Introduction to Mediation Concepts
Richard A. Posthuma, J.D., Ph.D., GPHR, SPHR
For more on Indian HR industry, click here
What Tactics Do Mediators Use?
• Two or more parties can voluntary reach an agr...
For more on Indian HR industry, click here
Mediator Characteristics
• Neutral
> While sometimes give opinions, the best ro...
For more on Indian HR industry, click here
Situations When Mediation Might Be Appropriate
• Formal complaints, grievances ...
For more on Indian HR industry, click here
Mediator Characteristics
• Mediation is a process that moves through stages.
• ...
For more on Indian HR industry, click here
What Tactics Do Mediators Use?
• Pressure try to change (or lower) a party’s ex...
For more on Indian HR industry, click here
Summary
• Mediation is a voluntary process.
• The mediator tries to help negoti...
Thank You!
For more on Indian HR industry, click here
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HR Knowledge : Conflict Management through Mediation - SHRM India

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Two or more parties can voluntary reach an agreement to resolve a dispute with the help of a third person called the mediator.

Mediators
Are not: the judges or juries.
Are: neutral facilitators.

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  • This presentation gives an introduction to some mediation concepts and ideas that will be helpful as you work through actual mediation or through the mediation exercises included in this learning module.
  • What do mediators actually do?
    Research has shown that the tactics listed on this slide have proven to be effective mediation tactics.
    Source:
    Posthuma, Dworkin & Swift (2002).
  • Good mediators are people who are neutral, intelligent and trustworthy.
    Source:
    Wilmot, W. W. & Hocker, J. L. (2001). Interpersonal Conflict, 6th Edition. Irwin McGraw-Hill.
  • Sometimes there are formal mediation processes, like during collective bargaining negotiations. When the parties are not able to reach an agreement by themselves, a mediator may be appointed to help in the negotiations.
    However, it is probably more common for people to experience less a formal mediation process. In these situations, just about anybody (boss, co-worker, subordinate, etc.) can act as a mediator.
  • Good mediators are people who are neutral, intelligent and trustworthy.
    Source:
    Wilmot, W. W. & Hocker, J. L. (2001). Interpersonal Conflict, 6th Edition. Irwin McGraw-Hill.
  • What do mediators actually do?
    Research has shown that the tactics listed on this slide have proven to be effective mediation tactics.
    Source:
    Posthuma, Dworkin & Swift (2002).
  • This presentation gives an introduction to some mediation concepts and ideas that will be helpful as you work through actual mediation or through the mediation exercises included in this learning module.
  • HR Knowledge : Conflict Management through Mediation - SHRM India

    1. 1. Introduction to Mediation Concepts Richard A. Posthuma, J.D., Ph.D., GPHR, SPHR
    2. 2. For more on Indian HR industry, click here What Tactics Do Mediators Use? • Two or more parties can voluntary reach an agreement to resolve a dispute with the help of a third person called the mediator. • Mediators • Are not: the judges or juries. • Are: neutral facilitators. 2 © SHRM 2010
    3. 3. For more on Indian HR industry, click here Mediator Characteristics • Neutral > While sometimes give opinions, the best role is to get the parties to mutually decide how to settle their dispute. • Intelligent > Understands the nature of the issues. > Socially and emotionally intelligent; can read the parties and chose the right tactics. • Trustworthy > Can be trusted with information that one party doesn’t want revealed to the other party. 3 © SHRM 2010
    4. 4. For more on Indian HR industry, click here Situations When Mediation Might Be Appropriate • Formal complaints, grievances or lawsuits. • Informal workplace disputes: > Managers often act as mediators between employees. 4 © SHRM 2010
    5. 5. For more on Indian HR industry, click here Mediator Characteristics • Mediation is a process that moves through stages. • Introduction: Mediator introduces self and sets the ground rules. • Problem-solving: Mediator uses various tactics to help parties to reach agreement. • Agreement: Mediator helps finalize the agreement (e.g., in writing) by getting a commitment from both parties. 5 © SHRM 2010
    6. 6. For more on Indian HR industry, click here What Tactics Do Mediators Use? • Pressure try to change (or lower) a party’s expectations, push them to make concessions, etc. • Processes to simplify the agenda, call for caucuses, control the timing or pace of negotiations, teach them about bargaining processes (give and take, positions v. interests). • Friendliness to gain trust and confidence, use humor, let them blow off steam, speak their language. • Avoid negative emotions: control expressions of hostility. • Discuss alternatives: Discuss other settlements, have them prioritize the issues. 6 © SHRM 2010
    7. 7. For more on Indian HR industry, click here Summary • Mediation is a voluntary process. • The mediator tries to help negotiating parties reach an agreement that resolves their dispute. 7 © SHRM 2010
    8. 8. Thank You! For more on Indian HR industry, click here

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