3 Jun 2022

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Conflict Management Mediation

Format: APA

Academic level: High School

Paper type: Case Study

Words: 3266

Pages: 11

Downloads: 0

Task 1: Role of the Mediator 

Mediation can be a complex process. This is why training is needed. The training should include such issues as a definition of mediation and the key skills that a mediator needs to possess. Mediation is defined as the process through which a neutral third party intervenes in a conflict with the aim of restoring friendly relations among the conflicting parties (Doherty & Guyler, 2008). The mediation process follows a number of critical steps. The mediator needs to begin by ensuring that the warring parties have been separated. Next, the mediator should offer their evaluation of the conflict (Ury, 2012). The third step involves introducing important issues that are key to negotiations. The mediator then proceeds to explore the issues raised. The purpose of this exploration is to identify options that can be used to address the issues. The last step sees the mediator bringing the conflicting parties together in agreement (Doherty, 2007). It is also at this step that the mediator achieves closure among the parties. Mediators perform a number of critical roles. These include facilitating discussions among conflicting parties and walking with the parties in their search for a solution to the problem they face (Doherty & Guyler, 2008). To be an effective mediator, an individual should embody certain personal attributes and possess some skills. The attributes include neutrality, objectivity and optimism. The key skills and competencies that the mediator needs to possess include the ability to build trust, facilitating constructive discussions and de-escalating tensions.

Task 2: Orchestrating Mediation 

Mediation possesses the power to replace hostility with friendship and unity (Sauber, 2013). However, for this to occur, the mediator needs to exploit structures and procedures that have been found to be effective in resolving conflicts. The case of Bob Watley and Betsy Jackson offers an opportunity for the application of mediation. In this case, efforts to reach an agreement have been unsuccessful. The two parties are hostile towards one another with each holding on to their position. The situation involves the payment of rent; an issue that must be resolved. The parties cannot just walk away. They need to reach a solution that satisfies both their needs and interests. In the following discussion, the mediation process that will be used is outlined.

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In their discussion on mediation, Nora Doherty and Marcelas Guyler point out that the structure that the mediator adopts determines whether the mediation process will yield success (Doherty & Guyler, 2008). This point underscores the need to apply a mediation process whose structure is in line with established mediation procedures. Typically, the mediation process begins with introductions and the establishment of ground rules (Doherty, 2007). At this stage, the conflicting parties are introduced to one another and to the mediator. In the case at hand, Watley and Jackson need to be reintroduced. The purpose of this reintroduction is to establish rapport and to create an environment that allows for fruitful discussions. No negotiations can be successful if the atmosphere does not facilitate the discussion. It is also important to lay down ground rules that all parties must adhere to (Doherty, 2007). One of the rules that Watley and Jackson will need to follow concerns respect. It will be made clear that they must treat and address one another respectfully. It has been shown that once a respectful relationship between the conflicting parties has been achieved, the mediation process has a higher chance of being successful. Another rule that the parties will need to follow involves total commitment. They will be required to commit fully to the mediation process. No one should abandon the process or explore other avenues before the mediation process has been exhausted. Commitment plays a critical role as it ensures that all parties dedicate their energies to the mediation process (Doherty & Guyler, 2008).

The second stage of the mediation process that will be used involves each party share their account of issues (Doherty, 2007). Here, Jackson and Watley will each share their grievances. It is expected that Watley will lament that Jackson has failed to repair the leaking roof and is responsible for the damaged rug. On the other hand, Jackson will reiterate that she has initiated a process that will eventually lead to the fixing of the roof. For the mediation process to be successful, each party must feel that their concerns are being considered. When a party feels left out and that their concerns are being dismissed, they are likely to withdraw from the mediation process (Diehl & Greig, 2013). It is therefore critical to allow Jackson and Watley adequate time and space to express their grievances and concerns.

The second stage described above sets the stage for the identification of issues. At this step, the conflicting parties work with the mediator to identify the contentious issues (Doherty, 2007). This stage is important as it allows all the parties to agree on the source of conflict. Moreover, as they identify the important issues, the parties are able to focus their attention on these issues. The non-payment of rent, the damaged rug and Jackson’s plans are likely to come up as the most important issues. The resolution of these issues will allow Jackson and Watley to reach an agreement. The fourth stage of the mediation process involves achieving mutual understanding and each party conveying their feelings (Doherty, 2007). Mutual understanding is attained through open and respectful communication. Jackson and Watley will be encouraged to open up about their fears and concerns. Here, it is expected that Watley will complain that as a result of Jackson’s failure to repair the roof, a rug that had been in his family for generations was ruined. On her part, Jackson may apologize for her failure to act in good time. The apology may be insufficient. Therefore, Jackson may need to issue an assurance that she will have the roof fixed as soon as practicable. This step is the most critical. This is because it is at this step that the conflicting parties expose their vulnerabilities and truly open up. Therefore, this step should be executed with great caution and consideration.

With the parties having communicated their feelings and concerns, the stage is now set for the development of solutions. At the fifth stage, the conflicting parties collaborate to find solutions (Doherty, 2007). They should strive to develop solutions which create a win-win scenario. However, the parties need to understand that it may be impossible to create solutions which deliver benefits to all the parties. Given the issues in contention, it should be fairly easy for Jackson and Watley to find a win-win solution. For example, Watley could commit to pay the rent that is due. In response, Jackson would need to promise to fast-track the repair of the roof. Moreover, she could offer to fix the damaged rug. Both parties will need to make concessions and abandon their hardline positions if any meaningful progress is to be made. The sixth and last stage of the mediation process involves signing an agreement (Doherty, 2007). While the agreement is not necessary, it is important to ensure that the parties honor the promises that they make. Jackson will need to commit to repair the roof and the rug while Watley pays the rent that he owes. Overall, this mediation process is likely to be effective since it exploits strategies that have been shown to work.

Task 3: Unit 3 Reflection 

Unit 3 tackles a number of critical issues. The importance of open communication is what I found to be the most important subject. This unit challenges learners to understand that no mediation can proceed successfully before channels for open and honest communication are established. It is critical for conflicting parties to open up and share their grievances. However, the unit cautioned against the raw and unhindered expression of emotions. While it is important for parties to express themselves openly and freely, they also need to consider the needs of others (Fisher & Ury, 2011). For instance, a party to a conflict may wish to point out the blunders of the other party. The other party may find this to be insulting. This could cause the mediation process to collapse. Unit 3 is clearly important as it sheds light on the need for caution and consideration when communicating.

The importance of Unit 3 extends beyond covering theoretical concepts. I have observed that most of the concepts covered in this unit are relevant to my personal experiences. For instance, recently, I was involved in an altercation with a close friend. I applied to lessons learned in Unit 3 to resolve this conflict peacefully. I particularly established channels for open communication. Through these channels, I was able to air my grievances and listen to the concerns of my friend. Ultimately, we managed to resolve the conflict and restore our friendship. There are numerous other examples of situations where I have applied the insights gained from Unit 3.

Task 4: Team Mediation 

Teams bring together individuals from different backgrounds. While the diversity is important for team dynamics, it could set the stage for conflict (Rundle & Flanagan, 2012). For example, team members may hold conflicting beliefs, values and perspectives. Left unaddressed, conflicts could hamper the effectiveness of a team. Mediation is one of the most effective tools for resolving conflicts in team settings. In the discussion that follows, the application of mediation to a team situation which I took part in is outlined.

Doherty and Guyler offer an interesting discussion on the role of team mediation. They state that “team mediation is a structured process whereby an impartial mediator facilitates communication between a number of people in order to clarify the issues between them and to encourage them to come up with mutually beneficial solutions” (p. 73). The situation in which I took part involved a group project. We were tasked to conduct research and to come up with recommendations for a challenge that an organization was facing. The group project was fraught with a wide range of issues that led to conflict and tensions. For example, there are some group members who refused to contribute to the project. There are others who felt that their ideas were being dismissed. Some other members lamented that the leader was dominating the discussions. Given the numerous challenges that this group faced, it is evident that team mediation was needed to facilitate the project.

To understand why team mediation would have been helpful in the situation described above, it is important to explore its benefits. One of these benefits concerns consensus building (Doherty & Guyler, 2008). Team mediation helps to narrow down gaps and promote unity. It allows the members of a team to resolve differences and come to a common understanding. Our group struggled to work together as different members were pulling in different directions. Through team mediation, we would have been able to consolidate our efforts and channel our energies towards the shared goal of completing the project.

Conflicts that involve differences in opinion are easier to resolve. This is because it is possible to use objective approaches to resolve the differences. On the other hand, personal conflicts that involve emotions are more complex and difficult to handle (Burrell et al., 2014). The mediator needs to trade carefully. Most of the differences in our group involved divergent opinions. However, some of these differences were personal. For example, as noted above, some members felt that their input and views were not being considered. This is a personal issue that requires careful handling. Team mediation would have enabled the group to navigate the personal and emotional issues successfully. One of the elements of effective team mediation is careful navigation of sensitive issues (Doherty & Guyler, 2008). The mediator needs to avoid inflaming passions. The focus of the mediation should be to construct bridges and promote the pursuit of shared objectives. Therefore, team mediation would have had tremendous impact on our group.

Among the many objectives that team mediation aims to achieve is to foster warm and friendly relationships among members of a team (Doherty & Guyler, 2008). Strong relationships are needed if the team members are to collaborate on another project in the future. As one mediates, they should dedicate effort to promoting such values as respect and trust in the team. These values are important because they enhance the performance of the team. My group desperately needed a force that would push the members to join forces instead of working against each other. Through team mediation, I believe that we would have successfully tackled ill-will and promoted cohesion.

As is the case with other forms of mediation, team mediation involves a neutral third party intervening to resolve a conflict. One of the fundamental roles of the mediator is to offer a voice to all parties (Doherty & Guyler, 2008). The mediator needs to ensure that the concerns of all parties are heard and addressed. This is among the reasons why team mediation would be appropriate for the group situation described earlier. As pointed out, some members of the group complained that their ideas were not being heard. Through team mediation, these individuals would gain a louder voice. Furthermore, team mediation would have ensured that no single individual dominates the group. Therefore, all members would feel respected and valued. As a result, the group would achieve its objectives rather easily.

Another reason why team mediation would have helped my group to resolve conflicts lies in the fact that other conflict resolution techniques are deeply flawed. For example, avoidance behavior is among the common techniques for resolving conflicts (Lussier, 2011). Essentially, this technique involves failing to take action in the hope that the issue will resolve itself with time. The main drawback of this technique is that it does not properly apply to situations that require urgent solutions. Accommodating is yet another conflict resolution method that would not have applied properly to the situation that my group faced. Basically, this technique involves putting up with unacceptable and annoying behaviors (Lussier, 2011). For example, the members who felt that their ideas were being dismissed could have decided to put up with the disrespect that they were being shown. My group was expected to submit the project within a particular time frame. This deadline created urgency and underscored the need for the application of an effective conflict resolution mechanism. Team mediation is clearly the best approach for the group. Overall, this technique would have challenged the members of the group to refocus their energies and attention of the task at hand.

Task 5: Mediation and the Workplace 

Today, mediation is playing a prominent role in the workplace. Instead of opting for such measures as litigation, employers are encouraging their employees to engage in constructive dialogue. The introduction of mediation in any workplace must have some significant impact. If mediation were to be introduced in my workplace, I would expect to see numerous important changes. One, mediation quells tensions and acrimony (Farrow, n.d). It creates an atmosphere of friendship and warmth. Thanks to mediation, employees are able to collaborate with one another to move their organizations forward. I have witnessed numerous instances where employees sabotage the operations of their organizations out of resentment and spite. There are some who steal from their employers and others who refuse to perform their duties. Through mediation, instances like these can be eliminated. Organizations are able to persuade their employees to work tirelessly to achieve success. Two, mediation enhances team-work (Farrow, n.d). In a previous discussion, it was pointed out that diversity in teams could create tensions and conflict. Using mediation, organizations can convince their employees to abandon their differences and pull in the same direction. For instance, at my workplace, young and old employees are unable to work together. They feel that their values and views are incompatible. Thanks to mediation, the organization will be able to create a unified workforce where all employees work together regardless of age.

The third change that I would expect to see following the introduction of mediation concerns organizational performance. As it promotes team work and collaboration, mediation enables organizations to attain their objectives and strategies (Farrow, n.d). Additionally, through mediation, differences that could hamper organizational performance can be addressed. At my workplace, the goal of attracting new customers has proven very elusive. The failure to attain this goal has been blamed on the lack of collaboration among the employees. Through mediation, the organization can challenge the employees to work together so as to achieve the objectives. Overall, mediation will enable the organization to achieve sustainable growth.

Significant reduction in operational costs is yet another change that an organization can expect to experience as a result of mediation (Farrow, n.d). Organizations incur huge costs when they pursue such conflict resolution mechanisms as litigation. For example, an organization may be ordered to compensate an employee who has sued for sexual harassment. Mediation is a more cost-effective measure. It spares organizations the huge amounts that they would otherwise incur if they choose other conflict resolution techniques. The organization where I work operates in a fiercely competitive environment. It also incurs huge costs in financing its operations. Mediation will help to ease the financial pressure that the organization suffers. It will be able to spend its resources on such important pursuits as delivering services to its customers.

It is true that there are a number of conflict resolution techniques. This fact raises the question of why an organization should adopt mediation. The many benefits that mediation offers are sufficient justification for its adoption. One of the vital benefits of mediation is that it facilitates the creation of lasting solutions. Mediation encourages parties to seek mutually beneficial solutions (Farrow, n.d). For example, my organization has had numerous conflicts with employees over remuneration. Through mediation, the organization can improve pay. On their part, the employees can commit to become more productive and dedicated. Since these benefits are mutual, the employers and the employees are able to work together to sustain friendly and productive relationships. Upon the adoption of mediation, the organization is poised for lasting and mutually-beneficial solutions. Since it presents many benefits, the organization should move with speed and embrace mediation.

Among the numerous roles of the mediator is to facilitate open communication. The mediator is expected to convince the parties to abandon their hardline positions and pursue a common solution. Furthermore, a mediator needs to ensure that the parties do not dismiss the viewpoint of the other. Essentially, mediation in the workplace enhances communication (Farrow, n.d). When it embraces mediation, an organization should expect to witness a marked improvement in communication. Instead of speaking with bitterness and resentment, the employees and employers can engage in respectful and trust-based communication. I have observed with great concern that the employees at my current workplace tend to curse and shout at one another. This is especially common when the employees are about to undergo the annual performance review. The organization could clearly benefit from mediation. Mediation will allow the employees to adopt better strategies for conveying their feelings and concerns. For example, instead of shouting and cursing, the employees could communicate calmly and respectfully.

From the discussion this far, it is evident that mediation can completely transform an organization. However, the power of mediation is limited. There are particular circumstances where this conflict resolution technique does not properly apply. However, even in these situations, mediation can still play a critical role. For instance, suppose that an organization is forced to let go of an employee who has committed such an atrocious act as sexual harassment. By applying mediation, the organization can terminate the employee while maintaining a friendly relationship. Thanks to mediation, an organization is essentially able to protect its image and safeguard key relationships (Farrow, n.d). At my workplace, the organization has had a difficult time with employees who simply refuse to abide by the established guidelines and rules. For instance, there is an employee who always fails to submit assignments in time. I understand that the organization is mulling over whether to fire him. In the event that the organization is forced to fire him, it could use mediation to ensure an amicable resolution.

Task 6: Reflection 

The issues explored in Unit 5 are critical and relevant to situations that occur in the modern workplace. Perhaps the most important issue that this unit explores is the application of mediation to situations involving sexual harassment. Today, allegations of sexual harassment are redefining the workplace. Courageous survivors of sexual harassment are speaking out and demanding justice. For example, dozens of actresses have joined forces to create a movement that is calling for an end to sexual harassment in Hollywood (Perkins, 2017). Through this movement, women have gained power and a louder voice. However, this movement and other campaigns to address sexual harassment are threatening the stability of workplaces. Mediation is a far more effective tool for tackling sexual harassment. Before appealing to third parties for intervention, employers and employees need to exhaust internal conflict resolution mechanisms. They need to invite a neutral third party to hear the victims and the alleged perpetrators of sexual harassment. As pointed out earlier, mediation safeguards the image of a company. Any company whose employees are accused of sexual harassment will have its image tarnished. However, through effective and careful mediation, the companies can ensure that the image does not suffer irreparable damage. Unit 5 also has relevance to my personal experiences. I am a strong supporter of women rights. I feel that organizations need to do more to address sexual harassment. At my workplace, I have worked with the human resource department to mediate between victims and perpetrators of sexual violence. My involvement in mediation has enabled me to understand the impact that mediation has on workplace dynamics.

References

Burrell, N. A., Allen, M., Gayle, B. M., Preiss, R. W. (2014). Managing Interpersonal Conflict: Advances through Meta-Analysis. London: Routledge.

Diehl, P. F., & Greig, J. M. (2013). International Mediation. Hoboken, NJ: Wiley.

Doherty, N. (2007). Workplace Mediation. Retrieved April 4, 2018 from https://www.youtube.com/watch?v=yp9xtAUSmoo 

Doherty, N., & Guyler, M. (2008). The Essential Guide to Workplace Mediation and Conflict Resolution: Rebuilding Working Relationships. London: Kogan Page Publishers.

Farrow, L. (n.d). Mediation of Workplace Tiffs is the Way of the Future. Retrieved April 4, 2018 From http://www.mediates.com/drs-tiffs.html 

Fisher, R., Ury, W., & Patton, B. (Ed.). (2011). Getting to yes: Negotiating agreement without Giving in (Rev. ed.) New York, NY: Penguin Books.

Lussier, R. (2011). Management Fundamentals: Concepts, Applications, Skill Development. Boston: Cengage Learning.

Perkins, L. (2017). #MeToo: Essays about how and why this happened, What it means and how To make sure it never happens again. New York City: Riverdale Avenue Books.

Rundle, C. E., & Flanagan, T. A. (2012). Building Conflict Competent Teams. Hoboken, NJ: Wiley.

Sauber, L. M. S. R. (2013). The Handbook of Divorce Mediation. New York: Springer.

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