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Abstract
Conflict resolution is an essential aspect of a project
manager’s role. As a technical discipline, project
management has developed over the years an array
of tools to detect and prevent resource allocation
issues; it has not focused as much on exploring
standard procedures for addressing conflicts between
parties when they arise. This paper revisits mediation
models developed as frameworks for alternative
dispute resolution in the judicial realm. It explores
how these can be best adapted to the challenge of
consistent project management. Conceived as a
primer, it offers a set of maxims and advice for the
practising project manager. It further explores how
the role of the project manager in a networked,
collaborative environment can be redefined as that of
a project mediator to optimize the participatory
process and improve collaboration.
Introduction
Project managers plan, organize and manage limited
resources to ensure the successful completion of
specific goals and objectives. As a field of practice,
project management has developed many tools to
detect and prevent resource allocation issues.
Although project governance guidelines often define
a framework for handling conflicts in case of project
failure, little research has gone into establishing
standard procedures for proactively managing
conflict between parties during a project’s lifecycle.
This lack of guidance is all the more of a paradox that
by their very nature, projects are context to conflicts
which require regular if not constant negotiations
between the parties involved. Project managers and
project directors are often expected to have the
authority and experience to arbitrate disputes that
may arise within the course of the projects they lead.
Though arbitration may work in single-entity
organizations, it becomes a complicated model to
adopt when numerous entities, departments and
personalities are involved.
Figure 1 - mediation offers an alternative to arbitration.
In this context, the expanding role of mediation in the
judicial world can serve as a new model for project
managers. A facilitated negotiation, mediation is
increasingly used as an alternative to arbitration or
adjudication in legal contexts as diverse as divorce,
collective bargaining, small claims courts or
intellectual property lawsuits. The success of
mediation as an Alternative Dispute
Resolution (ADR) procedure is, to a great extent, a
corollary of the new approaches to negotiation
Negotiation
Two parties trying to solve an issue
more control
to the parties
less control
for the parties
shorter process longer process
Mediation
Two parties with one neutral
trying to solve an issue
Arbitration
Two parties with one empowered
evaluator to solve an issue
Adjudication
Two parties with one judge
to solve an issue
Resolving conflicts:
a primer on mediation for project managers
Casey BAUER, Neil COLLINS, Keith HALL, Nicolas HANS,
Masa OTA and Gill ROEDER
developed over the past decades. In defining
negotiation as an opportunity for value creation and
moving away from the traditional “you win, I lose”
positional bargaining model, organizations such as
the Program On Negotiation at Harvard Law School
have helped better define the role of mediation in
legal environments. This approach proposes that
mediators minimize evaluative behaviours to focus
on assisting parties to reach durable agreements.
Manage conflicts
to unleash untapped value
The cornerstone to such facilitative conflict
resolution is the recognition that dispute between
parties represents an opportunity for value creation,
paving the way to enduring commitments.
Discovering this potential hidden value in a project
environment requires that the proper participatory
process be set-up and maintained throughout a
project’s lifecycle. To ensure that things move
forward, project managers must create a comfortable
and productive atmosphere by detecting and
diagnosing tactical behaviours, commending
productive conduct, reframing negative or neutral
statements into positives. In case of a deadlock
situation, it may help to discuss with the parties the
concept that conflicts are opportunities.
Project participants all face their own constraints in
terms of resources and priorities. From a logistics and
financial standpoint, a project manager’s role is to
ensure that the potential bottlenecks resulting from
these constraints are minimized: the constraints of
time, cost and scope are often pictured as the three
corners of a project management triangle which need
to be adequately balanced. To instate a participatory
process that can unleash hidden value, project
managers need to preserve their neutrality while
ensuring that parties are not only sufficiently
informed of available options, but also empowered
enough to explore possible solutions. As
such, neutrality, informed consent and self-
determination constitute the three corners of
a participatory process triangle which is profoundly
different from the arbitration model often adopted by
project managers.
Figure 2 – By balancing the participatory process triangle,
project managers can unleash hidden value.
Balancing such a triangle requires that project
managers establish a transparent but flexible process
that favours constructive behaviour, to promote
active listening and help parties recognize their
ability to find a solution.
Establish a flexible process
that favours constructive behaviour
To ensure that project meetings are a genuinely
participatory process, project managers need to
privilege process. In establishing clear rules of
conduct upfront, and reinforcing these as necessary,
they can ensure that discussions and agreements
guarantee clear, efficient and effective
communication between the parties. With a flexible
process—separating conflicting parties through
private caucuses, for example,—project managers
can strive to improve communications to prevent
gridlock and keep exploring possible solutions with
each party.
neutrality
self-determinationinformed consent
value creation
Figure 3 – By focusing on process management, project
managers can preserve their neutrality.
Purpose, Product, People and Process which are often
referred to as the Four Ps of process
management. These constitute a useful check-list for
defining clear ground rules. Remind the purpose of
the day’s meeting, elicit agreement on the
expected product or output, verify that all
the parties who need to be involved are present and
propose a process or agenda for the meeting to
provide the core framework to a productive
environment.
Depending on the level of tension between the
parties, this kick-off process can be more or less
formal. Whereas a weekly update between parties
that regularly meet may need only a rapid summary,
a meeting specifically called to handle a crisis should
be given a more explicit procedural kick-off.
Whatever the context, preliminary preparation of all
parties is essential to ensure that none of the Ps comes
as a surprise to any parties present.
In focusing on the process, project managers claim
their neutrality upfront with respect to substance, and
proactively position themselves as mediators
between conflicting parties.
Promote active listening to help parties share
their interests
Once ground rules clearly established, project
managers need to help each party expose the
constraints they face, and to ensure that their interests
are heard and understood by all other participants. At
this point, active listening becomes all the more
essential that, the higher the tension between parties,
the less they feel heard themselves and the less they
will listen to each other.
To promote a participatory process, project managers
need to lead by example and practice the empathy
loop. By inquiring, listening and reframing
arguments put forward, they not only demonstrate an
understanding of the participant’s needs but also
ensure that other participants hear the issues at stake.
In doing so, project managers can help participants
explore their respective assumptions or “ladder of
inference”. Acknowledging the other party’s
conclusions, probing to understand the logic of the
interpretation that leads them to such findings, and
exploring the data and assumptions on which they
based their analyses.
Figure 4 – Use empathy and active listening to help
parties explore their respective ladders of inference.
Empower parties to recognize their ability
to find a solution
By proactively listening to each party, project
managers help them express not only their interests
but also expand their willingness to acknowledge the
other party’s position. In ensuring that parties are
assertive and advocate their needs, project mediators
empower them and help them recognize their own
ability to find a solution, creating a context in which
parties are willing to brainstorm to explore possible
options.
If parties resist sharing or listening, it often proves
useful to remind them of the benefits that interest-
sharing can bring. Listening paves the way to
generating options, helps identify opportunities for
cooperation that might otherwise be lost and paves
the way to reaching an agreement.
To facilitate brainstorming in low-trust or high-
tension circumstances, project managers should
consider the use of private caucuses with each
conflicting party. By temporarily separating parties
into different rooms and sending them to neutral
corners, project managers can better facilitate the
negotiation process. They can help each participant
explore possible options more freely, away from
conflicting parties. By moving from one room to
another, project managers can relay possible options
and provide time for each party to evaluate the
legitimacy of possible solutions.
Figure 5 – Private caucuses with each conflicting party
can help explore the circle of value.
By organizing such a mediation ballet, project
managers provide a neutral sounding board to each
party. As emissaries, they can buffer and attenuate
potential tensions, as they have the chance to
rephrase the opposing parties’ interests and options.
As facilitators, they ensure that participants fully
explore the circle of value whereby conflicting
parties can better understand their respective
interests, brainstorm for possible options and
evaluate the legitimacy of selected solutions.
Conclude by formalizing commitments
Several rounds and exchanges may be necessary to
help opposing parties find common ground and
define converging options. Once one or more viable
options are identified and evaluated as legitimate by
each party, the plenary session can resume. By
summarizing possible solutions and exposing them to
the parties, project managers explicitly inform all
parties of their potential obligations and
commitments. By ensuring the informed consent of
the parties, project managers facilitate a decision that
will be durable because it has been self-determined.
Time providing, project managers should feel free to
invite parties to further brainstorm for unexplored
options. Such joint brainstorming may not only
uncover possible new solutions but also restore or
reinforce a sense of collaboration that will prove
essential to the future evolution of the project.
As mediators and beholders of the process, project
managers need to conclude by formalizing in writing
the commitments made by the parties. Although
these commitments will already be summarized in
meeting minutes and often boil down to tasks on a
project plan, project managers should consider
drafting a more formal document when a conflict
between parties has been tense. Beyond the project
team, each participant will have to advocate and
eventually defend within their departments or
organizations the commitments they will have made.
A formal document mediated by the project manager
that accurately summarizes each party’s
commitments will play a pivotal role in that process
and help ensure the durability of the adopted solution.
In conclusion
Project managers need to handle increasingly
networked, multi-party environments. The use of
mediation techniques initially developed in the
judicial realm of Alternative Dispute Resolution can
help them improve collaboration and optimize the
participatory process. By letting go of the arbitration
role that is often expected from them and adopting a
mediator role, project managers can focus on process
and promote their neutrality with respect to
substance.
About this paper
The original version of this article was produced for
the Program On Negotiation. It was co-authored by
Casey Bauer, Neil Collings, Keith Hall, Masa Ota,
Gil Roeder and Nicolas Hans.

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A primer on mediation for project managers

  • 1. Abstract Conflict resolution is an essential aspect of a project manager’s role. As a technical discipline, project management has developed over the years an array of tools to detect and prevent resource allocation issues; it has not focused as much on exploring standard procedures for addressing conflicts between parties when they arise. This paper revisits mediation models developed as frameworks for alternative dispute resolution in the judicial realm. It explores how these can be best adapted to the challenge of consistent project management. Conceived as a primer, it offers a set of maxims and advice for the practising project manager. It further explores how the role of the project manager in a networked, collaborative environment can be redefined as that of a project mediator to optimize the participatory process and improve collaboration. Introduction Project managers plan, organize and manage limited resources to ensure the successful completion of specific goals and objectives. As a field of practice, project management has developed many tools to detect and prevent resource allocation issues. Although project governance guidelines often define a framework for handling conflicts in case of project failure, little research has gone into establishing standard procedures for proactively managing conflict between parties during a project’s lifecycle. This lack of guidance is all the more of a paradox that by their very nature, projects are context to conflicts which require regular if not constant negotiations between the parties involved. Project managers and project directors are often expected to have the authority and experience to arbitrate disputes that may arise within the course of the projects they lead. Though arbitration may work in single-entity organizations, it becomes a complicated model to adopt when numerous entities, departments and personalities are involved. Figure 1 - mediation offers an alternative to arbitration. In this context, the expanding role of mediation in the judicial world can serve as a new model for project managers. A facilitated negotiation, mediation is increasingly used as an alternative to arbitration or adjudication in legal contexts as diverse as divorce, collective bargaining, small claims courts or intellectual property lawsuits. The success of mediation as an Alternative Dispute Resolution (ADR) procedure is, to a great extent, a corollary of the new approaches to negotiation Negotiation Two parties trying to solve an issue more control to the parties less control for the parties shorter process longer process Mediation Two parties with one neutral trying to solve an issue Arbitration Two parties with one empowered evaluator to solve an issue Adjudication Two parties with one judge to solve an issue Resolving conflicts: a primer on mediation for project managers Casey BAUER, Neil COLLINS, Keith HALL, Nicolas HANS, Masa OTA and Gill ROEDER
  • 2. developed over the past decades. In defining negotiation as an opportunity for value creation and moving away from the traditional “you win, I lose” positional bargaining model, organizations such as the Program On Negotiation at Harvard Law School have helped better define the role of mediation in legal environments. This approach proposes that mediators minimize evaluative behaviours to focus on assisting parties to reach durable agreements. Manage conflicts to unleash untapped value The cornerstone to such facilitative conflict resolution is the recognition that dispute between parties represents an opportunity for value creation, paving the way to enduring commitments. Discovering this potential hidden value in a project environment requires that the proper participatory process be set-up and maintained throughout a project’s lifecycle. To ensure that things move forward, project managers must create a comfortable and productive atmosphere by detecting and diagnosing tactical behaviours, commending productive conduct, reframing negative or neutral statements into positives. In case of a deadlock situation, it may help to discuss with the parties the concept that conflicts are opportunities. Project participants all face their own constraints in terms of resources and priorities. From a logistics and financial standpoint, a project manager’s role is to ensure that the potential bottlenecks resulting from these constraints are minimized: the constraints of time, cost and scope are often pictured as the three corners of a project management triangle which need to be adequately balanced. To instate a participatory process that can unleash hidden value, project managers need to preserve their neutrality while ensuring that parties are not only sufficiently informed of available options, but also empowered enough to explore possible solutions. As such, neutrality, informed consent and self- determination constitute the three corners of a participatory process triangle which is profoundly different from the arbitration model often adopted by project managers. Figure 2 – By balancing the participatory process triangle, project managers can unleash hidden value. Balancing such a triangle requires that project managers establish a transparent but flexible process that favours constructive behaviour, to promote active listening and help parties recognize their ability to find a solution. Establish a flexible process that favours constructive behaviour To ensure that project meetings are a genuinely participatory process, project managers need to privilege process. In establishing clear rules of conduct upfront, and reinforcing these as necessary, they can ensure that discussions and agreements guarantee clear, efficient and effective communication between the parties. With a flexible process—separating conflicting parties through private caucuses, for example,—project managers can strive to improve communications to prevent gridlock and keep exploring possible solutions with each party. neutrality self-determinationinformed consent value creation
  • 3. Figure 3 – By focusing on process management, project managers can preserve their neutrality. Purpose, Product, People and Process which are often referred to as the Four Ps of process management. These constitute a useful check-list for defining clear ground rules. Remind the purpose of the day’s meeting, elicit agreement on the expected product or output, verify that all the parties who need to be involved are present and propose a process or agenda for the meeting to provide the core framework to a productive environment. Depending on the level of tension between the parties, this kick-off process can be more or less formal. Whereas a weekly update between parties that regularly meet may need only a rapid summary, a meeting specifically called to handle a crisis should be given a more explicit procedural kick-off. Whatever the context, preliminary preparation of all parties is essential to ensure that none of the Ps comes as a surprise to any parties present. In focusing on the process, project managers claim their neutrality upfront with respect to substance, and proactively position themselves as mediators between conflicting parties. Promote active listening to help parties share their interests Once ground rules clearly established, project managers need to help each party expose the constraints they face, and to ensure that their interests are heard and understood by all other participants. At this point, active listening becomes all the more essential that, the higher the tension between parties, the less they feel heard themselves and the less they will listen to each other. To promote a participatory process, project managers need to lead by example and practice the empathy loop. By inquiring, listening and reframing arguments put forward, they not only demonstrate an understanding of the participant’s needs but also ensure that other participants hear the issues at stake. In doing so, project managers can help participants explore their respective assumptions or “ladder of inference”. Acknowledging the other party’s conclusions, probing to understand the logic of the interpretation that leads them to such findings, and exploring the data and assumptions on which they based their analyses. Figure 4 – Use empathy and active listening to help parties explore their respective ladders of inference. Empower parties to recognize their ability to find a solution By proactively listening to each party, project managers help them express not only their interests but also expand their willingness to acknowledge the other party’s position. In ensuring that parties are assertive and advocate their needs, project mediators empower them and help them recognize their own ability to find a solution, creating a context in which parties are willing to brainstorm to explore possible options.
  • 4. If parties resist sharing or listening, it often proves useful to remind them of the benefits that interest- sharing can bring. Listening paves the way to generating options, helps identify opportunities for cooperation that might otherwise be lost and paves the way to reaching an agreement. To facilitate brainstorming in low-trust or high- tension circumstances, project managers should consider the use of private caucuses with each conflicting party. By temporarily separating parties into different rooms and sending them to neutral corners, project managers can better facilitate the negotiation process. They can help each participant explore possible options more freely, away from conflicting parties. By moving from one room to another, project managers can relay possible options and provide time for each party to evaluate the legitimacy of possible solutions. Figure 5 – Private caucuses with each conflicting party can help explore the circle of value. By organizing such a mediation ballet, project managers provide a neutral sounding board to each party. As emissaries, they can buffer and attenuate potential tensions, as they have the chance to rephrase the opposing parties’ interests and options. As facilitators, they ensure that participants fully explore the circle of value whereby conflicting parties can better understand their respective interests, brainstorm for possible options and evaluate the legitimacy of selected solutions. Conclude by formalizing commitments Several rounds and exchanges may be necessary to help opposing parties find common ground and define converging options. Once one or more viable options are identified and evaluated as legitimate by each party, the plenary session can resume. By summarizing possible solutions and exposing them to the parties, project managers explicitly inform all parties of their potential obligations and commitments. By ensuring the informed consent of the parties, project managers facilitate a decision that will be durable because it has been self-determined. Time providing, project managers should feel free to invite parties to further brainstorm for unexplored options. Such joint brainstorming may not only uncover possible new solutions but also restore or reinforce a sense of collaboration that will prove essential to the future evolution of the project. As mediators and beholders of the process, project managers need to conclude by formalizing in writing the commitments made by the parties. Although these commitments will already be summarized in meeting minutes and often boil down to tasks on a project plan, project managers should consider drafting a more formal document when a conflict between parties has been tense. Beyond the project team, each participant will have to advocate and eventually defend within their departments or organizations the commitments they will have made. A formal document mediated by the project manager that accurately summarizes each party’s commitments will play a pivotal role in that process and help ensure the durability of the adopted solution.
  • 5. In conclusion Project managers need to handle increasingly networked, multi-party environments. The use of mediation techniques initially developed in the judicial realm of Alternative Dispute Resolution can help them improve collaboration and optimize the participatory process. By letting go of the arbitration role that is often expected from them and adopting a mediator role, project managers can focus on process and promote their neutrality with respect to substance. About this paper The original version of this article was produced for the Program On Negotiation. It was co-authored by Casey Bauer, Neil Collings, Keith Hall, Masa Ota, Gil Roeder and Nicolas Hans.