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1 #milehighagile
Presenters: Kevin Raum, Julie Klingel
Title: Mediators
30 May 2019
Using Mediation and Dispute Resolution
Techniques to Improve Agile Team Outcomes
2 #milehighagile
Individuals and interactions over processes and tools
Working software over comprehensive documentation
Customer collaboration over contract negotiation
Responding to change over following a plan
Agile Manifesto
3 #milehighagile
I love molecules,” explains Marcus. “You apply a certain
amount of heat and a certain amount of pressure, and you
know exactly what’s going to happen. At the start of my
career I did great working with molecules, but now I work
with people. People are unpredictable. You apply a certain
amount of heat and a certain amount of pressure, and you
never know what’sgoing to happen.”
Fred Kofman, Conscious Business
4 #milehighagile
● Objectives
○ Promoting conflict resolution skills.
○ Increase understanding of the mediation
process.
○ Explore the benefits of mediation.
○ Discuss the mediation model and strategies
you may want to use
Objectives
5 #milehighagile
Introductions
Exercise
6 #milehighagile
Conflict Words and Associations
Exercise
7 #milehighagile
Give an example of a conflict between parties that was
unsuccessfully resolved?
What kept it from being resolved successfully?
What were the consequences of not resolving it?
Conflict in Agile Teams?
8 #milehighagile
What Causes Conflict?
Differences
Conflict
Interdependence
9 #milehighagile
● Data conflicts: incomplete data or different perceptions of data
● Relationship conflicts: gender, cultural and personality differences; poor
communication
● Structural conflicts: unequal power, scarcity of resources, laws and
policies; time constraints
● Values Conflicts: deep-seated beliefs
● Interest Conflict: procedural, psychological and substantive needs
● Different conflict styles
Causes of Conflict
10 #milehighagile
TKI Conflict Styles
11 #milehighagile
Conflict Styles
12 #milehighagile
Team Conflict Styles
13 #milehighagile
Mediation Model
Mediation Process
Inputs
• 2+ Parties
• Agreement to Mediate
• Mediator – Neutral
• Information
• Mediation Rules
• Voluntary
• Confidentiality
• Respectful Listening
• Caucusing
Outputs
• MOU
• More Time
• Impasse
• Compliance Reviews
• Define the “Problem”
• Questioning – Interests & Needs
• Listening & Confirming
• Identify Options for Solving
• Select/Test “Best” Options
• Draft Agreement
14 #milehighagile
Positions, Interests & Needs
15 #milehighagile
Non Violent Communication
NVC in the Workplace
Center for Efficient Collaboration, Kashtan, M. 2015
16 #milehighagile
Needs Words
Connection
• Acceptance
• Appreciation
• Belonging
• Cooperation
• Communication
• Community
• Inclusion
• Mutuality
• Safety
• Stability
• Support
• To Know
• To See/Be Seen
• ….
Physical Well Being
• Air
• Food
• Movement
• Rest
• Safety
Honesty
• Authenticity
• Integrity
• Presence
Play
• Joy
• Humor
• Peace
• Equality
Meaning
• Awareness
• Challenge
• Clarity
• Competence
• Contribution
• Discovery
• Effectiveness
• Learning
• Participation
• Purpose
• Self-Expression
• To Matter
• Understanding
• ….
2005 by Center for Non-Violent Communication www.cnvc.org
17 #milehighagile
Feelings Words
Affectionate
• Friendly
• Tender
• Warm
Engaged
• Absorbed
• Alert
• Curious
• Engrossed
• Interested
• Involved
Hopeful
• Expectant
• Optimistic
Confident
• Open
• Proud
• Safe
• Secure
AFRAID
• Apprehensive
• Dread
• Foreboding
• Frightened
• Mistrustful
• Panicked
• Scared
• Wary
Annoyed
• Aggravated
• Dismayed
• Disgruntled
• Frustrated
• Irritated
Angry
• Enraged
• Furious
• Resentful
Disquiet
• Agitated
• Alarmed
• Disturbed
• Rattled
• Shocked
• Surprised
• Uncomfortable
Embarrassed
• Ashamed
• Flustered
• Guilty
• Self-Conscious
Fatigue
• Beat
• Burnt Out
• Depleted
• Tired
WHEN NEEDS ARE MET WHEN NEEDS ARE NOT MET
Confused
• Ambivalent
• Baffled
• Dazed
• Hesitant
• Lost
• Torn
Disconnected
• Alienated
• Aloof
• Bored
• Cold
• Detached
• Distant
• Numb
• Withdrawn
Pain
• Agony
• Anguished
• Hurt
• Lonely
• Regretful
Sad
• Depressed
• Dejected
• Despair
• Disappointed
• Forlor
• Gloomy
• Unhappy
Tense
• Anxious
• Cranky
• Distressed
• Irritable
Excited
• Amazed
• Animated
• Aroused
• Dazzled
• Eager
• Enthusiastic
• Vibrant
Grateful
• Appreciative
• Moved
• Touched
• Inspired
• Amazed
• Awed
Joyful
• Amused
• Delighted
• Glad
• Pleased
Exhilarated
• Blissful
• Ecstatic
• Elated
• Exuberant
• Radiant
• Thrilled
Peaceful
• Calm
• Centered
• Clear Headed
• Comfortable
• Content
• Mellow
• Relaxed
• Still
• Trusting
Refreshed
• Enlivened
• Rejuvenated… 2005 by Center for Non-Violent Communication www.cnvc.org
18 #milehighagile
● Andy, a developer comes to you fuming because Joe, a developer, broke the
build - yet again. He is convinced that Joe is sloppy and doesn't care about
anyone but himself. He says that the rest of the team is ready to "vote him
off the island.”
● Joe is frustrated because Andy is a perfectionist. He doesn’t feel that there
is time to do all the things that Andy wants to do in the Sprint. He resents
that Andy seems to be poisoning the rest of the team against him and he
doesn’t feel able to stand up for himself.
An Agile Example
19 #milehighagile
Open-ended questions
Using “I” language
Needs based conversation
Understanding Another’s Perspective
20 #milehighagile
1. Think about a recent conflict you had, or a conflict you are currently
having (something that you feel safe sharing, and something that’s not
high on a 1-10 scale).
2. Fill out the worksheet for yourself.
3. Find a partner and share about the conflict and positions, interests and
needs.
4. Your partner will share any feedback about any additional
interests/needs that they see and feelings they hear.
Tying It Together
21 #milehighagile
Kilmann, K (n.d.). Dealing with conflict (film).
Kilmann interview (2014). https://www.youtube.com/watch?v=cMrl20AkMtI
Rosenberg, Marshall (2015) Nonviolent Communication: A Language of Life, 3rd
Edition: Life-Changing Tools for Healthy Relationships
Thomas, K (2009). Intrinsic motivation at work.
Thomas K, and Thomas, G (2007). Introduction to conflict and teams.
Ury, W (2010). Ted Talk https://www.ted.com/talks/william_ury
Additional Resources
22 #milehighagile
Please Contact Us
Julie Klingel
Julie@JulieKlingel.com
(310) 428-5414
Kevin Raum
Kraum@Coridium.com
(703) 505-3032
Kevin@ElementsofPeace.net
(720) 563-1443
23 #milehighagile
THANK YOU
Speakers need feedback! Please rate my session in ConfEngine.

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Mile High Agile 2019 Mediation as a Tool to Improve Agile Outcomes

  • 1. 1 #milehighagile Presenters: Kevin Raum, Julie Klingel Title: Mediators 30 May 2019 Using Mediation and Dispute Resolution Techniques to Improve Agile Team Outcomes
  • 2. 2 #milehighagile Individuals and interactions over processes and tools Working software over comprehensive documentation Customer collaboration over contract negotiation Responding to change over following a plan Agile Manifesto
  • 3. 3 #milehighagile I love molecules,” explains Marcus. “You apply a certain amount of heat and a certain amount of pressure, and you know exactly what’s going to happen. At the start of my career I did great working with molecules, but now I work with people. People are unpredictable. You apply a certain amount of heat and a certain amount of pressure, and you never know what’sgoing to happen.” Fred Kofman, Conscious Business
  • 4. 4 #milehighagile ● Objectives ○ Promoting conflict resolution skills. ○ Increase understanding of the mediation process. ○ Explore the benefits of mediation. ○ Discuss the mediation model and strategies you may want to use Objectives
  • 6. 6 #milehighagile Conflict Words and Associations Exercise
  • 7. 7 #milehighagile Give an example of a conflict between parties that was unsuccessfully resolved? What kept it from being resolved successfully? What were the consequences of not resolving it? Conflict in Agile Teams?
  • 8. 8 #milehighagile What Causes Conflict? Differences Conflict Interdependence
  • 9. 9 #milehighagile ● Data conflicts: incomplete data or different perceptions of data ● Relationship conflicts: gender, cultural and personality differences; poor communication ● Structural conflicts: unequal power, scarcity of resources, laws and policies; time constraints ● Values Conflicts: deep-seated beliefs ● Interest Conflict: procedural, psychological and substantive needs ● Different conflict styles Causes of Conflict
  • 13. 13 #milehighagile Mediation Model Mediation Process Inputs • 2+ Parties • Agreement to Mediate • Mediator – Neutral • Information • Mediation Rules • Voluntary • Confidentiality • Respectful Listening • Caucusing Outputs • MOU • More Time • Impasse • Compliance Reviews • Define the “Problem” • Questioning – Interests & Needs • Listening & Confirming • Identify Options for Solving • Select/Test “Best” Options • Draft Agreement
  • 15. 15 #milehighagile Non Violent Communication NVC in the Workplace Center for Efficient Collaboration, Kashtan, M. 2015
  • 16. 16 #milehighagile Needs Words Connection • Acceptance • Appreciation • Belonging • Cooperation • Communication • Community • Inclusion • Mutuality • Safety • Stability • Support • To Know • To See/Be Seen • …. Physical Well Being • Air • Food • Movement • Rest • Safety Honesty • Authenticity • Integrity • Presence Play • Joy • Humor • Peace • Equality Meaning • Awareness • Challenge • Clarity • Competence • Contribution • Discovery • Effectiveness • Learning • Participation • Purpose • Self-Expression • To Matter • Understanding • …. 2005 by Center for Non-Violent Communication www.cnvc.org
  • 17. 17 #milehighagile Feelings Words Affectionate • Friendly • Tender • Warm Engaged • Absorbed • Alert • Curious • Engrossed • Interested • Involved Hopeful • Expectant • Optimistic Confident • Open • Proud • Safe • Secure AFRAID • Apprehensive • Dread • Foreboding • Frightened • Mistrustful • Panicked • Scared • Wary Annoyed • Aggravated • Dismayed • Disgruntled • Frustrated • Irritated Angry • Enraged • Furious • Resentful Disquiet • Agitated • Alarmed • Disturbed • Rattled • Shocked • Surprised • Uncomfortable Embarrassed • Ashamed • Flustered • Guilty • Self-Conscious Fatigue • Beat • Burnt Out • Depleted • Tired WHEN NEEDS ARE MET WHEN NEEDS ARE NOT MET Confused • Ambivalent • Baffled • Dazed • Hesitant • Lost • Torn Disconnected • Alienated • Aloof • Bored • Cold • Detached • Distant • Numb • Withdrawn Pain • Agony • Anguished • Hurt • Lonely • Regretful Sad • Depressed • Dejected • Despair • Disappointed • Forlor • Gloomy • Unhappy Tense • Anxious • Cranky • Distressed • Irritable Excited • Amazed • Animated • Aroused • Dazzled • Eager • Enthusiastic • Vibrant Grateful • Appreciative • Moved • Touched • Inspired • Amazed • Awed Joyful • Amused • Delighted • Glad • Pleased Exhilarated • Blissful • Ecstatic • Elated • Exuberant • Radiant • Thrilled Peaceful • Calm • Centered • Clear Headed • Comfortable • Content • Mellow • Relaxed • Still • Trusting Refreshed • Enlivened • Rejuvenated… 2005 by Center for Non-Violent Communication www.cnvc.org
  • 18. 18 #milehighagile ● Andy, a developer comes to you fuming because Joe, a developer, broke the build - yet again. He is convinced that Joe is sloppy and doesn't care about anyone but himself. He says that the rest of the team is ready to "vote him off the island.” ● Joe is frustrated because Andy is a perfectionist. He doesn’t feel that there is time to do all the things that Andy wants to do in the Sprint. He resents that Andy seems to be poisoning the rest of the team against him and he doesn’t feel able to stand up for himself. An Agile Example
  • 19. 19 #milehighagile Open-ended questions Using “I” language Needs based conversation Understanding Another’s Perspective
  • 20. 20 #milehighagile 1. Think about a recent conflict you had, or a conflict you are currently having (something that you feel safe sharing, and something that’s not high on a 1-10 scale). 2. Fill out the worksheet for yourself. 3. Find a partner and share about the conflict and positions, interests and needs. 4. Your partner will share any feedback about any additional interests/needs that they see and feelings they hear. Tying It Together
  • 21. 21 #milehighagile Kilmann, K (n.d.). Dealing with conflict (film). Kilmann interview (2014). https://www.youtube.com/watch?v=cMrl20AkMtI Rosenberg, Marshall (2015) Nonviolent Communication: A Language of Life, 3rd Edition: Life-Changing Tools for Healthy Relationships Thomas, K (2009). Intrinsic motivation at work. Thomas K, and Thomas, G (2007). Introduction to conflict and teams. Ury, W (2010). Ted Talk https://www.ted.com/talks/william_ury Additional Resources
  • 22. 22 #milehighagile Please Contact Us Julie Klingel Julie@JulieKlingel.com (310) 428-5414 Kevin Raum Kraum@Coridium.com (703) 505-3032 Kevin@ElementsofPeace.net (720) 563-1443
  • 23. 23 #milehighagile THANK YOU Speakers need feedback! Please rate my session in ConfEngine.

Editor's Notes

  1. Julie and Kevin - Introduce Ourselves Project Management Business Development Consulting Facilitation Mediation Training Counseling Professional Coaching Team Building Banking Construction Technology Pharmaceuticals Healthcare Government – state, federal, local   If large group - Introduce yourself to the person on your left and right - tell them one fun fact about yourself or highlight from past week. If small group – Name, Company, Position The worst thing you ever did as a teenager? What surprises you about your life right now? If you week were an amusement park ride, what would it be?
  2. Kevin
  3. Julie
  4. Kevin Why are we here today? What do you want from this?
  5. Kevin When you hear the word conflict, what positive and negative associations do you have with it? The way that we handle conflict determines whether the outcome will be negative or positive. In this way, conflict is like fire – it can be useful for cooking or for creating warmth, and at the same time, if it gets out of control it can also be harmful and burn you or cause a lot of damage. When we deal with conflict effectively, it is possible to see the positive aspects of it; we can learn a lot about ourselves and others from it, we can come up with creative ways to deal with problems, and we can even get closer to people through conflict. When we deal with conflict ineffectively, it can escalate quickly and lead to physical and/or emotional violence. (Possible positive outcomes include: we become better friends; we feel respected; everyone's ideas are understood; good solutions are possible.) Despite the pervasive tendency to see conflict as negative, mediators see conflict as an opportunity for growth and development. Even conflicts that are not successfully resolved, allow opportunities for people to move forward with better understanding.
  6. Julie
  7. Julie Conflicts are a fact of life on teams. They are no one’s fault. Concerns of different team members are incompatible. It occurs when two conditions are present (above). Interdependence – team members need to work together to satisfy their concerns. In Agile teams interdependencies we know of are coding side by side, test scripts and doing testing on code, your work is dependent upon someone else completing theirs. What other interdependencies are there? Differences exist when team members have varying responsibilities, values, temperament, sources of information or experience. With more differences, members bring more diverse concerns to team decision making, tendeing to create more conflict that needs to be reconciled. Although differences can create more conflict, they also provide an opportunity for richer understanding of issues. For that reason, orgs often build differences into decision making teams.
  8. Kevin
  9. Julie Very last thing we said on the bulleted list was different conflict styles. Five different conflict styles - important because they are all styles having different levels of cooperativeness and assertiveness. We all usually have one primary style, and may have secondary style. How many of you see on your team – this style, this style.
  10. Julie What’s your style?
  11. Julie Short blurb on team conflict styles
  12. Kevin
  13. Kevin & Julie - Positions, Interests and Needs Worksheets (20 min) Pass out worksheet and define with them Position, Interests and Needs Let’s apply to case we just observed - how would you tease them apart in the “Orange” exercise. They do the worksheet on their own and then we debrief as a group In order to help them with underlying needs (as they are often unseen), pass out handout from Marshall Rosenberg What someone actually means gets lost in assumption and emotion.  Mediation helps parties hear what they mean. Parties get focused on their ideal solution and work from there rather than focusing on their interest. what's your belief, need, fear, desire. What's really driving you? Focus on the why.  What are the realities and emotions that drove you to the position. I have an idea and that's how I'll drive this. Egos get associated with our proposal. People hear what they listen for and see what they look for. We look for the data for what reinforces where we think this should go and ignore information out there that challenges our own biases or perceptions. Confirmation bias Oversimplified example that is taught. You and I are headed to a kitchen. Same kitchen, same counter and fruit bowl. We both have the same idea in mind. You want an orange, I want an orange. We go to reach for the fruit bowl. - there's one orange.  What are we going to do?  Everyone gives one of two outcomes. You get it or I get it or we split in half. Those are the only two outcomes we're going to arrive upon if we only focus on our positions.  If we chatted about our whys -  You want to make mimosas - you need the Guts I want to make a pie - for the pie crust I need the Zest Now what - we both get more of what we came in for.  We're not ingrained in our positions. We talk about what's important.  We start to hear and understand each other.  We can collaborate on more creative durable solutions that we can buy into. Focus on mutual gain. Better outcomes, better relationships.  As you explore motivations behind it, a clearer picture emerges. Way more nuance than either side realizes. Examine their own motivations In a Dispute - Prepare - know your position (know your needs - know the difference between what you need and what you want) and why and anticipate what the other party will come in with Keep an open mind and truly listen Listen to understand rather than respond.  One of the biggest concessions you can make at the table that costs nothing is to listen. 
  14. Kevin Positions, Interests and Needs Worksheets (20 min) Pass out worksheet and define with them Position, Interests and Needs Let’s apply to case we just observed - how would you tease them apart in the “Orange” exercise. They do the worksheet on their own and then we debrief as a group In order to help them with underlying needs (as they are often unseen), pass out handout from Marshall Rosenberg
  15. Kevin & Julie - Positions, Interests and Needs Worksheets (20 min) Pass out worksheet and define with them Position, Interests and Needs Let’s apply to case we just observed - how would you tease them apart in the “Orange” exercise. They do the worksheet on their own and then we debrief as a group In order to help them with underlying needs (as they are often unseen), pass out handout from Marshall Rosenberg
  16. Kevin & Julie – Discussion (5 min) How do you actually get to someone’s interests and needs? You can assume, but in reality, you really don’t know? Even if you think you do, you want to confirm with the other person through dialogue. What are the various options? (In orange exercise - one option was to cut it in half). What are the positions here? What are the interests and Needs of each party? What ideas do you have to resolve this situation?
  17. Pass out Tip Sheet Ask participants – what other tips do you have for challenging conversations?
  18. Questions? What are your takeaways? Anything that you would want more of or less of next time?
  19. Questions? What are your takeaways? Anything that you would want more of or less of next time?