As offered by Sarah Truman

Conflict Resolution

Remain ObjectiveMonitor your own values, biases, and cultural

identityHonor process as well as disputeRemain fluid and responsive

Mediators (Payroll, HRTP, HRSS, etc)

Be creative when coming up with alternative resolutions to disputes

See outside the boxRecognize what each party really wants

Ex: both parties want an orange – after discussions with the supervisor, a solution acceptable to both parties: party A really wanted the peeling and party B really wanted the fruit

Be able to recognize needs

Flexibility

People want to be heard and understoodCreate a safe environment for all partiesAllow for the best opportunity to understand

each otherBe empathic, encouraging this between

partiesBalance powerIdentify areas of interest, concern, and

benefit

Understanding

Facilitate letting go of the pastFocus on the present and the futureFix the problem, do not place blameRemind parties of the alternatives if the

problems cannot be rectified thru mediationProvide a reality test

Futurize

Ensure each party understands what the other is saying

Repeat back what you understand the issue to be

Understand the situationUnderstand cost of choosing a solution vs

continuing the dispute

Clarify

Behavior of listening and speakingPractice reflective listening and reflective

speakingSeek to understand the idea, offer the idea

back to speakerCreate a safe environmentSummarize the messageClarify information w/o judgment by asking

open-ended, non-leading questionsWithhold judgment in voiceReframe issue

Communication Skills

Set aside your own sense of right and wrongSet aside your own moralsSet aside your own value systemHear what their idea of the conflict is, not

your idea

Neutral Environment

Increase awarenessIncrease sense of toleranceIncrease understanding between partiesBody language and nonverbal cuesPeople fear the unknown

Explain the framework from which you workOnly goal is to resolve conflict

Promote acknowledgement

Unique filters and lenses from which we view the world

Created thru life experiences, own values, assumptions, and perceptions

Clear these lenses and filters to achieve resolution

These differences impede dialogueAssumptions lead to stereotyping

(unconsciously)

We all speak different languages

Assumptions - based on gender, ethnicity, age, physical build, culture, appearance, profession, associations

If someone senses they are being stereotyped hinders active participation

Impedes resolutionNever lose your impartialityDo not exert influence for one party over

another

Different languages (cont)

Mediation processEvaluative mediationFacilitative mediationPros and cons of each

Preparation for Dispute Resolution

Explain your role as a mediatorExplain the responsibilities of each partyThe person with the complaint usually goes

firstRespondent then states their caseAs a mediator, remember to remain neutral

What is the process?

Mediator helps to evaluate options and alternatives

Mediator – education and objectivity to make a more informed and practical solution

Make assessments, predictions or proposals for agreements

Review all relevant materials to issueLearn the circumstances and underlying

interests

Evaluative Mediation

Use this to direct toward an outcome that correlates with interests at hand

Assess the strengths and weaknesses of each side

Predict outcome if the issue cannot be settledPropose position-based compromise

agreementsUrge the party to settle or accept a proposal

Evaluative Mediation(cont)

Promotes positioning – may defeat the purpose of what mediation is supposed to be

Lose neutralityDetracts from the focus of parties’ ownership

of the processMay also stop negotiations

Negatives of Evaluative Mediation

Educates the parties about the strengths and weaknesses of their claims

Educates the parties about the consequences of failing to come to an agreement

Do not use your own assessments, predictions or proposals

Apply no pressure

Facilitative Mediation

Decision-making rests with the partiesAsk questions of both sidesAssist those involved with developing their

own proposalsProvides empowerment, ownershipEncourages empathizing with the other sideAsk about the consequences, do not provide

suggestions

Facilitative Mediation(cont)

May not be practical for enforcementTime consumingMultiple sessions – “need time to think”

Negatives of Facilitative Mediation

Mary Smith is a PT who has been working PRN for the last five years, and has not had a FT position in two years. Infinity has landed a contract for a new facility, and the current DOR will be moving on. Recruiting has requested a meeting with Mary to discuss the possibility of hiring her for the DOR role. Neither knows much about the other’s interests or alternatives.

Role play

There is a wide-range of possible outcomes. What should Mary do? How can she negotiate the best terms for employment? What should the Recruiting agent do? How can she negotiate the best terms for the company?

Break into groups and report back how it was resolved

Questions to ask

Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher, William Ury, Bruce Patton

Getting Past No, William UryHelpful in multiple situations

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