Utilize notes from negotiations to create the contract. 2. Aim to be the one drafting the contract. 3. Thoroughly review the contract, line by line.

Employment mediation This process tends to be more formal and is relevant in cases where a relationship has deteriorated. It often involves negotiations and agreements aimed at resolving the issues, which may include parting ways. In this scenario, the mediator will not be affiliated with the organization, and legal counsel may be necessary to guide the parties on the implications of their decisions during mediation. Additionally, the matter might have been taken to court or a tribunal.

Workplace mediation

This approach is generally more informal and is designed for individuals who are expected to maintain a working relationship. The focus here is on fostering relationships and establishing boundaries rather than negotiating the end of a relationship. The mediator may also be an employee of the organization.

External mediators There might be external mediators who are completely independent from the organization. Despite this independence, it's essential for the parties to feel confident that the mediator is supportive of their interests. If both parties agree to mediation, the organization should suggest an internal mediator or mediation service. They should have the option to select up to three mediators and engage in a private conversation with one of them before making a final decision on whether to proceed.

Mediation

Mediation involves a third party known as a mediator. While it can be advantageous for the mediator to have in-depth knowledge of the issues at hand, it is not always essential. The key is that the mediator should be skilled in dispute resolution, as their primary role is to assist the conflicting parties in reaching an agreement, particularly when discussions have stalled. The mediator provides a new viewpoint on the matter, facilitating the search for a potential resolution. Since the mediator represents both parties, they are not inclined to cling to specific concessions or impose demands. Their focus is on achieving the best possible "win-win" scenario based on the facts and goals of those involved.

Unlike a legal trial, mediation is not a formal legal process, and the mediator does not have the authority to dictate the terms of the agreement. It is a more relaxed setting where the mediator engages with both parties together and then individually, helping them to refocus on their objectives and strategies. Mediators are often called upon to resolve disputes and prevent litigation. Even if a lawsuit is already in progress, they can help minimize additional legal fees and court costs. Since the costs of the mediator are shared among all parties, it often proves to be a more economical and advantageous option. The mediated agreement, much like a contract formed through negotiation, is officially recorded, signed, and legally binding. If this agreement is made after a lawsuit has been initiated, a copy will be submitted to the court, allowing for the case to be dismissed.

Challenges associated with internal mediators

• The involvement of the parties as internal mediators might be perceived as biased.
• Engaging in mediation and continuous professional development can distract the internal mediator from their regular responsibilities.
• The opportunities for the mediator to facilitate may be restricted.
• It's important to establish clear guidelines on when to consider bringing in external mediators.

Advanced internal mediators

• They foster a culture of early resolution by offering training, managing mentoring feedback, and providing ongoing support for peer coaches and resolution agents in their professional development.
• In cases where the organization operates across various locations, the internal mediator can maintain true impartiality since they are unfamiliar with the involved parties.
• Additionally, cross-organizational resolution programs can be implemented, allowing organizations to share and utilize each other's mediators.

Content

This encompasses everything from the topics being discussed to the quality and volume of ideas shared. Before the meeting, use this content to create a plan, and afterward, leverage it to drive resolution. Examples of content include:

• The ideas generated during discussions
• The issues that need addressing
• The decisions reached
• The plans formulated
• The actions taken to implement the plan
• The progress made that needs to be reviewed

Acting as Facilitator

In group meetings aimed at resolving conflicts, even if you've been seen as the go-to problem-solver in the past, your role shifts to that of a neutral facilitator. This is not the moment for lecturing, suppressing questions, or sending team members away feeling defeated. Instead, your goal is to foster an environment where participants can collaboratively tackle issues and devise their own solutions. Think of yourself as an impartial guide during this process. As the facilitator, it's essential to establish that the meeting is a safe and constructive space where team members can express themselves freely, share their viewpoints, and engage with the subject matter. This involves:

Process

This refers to the framework that cultivates a collaborative atmosphere, ensuring that everyone has a fair opportunity to voice their opinions, which will be acknowledged and valued. Key elements of the process include:

• Engaging participants
• Facilitating communication
• Building trust among team members
• Providing support to individuals
• Encouraging idea generation and evaluation
• Implementing decision-making procedures and outlining next steps