BEING A MEDIATOR / 449Understanding the process
The mediation process is a step-by-step, structured process. However, unlike the
rigid legal process used for mediation, the process used by managers is flexible. It
involves five main steps:- Initial contact Start by meeting with each party to identify the issues and provide
general information about the mediation process and principles.
-^ Assessment and preparation Next, you need to introduce your role as the
mediator and talk to each disputing party to obtain information about the nature
of the dispute. You should also make an assessment of your ability to mediate
this dispute, by deciding whether the disputing parties are ready for mediation.
You also need to get the parties to commit to engaging in constructive mediation,
by asking them to sign a contract. Finally, make a list of the issues in dispute for
later discussion.
-^ Joint opening session Once you are fully prepared, you then need to establish a
psychologically safe environment in which the mediation can take place. Clarify
the rules of engagement, such as mutual respect, taking notes and meeting
privately with each disputing party. Educate the parties on the differences
between each of their positions and interests and begin to work on the issues.
-^ Joint sessions Facilitate a productive joint problem-solving situation by
continuing to move the disputing parties from positions to interests. Prioritize
and narrow down the issues, identify areas of agreement and areas of
disagreement, and encourage the disputing parties to make realistic proposals.
This may take one or a number of sessions.
-^ Agreement Write down aspects of the agreement as the disputing parties begin
to agree on more issues. Ensure that the final agreement is very precise, is
owned by the disputants, and is forward-looking.
>>^ Ensuring that the disputing parties
reach an integrative agreement
that is satisfactory to all
>> Trying to resolve the conflict as
quickly and efficiently as possible
>>^ Ensuring that the mediation
process is fair to both parties>>^ Allowing disputing parties to
express their feelings>>^ Failing to take the time to fully listen
to and understand the interests of
the disputing parties
>> Allowing the conflict to disrupt the
organization’s day-to-day business
>>^ Introducing your own biases
>>^ Disregarding the emotions of the
disputing partiesMEDIATING AS A MANAGER
Do’s Don’tsUS_448-449_Being_mediator_2.indd 449 30/05/16 3:07 pm