Conflict Resolution Services

 

Brian A Martin

Contents:

               1. How Mediation Works

              2. Different Approaches To Resolving Conflict

              3. Conflict & The Difference Between Positions and Interests

              4. Shuttle Mediation

              5. Round Table Mediation

 

1. How Mediation works

Mediation is the intervention of a neutral, independent, impartial, third party into a dispute or conflict situation. The mediator's role is to encourage the parties to reach their own solution. Mediation is about finding win/ win solutions where all parties are satisfied with the outcome.

 

Mediation seeks to:

• Change disputing behaviour

• Resolve conflict

• Generate realistic workable solutions

• Maintain parity between the parties

• Treat people fairly

 

Mediation is:

• A  voluntary process

• Constructive

• Future focussed

• Informal - in that the agreements reached are voluntary and not enforceable in law

• Non-judgmental [No allocation of blame by the mediator].

• Confidential

• Flexible - able to deal with a range of issues

• Staged - taking a step by step approach usually starting with Shuttle Mediation where the parties do not have contact    and the mediator 'shuttles' between the parties searching for solutions and building empathy.

• The shuttle phase is usually, but not always, followed by Round Table Mediation where the parties meet to discuss    possible solutions and decide how the future will be different.

 

2. Different Approaches To Resolving Conflict

 

Dispute resolution methods

Negotiation The parties seek agreement directly between themselves. They may pursue win/win or win/lose. No-one else is involved. The parties themselves make the decision. Principled Negotiation seeks a win/ win solution where both parties feel that they have achieved a successful outcome. Such a result cannot be achieved while the parties cling to their opening positions. Mediation has the same aims as Principled Negotiation.

Arbitration  A third party hears the evidence and make a decision, usually binding, which is thought to be fair to both parties.

Litigation  A judge, magistrate, or tribunal hears the evidence. Each party seeks to discredit opposing evidence. Other than giving evidence the parties have no influence on the decision.

Mediation  A win/win agreement is sought through the help of an impartial third party using a proven structure. The mediator helps people communicate and work towards agreement. The parties themselves make the decision. Mediation is usually superior to compromise - in compromise one or both parties give up something they value in order to get something they value more - nevertheless they may feel cheated. This can lead to future problems.

 

3. Conflict

When we are in conflict we take POSITIONS which are irreconcilable. Unless there is some change in POSITION by one or both parties no agreement will be possible. Maybe the party with the strongest hand will win [Win/ Lose outcome]. If the relative power positions are near enough equal stalemate may result [Lose/ Lose outcome].

 

The Difference Between Positions and  Interests

Position  = A fixed stance offered as the only solution by a party to conflict

Interests  A person's needs, fears, desires, and basic concerns which they are trying to satisfy by their fixed position. There are usually many ways of satisfying someone's interests not just the one position offered initially as the only solution

Mediation  pursues a win win approach by trying to identify the INTERESTS behind the POSITIONS. With persistence and skill it is usually possible to identify some common ground at the INTERESTS level which will be a basis for amicable agreement.

4. Shuttle Mediation Process

1. Initial  meetings with both parties separately.

2. At the initial meeting understanding of the mediation process is checked/explained.

3. Party A gives their account of the situation and says what they want to achieve from  the mediation process

4. Mediator establishes empathetic understanding of Party A position, clarifies the issues, and helps re-frame any destructive language.

5. Process is repeated with Party B

6. Mediator then shuttles between the parties aiming to build mutual understanding and  close the gap between opening positions.

7. Process may be repeated over several sessions

8. At some stage there will be either a written agreement, agreement to go to Round Table Mediation, or breakdown of the process.

 

5. Round Table Mediation - Should ideally be preceded by Shuttle work

      1. Neutral Venue

      2. Parties have separate waiting areas

      3. Parties join mediator who explains/ checks understanding of the process

      4. Code Of Behaviour agreed [see below]

      5. Uninterrupted speaking time allowed to each party in turn

      6. Mediator summarises what each party has said

      7. Direct exchange between parties takes place

      8. Mediator allows emotions to run but manages escalation

      9. Mediator captures interests, lists issues, and explores solutions

      10. Parties discuss possible solutions and agree way forward

      11. Voluntary Agreement captured and signed

      12. Review and monitoring arrangements are included in the agreement

 

Code of Behaviour for Round Table Mediation

     • No attempt by the Mediator to attribute blame

     • Parties to respect the role of the Mediator in managing their interactions

     • Equal 'Uninterrupted Speaking Time' for opening statements

     • No interrupting or 'talking over' during subsequent exchanges

     • Moderate language; no abuse

     • Mediator will help parties to stick to the facts and to avoid opinions

     • Parties remain seated during the meeting

     • 'Time Out' at the request of either party or Mediator

     • Focus on solutions after initial exchanges complete

Mediation