Week 7 Discussion 1

· “Managing Others’ Disputes Through Mediation” Resolving Workplace Conflict Through Mediation – From MindTools.com

· Simpson, M. (2010). Good leaders are good mediators. Retrieved from http://www.mediate.com/articles/simpsonM2.cfm

Assignment:

Respond to at least two of your peers' postings in one or more of the following ways:

· Offer additional strategies your peer might do to maintain a neutral stance and not inadvertently influence the content of this dispute.

· Offer edits that include would you add to, or subtract from, the opening statement your peer provided. Please provide a rationale.

· After reading your peer’s post, explain additional thoughts you have about another statement of agreement from either Brian or Jon that you did not include in your original post.

· Compare your peer’s approach to the mediation with your own. What skills do you share or appear to both desire to develop? Why are they important?

· 3 – 4 paragraphs

· No plagiarism

· APA citing

1st Colleague – Natasha Mills

Natasha Mills 

Informal Mediation

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Mediation is an approach that is used to resolve conflict issues that the involved parties are unable to solve themselves. Such conflicts are referred to as disputes and are characterized by the existence of a communication barrier that hinders normal relations between the conflicting parties (Cahn & Abigail, 2014). In preparation, the first step I would take would be to familiarize with the issue. After that, I would develop subjective neutrality by dropping any personal biases I may have against Brian or Jon. Dropping personal biases translates to the suspension of judgement, which is crucial to effective mediation outcomes (Cahn & Abigail, 2014). The next step would be to research and master effective communication language needed for mediation. I would pay particular attention to this step because it will determine how open Brian and Jon will be during the mediation process, as well as encourage cooperation rather than competition, for more positive outcomes (Cahn & Abigail, 2014).

The Role I Relate to Better

I relate more to Jon’s role, which has the potential to affect the outcomes of the mediation if I do not address the bias. Therefore, to maintain a neutral stance and let them develop their own agreement, I would adopt subjective neutrality, as already mentioned. According to Cahn & Abigail (2014), subjective neutrality enables the mediator to honor the truth and validity of each of the disputants, while withholding judgment of who is right or wrong.

Opening statement

Hello, good morning Brian and Jon, please have a seat. Welcome to your mediation, with me as your mediator. To help you resolve the dispute, I am going to read to you a few ground rules for this mediation process. First, it is important to remind you that as your mediator, I will play a neutral role to help you arrive at an agreement by facilitating communication between you. Therefore, each of you will be given equal amounts of time to table his issues uninterrupted by the other. Also, you will face each other while talking rather than looking at me. Lastly, I want to assure you that whatever we will discuss here will be confidential and remain within the walls of this room. Does anyone have concerns about the stated rules? If none, let us begin. Brian, let us start with you. What would you like to tell us?

Definition of Terms and Statements

Fractionation refers to the breaking down of larger issues into smaller, simple issues for successful dispute resolution (Cahn & Abigail, 2014).  

Statement: you two have different approaches to completing tasks. This is causing you to have different preferences for your workspaces. As a result, you are experiencing difficulties working in the same space, which is preventing each of you from working to full capacity.

Framing is the asking of friendly or neutral questions that summarize issues without passing judgment (Cahn & Abigail, 2014).

Statement: Jon, how does Brian’s acts of leaving the door open, shifting tasks, and frequently talking on his phone prevent you from working to full capacity?

Reframing is the restatement of accusatory, biased, and negatively loaded statements of the disputants using more neutral terminology to help them develop positive views of the issue (Cahn & Abigail, 2014).

Statement: Brian is always so annoying. He takes calls very loudly and wants to speak to everyone who is passing by the office.

Reframe: Are you saying that you find it difficult to concentrate on your tasks in a distracting environment?

Common ground presents the behaviors, expectations, values, attitudes, and goals shared by the parties, and form the foundation of an agreement (Cahn & Abigail, 2014).

Statement: after listening to each of your concerns, my understanding is that you each need a conducive workspace where you can work productively. Is that right?

Statements in the Final Agreement

Brian: I have agreed to create a conducive workspace for my colleague, and by extension the both of us, to enable us work to full capacity by being considerate when talking on phone, not speaking to people going by, and maintaining a neat workspace by not leaving items on the floor.

Jon: I have agreed and committed to creating a conducive workspace for my colleague by being more considerate by avoiding to talk to self while working and not posting large sticky notes on the wall, for as long as he holds his end of the agreement.

Skills to Develop

The two skills that I would like to develop to become a better mediator would be communication skills and fractionation skills. Effective communication helps in mediation situations by creating and enforcing mediation rules that lead to positive outcomes (Cahn & Abigail, 2014). Fractionation, on the other hand, helps in simplifying complex issues of the dispute, leading the disputants to develop different views of the issue, thereby encouraging an agreement. As an individual in a leadership position, disputes are presented before me frequently. Therefore, I have plenty of opportunities to develop the mentioned skills.

Cahn, D. D., & Abigail, R. A. (2014). Managing conflict through communication (5th ed.). Upper Saddle River, NJ: Pearson Education.

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2nd Colleague – Donna Tizzano

Donna Tizzano 

RE: Discussion – Week 7 Tizzano Initial Reply

Hello Class, Hell

When a complete breakdown in communication between opposing parties occurs, and there is no hope for a resolution, a conflict elevates to a dispute (Cahn & Abigail, 2014). Mediation is one alternative to help resolve a dispute.

The work habits of Jon and Brian and the need to share office space have created frustration and resentment between the two co-workers preventing them from working to their full capacity. Because attempts at resolving their conflict have failed, they have requested a mediator to assist them in resolving their dispute. My role as mediator is to create a constructive and non-threatening environment to encourage parties to begin communicating again. I must refrain from taking sides, remain unbiased and attempt to create a cooperative atmosphere so Brian and Jon can come to a mutually satisfying solution (Cahn & Abigail, 2014).

To prepare for this mediation, I would review the complaint that brought me to the mediation. I would then reflect and prepare an opening statement that would include my role and what the parties could expect of me. I would then explain the ground rules that each party would be responsible for adhering to during the meeting and then what the goal of the mediation would be.

This weekend, I was called by the Nursing Supervisor to come into the hospital to mediate a dispute between two of my employees in the Emergency Department. I used several steps in the mediation process to assist me during this meeting. The steps that I find especially important are to bring both parties together and calmly explain how we will proceed, and the behaviors/rules that will be acceptable by the parties during the meeting. Another necessary step is to ensure each party will get an uninterrupted opportunity to share their perception of the problem and that I will listen with an unbiased and open mind to what they are saying. I also believe it is important to share that the goal of the meeting is to achieve a resolution that is agreeable to both parties. It is essential the participants know they will have an opportunity to share their side of the story and understand that you will not take sides but help them reach an agreeable solution. By assuring caregivers they will be able to share their perspective, it discourages competitive communication which creates defensive behaviors, and supports a cooperative atmosphere where you work on identifying common interests (Cahn & Abigail, 2014).

In the situation that is presented, I identify more with Jon. I like a quiet work environment where I can concentrate and focus on getting my work done without interruptions. I use sticky notes to organize and prioritize what I must do, and I like a clean, uncluttered environment to do my work.

To maintain an unbiased role in this mediation, I need to focus on supporting a cooperative atmosphere and conversation by ensuring the rules of mediation are adhered to, giving equal time to both parties to tell their stories, and remaining impartial when I communicate with them, the participants. If the parties come to an impasse and I need to caucus (have a private conversation with a disputant) I will meet with both parties separately to ensure that I have provided equal time to both parties and try to assist them in working through their standoff (Cahn & Abigail, 2014).

Opening Statement:

Good morning, Jon and Brian. My name is Donna Tizzano, and I am here today as a mediator to assist both of you in resolving your conflict in a way that will be mutually agreeable to both of you.

Before we begin, I would like to explain how mediation works and some ground rules that will be applied during the discussion. Both of you will have an opportunity to share your perception of the dispute. Once you both have shared your side of the story, we will identify the main issues of disagreement and commonalities that you have identified so that we can discuss potential solutions to your conflict and come to a mutually agreeable resolution. I will ask you not to interrupt one another during your account of the events. I encourage you to write your questions down. I will be taking notes during each presentation to help me remember things. Please know that I am an impartial participant in this meeting. What is discussed here is confidential. My role is to assist and support you in reaching a mutually acceptable decision you both can live with moving forward.

Definition of Terms and Examples

During mediation, there are several techniques a mediator can use to change the orientation from a competitive atmosphere to a cooperative atmosphere. The first technique is for the mediator to explore the values, beliefs, attitudes, and expectations of each participant to identify commonalities or common ground that can provide the foundation for an agreement (Cahn & Abigail, 2014). An example of common ground: Jon, Brian, after hearing your challenges and concerns and hearing about your accomplishments in the organization, it is clear that both of you are conscientious workers, good employees, and strive to be productive in your roles. The current work environment is not conducive to an environment that allows you to be productive, and we need to resolve this in a mutually agreeable way.

Framing, or summarizing is a technique used by mediators to ask a neutral question that summarizes an issue without casting blame or passing judgment (Cahn & Abigail, 2014, p. 258). Example: Brian, you shared that you like working with the office door open. Can you tell us what you like about having the office door open?

Reframing is a technique used by mediators that restates a question or comment made by a participant that is biased or accusatory by using more neutral terminology or in a way that makes the participant look at the issue from a different perspective (Cahn & Abigail, 2014). An example of reframing; Brian: “It drives me nuts when Jon talks to himself! Reframing: When Brian talks to himself you find it hard to concentrate and focus on your work?

Fractionation is a valuable tool for the mediator to use to breakdown complex issues into smaller, manageable issues that can be resolved one at a time. This technique allows the mediator to begin building on each small success until larger more significant issues are resolved (Cahn & Abigail, 2014, p. 258). Example: Each of you has specific work habits that the other person finds challenging, making it difficult for you to complete your work. Let’s look at each of the habits one at a time to determine why it is important to the person and the challenge that it brings for the other person. Let’s start with Brian using the floor to organize his work area…

Statements contained in the Final Agreement:

Brian agrees to keep his work off the floor by using flip charts to organize his work.

Jon agrees to keep his sticky notes contained to the cupboards and file cabinets on his side of the office.

Both Jon and Brian agree to keep the office door closed until noon each day and let it remain open for the remainder of the day.

I am responsible for 13 different departments in the hospital where I work and have four managers reporting to me. I am often called on to mediate interpersonal issues among caregivers informally. I also sit on the Administrative Negotiation Team for the hospital and have had several opportunities to participate in formal mediation. I also mediate conflicts at home between my children.

Two skills I would like to develop to be a better mediator are being present in the moment and getting better at actively listening to both sides of the story. By nature, I want to fix everything, and I often find my mind drifting during a mediation session to try and figure out how to fix the situation. I also would like to develop my skills in the technique of reframing. If I can develop my skills in active listening and reframing negative or accusatory statements, I can reframe things in a way that will help the participants see things from a different perspective and hopefully help form a cooperative atmosphere during the mediation.

Donna

Reference:

Cahn, D. D., & Abigail, R. A. (2014). Managing conflict through communication (5th ed.). Upper Saddle River, NJ: Pearson Education.

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