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Mediation, Mediation Process Mediation and Strategies For Conflict Resolution

Mediation, Mediation Process Mediation and Strategies For Conflict Resolution






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    Mediation, Mediation Process Mediation and Strategies For Conflict Resolution Mediation, Mediation Process Mediation and Strategies For Conflict Resolution Presentation Transcript

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    • Mediation can be defined as a process whereby a neutral facilitator aids parties in reaching a mutually agreeable resolution of their dispute. It is a process whereby the parties rather than going back and forth by telephone, letters, or in front of a judge, set aside one or more days to try to hammer out their differences and reach a compromise so that both sides are happy. For a mediation to be successful, both sides have to be willing to actively and earnestly participate in the process. 3
    • BACKGROUND: Research technicians Ellis and Jessica are on the same grade. Jessica has been in her post for two years, has two children and a degree. Ellis is close to retirement and has worked his way up after gaining an HNC. Jessica spends a lot of time with the students, which means Ellis has to pick up more of the experimental work. Their manager John, a principal investigator, has not had a discussion with them regarding their work to see if there are any issues, but sees a lack of teamwork between Jessica and Ellis. 4
    • Ellis Position: Ellis is thoroughly fed up of ‘covering’ for Jessica. He feels Jessica always taking time off work to look after her children or away from the lab gossiping with students. Jessica Position: Ellis • Jessica feels Ellis is just ‘working his ticket’. She doesn’t like his language (calling her ‘love’ all the time) and thinks he’s far too familiar and gets too close to her than she’s comfortable with. 5
    • •Ellis overhears some gossip in the tea room regarding the quality of his work and guesses it was started by Jessica. What little trust there was between them has now been lost. To make matters worse, Jessica and Ellis were supposed to set up an experiment for a senior academic this wasn’t done and the experiment couldn’t go ahead. Jessica •The principal investigator calls them both into his office after the senior academic put in a complaint. John tells them that this was the last straw (following some similar incidents over the previous months) and strongly recommends mediation. 6
    • • Both Ellis and Jessica wanted to avoid more formal procedures and agreed to give it a go. Ellis and Jessica attended their individual sessions with the mediators, and at the end of these sessions the mediators suggested a joint meeting might be appropriate. • They agreed that they would be prepared to try a joint meeting although Ellis and Jessica were still a little concerned that what was said would get back to John. After hearing assurances from the mediators that wouldn’t happen and anything said in the meeting would be treated in the strictest confidence, they felt happier to try the next step. 7
    • • Civil litigation • Family/divorce • Consumer • Workplace/employment • Neighborhood • Landlord/ tenant • Business contracts • Disability issues • School 8
    • • An incident had just occurred and people are too upset. • One party is using mediation to escalate the dispute • One party seems incapable of listening • One party might be better off using the courts • The issue deserves public attention. 9
    • • Mediator opening statement • Party opening statements • Exchange/negotiation • Use the mediator as a messenger • Closure/agreement 10
    • • Facilitative  The facilitative mediator “asks questions  Validates and normalizes parties’ points of view  Assists the parties in finding and analyzing options for resolution  Mediator does not offer advice, recommendations or opinions 11
    • •Evaluative  Often used when money is an issue in the dispute.  Offer an opinion of the merits of the case  Evaluation can either apply to the legal issues or factual issues, be they financial, engineering related or otherwise”  This style may also point out strengths and/or weaknesses of the positions proposed by each side of the dispute. 12
    • • Transformative  One of the newer styles of mediation  Keeps the structure of the facilitative style  Seeks to empower each of the parties and encourage each party to recognize the other party’s point of view.  Focuses a great deal on interaction and communication between the disputants 13
    • • Narrative  This style of mediation pre-supposes that people become caught in the conflict cycle because they see themselves as being bound to it.  Mediator using this style gets the parties to view the conflict from a distance, through story telling  Linden states that this style works well when the disputants have an on-going relationship past the mediation. 14
    • Joint mediation: The mediators explained the ground rules to Jessica and Ellis for the joint session, which included reaffirming that they would be get: •Equal time with no interruptions while they were speaking •A chance to hear from the other person’s point of view •Reassurance that any notes taken during the session would be destroyed after the session and that a written agreement would be produced if requested by both parties at the end •Reaffirmation of the confidentiality of mediation During the joint session Ellis and Jessica had an equal opportunity to explain their concerns and to raise issues they felt were causing them anxiety. The meeting was quite intense at first but with the mediator’s direction both Ellis and Jessica began to relax and openly discuss their difficulties, making suggestions on how they could work together in the future. Jessica and Ellis decided that it would help to have a written record of what was suggested. They also thought it would be useful to keep a copy of their agreement for reference. 15
    • The ‘agreement/ behaviors contract’ is voluntary but it helps to reinforce what has been agreed. Ellis and Jessica agreed to: • Use less familiarity when speaking to one another and be aware of personal spaces • Have more understanding of flexibility around childcare situations at short notice • Have better communication and raise concerns directly with the other person, and have a ‘no gossip’ rule • Respect each others skills and experience • Improve understanding about sharing the setting up of experiments Jessica and Ellis also agreed to contact the mediators if anything went wrong in the future. The mediators agreed to be available if needed and to follow up the joint meeting after a couple of months to see how things were progressing. 16
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