mediation and practicing project management skills

Mediation and Practicing Mediation and Practicing Project Management SkillsProject Management Skills

Clay Springer, PMPClay Springer, PMPManaging DirectorManaging Director

Four Points, LLCFour Points, LLC

Adventures in MediationAdventures in Mediation

Tremendous growth experienceTremendous growth experience Never the same thing twiceNever the same thing twice Low Reward, High RewardLow Reward, High Reward Success gets defined differentlySuccess gets defined differently Lucky you live . . . Lucky you live . . .

For TodayFor Today

Provide an understanding of the Provide an understanding of the Mediation ProcessMediation Process

Highlight Project Management Skills Highlight Project Management Skills that are used during the processthat are used during the process

Flag some of the Pitfalls that may Flag some of the Pitfalls that may occur along the wayoccur along the way

Recap some techniques in Mediation Recap some techniques in Mediation that can be applied to your projectsthat can be applied to your projects

Mediation and Project ManagementMediation and Project Management

Mediation shares several aspects with Mediation shares several aspects with Project ManagementProject Management

Mediation underscores the power and Mediation underscores the power and importance of “soft skills”importance of “soft skills”

Mediation skills serve to build stronger Mediation skills serve to build stronger Project LeadersProject Leaders

Conflict and Project ManagementConflict and Project Management

Some degree of Conflict is present in all Some degree of Conflict is present in all ProjectsProjects

Conflict isn’t always a bad wordConflict isn’t always a bad word Success is in managing ConflictSuccess is in managing Conflict Most conflict is managed through Most conflict is managed through

negotiationnegotiation But sometimes the stakes are higher . . .But sometimes the stakes are higher . . .

a

Negotiation Mediation Arbitration Litigation

Conflict Resolution Methods

Communication

Formality

Cost

Voluntary Coercive

Control by Participants

High

High

High

High

Low

Low

Low

Low

A Look at MediationA Look at Mediation

Cooperative process to resolve differencesCooperative process to resolve differences Practical, relatively informal, and directPractical, relatively informal, and direct Empowers parties to retain control of their Empowers parties to retain control of their

decisiondecision What Mediation isn’t:What Mediation isn’t:

Imposed solutionsImposed solutions One-sidedOne-sided A legal proceedingA legal proceeding

When does Mediation Work?When does Mediation Work?

BEFORE CourtBEFORE Court When Parties have difficulty When Parties have difficulty

working face to faceworking face to face When the Participants are readyWhen the Participants are ready

Mediator’s Confer(caucus) in between

sessions

The Mediation ProcessThe Mediation Process

Mediator’s Opening Statement

Parties’ Statements

Separate Sessions(context and completeness)

Set-up

Separate Sessions(probing, polling, confirming interests)

Options / Solutions

Agreement

Forum St

age

Negotiation

Stage

Positions

Interests

Options

Positions vs. InterestsPositions vs. Interests

POSITIONSPOSITIONSWhat the Party WantsWhat the Party Wants

““I want my money I want my money back”back”

““I want a published I want a published apology”apology”

““I want them to stop I want them to stop spreading rumors”spreading rumors”

““I want the same I want the same position back”position back”

INTERESTSINTERESTSWhy it is ImportantWhy it is Important

RESPECTRESPECT APPRECIATIONAPPRECIATION REPUTATIONREPUTATION SECURITYSECURITY APPROVALAPPROVAL RECOGNITIONRECOGNITION SELF-ESTEEMSELF-ESTEEM

Mediation seeks to understand, but not necessarily change, interests

Setting the StageSetting the Stage

Gets peoples head in the gameGets peoples head in the game Establishes trust in the people and the Establishes trust in the people and the

processprocess Provides the ground rules for the sessionProvides the ground rules for the session

Skills for Project Managers:

• Providing structure

• Establishing Boundaries

• Being Success Oriented





Options / Solutions

Agreement

Mediator’s Opening Statement 5 minutes

• Building Trust

• Removing judgment from the equation

• Reinforces your Role as Facilitator

Advance WorkAdvance Work

Meet your Co-MediatorMeet your Co-Mediator Review the Case FilesReview the Case Files Recap Similar CasesRecap Similar Cases Agree on ApproachAgree on Approach





Options / Solutions

Agreement


• Preparation

• Surveying the Landscape

• Bonding w/ Team Leaders

10 minutes

• Clarifying Roles

Set-up

Summarizing IssuesSummarizing Issues

Each Party gets a turnEach Party gets a turn Gets Parties thinking about solutionsGets Parties thinking about solutions Reining in PartiesReining in Parties NOT a gauge of potential successNOT a gauge of potential success



• Managing Emotions

• Keeping Parties on Point

• Keeping an open mind





Options / Solutions

Agreement

5 – 10 minutes

• Creating ownership

• Note-Taking

The Mediators’ CaucusThe Mediators’ Caucus

Crucial component of the MediationCrucial component of the Mediation Should be done after every roundShould be done after every round Builds the relationship between the Builds the relationship between the

MediatorsMediators Opportunity to confirm what’s being saidOpportunity to confirm what’s being said

One on One SessionsOne on One SessionsInformation GatheringInformation Gathering

One or two Alternating individual sessionsOne or two Alternating individual sessions Equal opportunity isn’t always equal timeEqual opportunity isn’t always equal time Getting both sides of the storyGetting both sides of the story Uncovering Relevant Facts and InformationUncovering Relevant Facts and Information



• Creating Rapport

• Documenting Facts

• Confirming Information





Options / Solutions

Agreement

5 – 15 minutes each

• Depersonalizing

• Focus on the Task at Hand

One on One SessionsOne on One SessionsGetting at the root of the MediationGetting at the root of the Mediation

Inventorying the important stuff “interests”Inventorying the important stuff “interests” Open-ended and probing questionsOpen-ended and probing questions Confirming key positions and interestsConfirming key positions and interests



• Active Listening

• Knowing Personal Bias

• Dropping Assumptions





Options / Solutions

Agreement

• Avoiding tangents

5 – 15 minutes each

NegotiationNegotiationWhat the Parties can live withWhat the Parties can live with

Tempering expectationsTempering expectations Protecting interestsProtecting interests Gauging comfort levelsGauging comfort levels

Options / Solutions

Tools for Project Managers:

• Focus on Stakeholders

• Proposing options

• Timing, Timing, Timing





Options / Solutions

Agreement

• Creating ownership

5 – 10 minutes

Creating the AgreementCreating the AgreementWhat both parties will walk away withWhat both parties will walk away with

Often no more than a pageOften no more than a page Clarity with flexibilityClarity with flexibility The agreement they ownThe agreement they own

Agreement

Tools for Project Managers:

• Validating Scope

• Closure with Stakeholders

• Documenting appropriately





Options / Solutions

Agreement

10 - 20 minutes (often joint)

Specific Techniques to PracticeSpecific Techniques to Practice

ReframingReframing depersonalizesdepersonalizes underscores neutralityunderscores neutrality

ReflectingReflecting gets feelings outgets feelings out shows you understandshows you understand

Open-Ended Questions Open-Ended Questions (remember: no (remember: no therapytherapy))

where you find the icebergwhere you find the iceberg gets Parties out of the shellgets Parties out of the shell

SummarizingSummarizing directs the focus of the directs the focus of the

conversationconversation distills and confirmsdistills and confirms

Identify “Currency”Identify “Currency” often isn’t moneyoften isn’t money provides optionsprovides options

PacingPacing Tempo and emotion are linkedTempo and emotion are linked Back in the Driver’s seatBack in the Driver’s seat

Self-ChecksSelf-Checks Your solution, or theirsYour solution, or theirs Keeping your stuff of the tableKeeping your stuff of the table

BATNABATNA Realistic possibilitiesRealistic possibilities Regenerate ownershipRegenerate ownership

ClarityClarity The best agreements are short, The best agreements are short,

simple, and straightforwardsimple, and straightforward

Fact-Finding and Active Listening Negotiation and Agreement

NoticeNotice AcknowledgeAcknowledge DeflateDeflate Temperature CheckTemperature Check Break or RescheduleBreak or Reschedule

Navigating Trouble SpotsNavigating Trouble Spots

AngerAnger Poor CommunicationPoor Communication Power ImbalancePower Imbalance ImpasseImpasse Cultural DifferencesCultural Differences

Trouble Spot Strategies

Translate non-verbalTranslate non-verbal Make it safeMake it safe SpecifySpecify ReinforceReinforce ConfrontConfront

Balance speaking timeBalance speaking time Role ReversalRole Reversal Saving FaceSaving Face Separate people from Separate people from

problemproblem

Partialize (chunk)Partialize (chunk) Sidestep, deferSidestep, defer Flag misperceptionsFlag misperceptions BATNABATNA

Evaluate and confirmEvaluate and confirm EmpathyEmpathy Watch non-verbalsWatch non-verbals RespectRespect

RecapRecap

Each step of Mediation pulls Project Each step of Mediation pulls Project Management Skills into PlayManagement Skills into Play

Successful Projects are those where the Successful Projects are those where the Stakeholders own the OutcomeStakeholders own the Outcome

Mediation Reinforces the Role of the Mediation Reinforces the Role of the Project Manager as FacilitatorProject Manager as Facilitator

When your Teams feel that you are there When your Teams feel that you are there for them, Winning comes easyfor them, Winning comes easy

Questions?Questions?

Phone: (808) 521-6767Email: [email protected]

Want to learn more?Want to learn more?

Phone: (808) 741-6953Email: [email protected]

mediation and practicing project management skills

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