Mediation in the Workplace Ohio Department of Job and Family Services Statewide Civil Rights...

Mediation in the WorkplaceMediation in the Workplace

Ohio Department of

Job and Family Services

Statewide Civil Rights Conference

June 8, 2006

Columbus, Ohio

Managing Conflict in the Managing Conflict in the WorkplaceWorkplace

• The Nature of Conflict

• Sources of Conflict

• Conflict Styles/ How We Respond

• Tools for Effective Conflict Management

What is Conflict?What is Conflict?

Definition of Conflict:

Conflict is a form of competition between perceived or actual incompatible needs, goals, desires, ideas, or resources.

Source: The Consortium on Negotiation and Conflict Resolution

What Types of Conflict Do What Types of Conflict Do You Experience Everyday?You Experience Everyday?

Types of ConflictTypes of Conflict

Interpersonal Intragroup Intergroup

Sources of ConflictSources of Conflict

• Communication

• Structural

• Personal

Sources of ConflictSources of Conflict

Communication -- Too Much, Too Little

• Poor listening• Insufficient sharing of information• Differences in interpretation and perception• Nonverbal cues ignored or missed

Sources of ConflictSources of Conflict

Structural• Size of the Organization• Turf• Turnover rate• Roles and Responsibilities

Sources of ConflictSources of Conflict

Personal• Individual self-esteem• Personal goals• Personal Values and Needs

–To be valued by others

–To be in control

How Do You Respond to How Do You Respond to Conflict?Conflict?

Five Styles We Use in Conflict Situations

-Avoid - do nothing-Compete - win/lose-Compromise - split the

difference-Collaborate - win/win-Accommodate - give in

Know Your Hot ButtonsKnow Your Hot Buttons

Tools for EffectiveTools for Effective Conflict Management Conflict Management

• Using a Problem Solving Process

• Use Communication to Your Advantage

• Consider Processes such as Mediation

Using a Problem Solving Using a Problem Solving ProcessProcess

• There are many different problem solving processes and models for conflict management and resolution - 3-step; 4-step; 6-step

• No one process or model is best• Choose one that works for you and your

situation

6 Step Problem Solving 6 Step Problem Solving ProcessProcess

• Identify the Issues(s) or Problem(s)• Use brainstorming to identify the Interests (needs

and concerns) of all the parties• Use brainstorming to develop options or potential

solutions• Evaluate and choose the option or solution that

addresses the needs and concerns of all parties -- strive for mutual gain

• Implement the chosen solution• Review the result -- build in follow-up

Assess your SituationAssess your Situation

•Identify the problem or issue?

•What is important to you and why?

•What is important to the other person(s) and why?

•How can mutual gains be maximized?

Positions and InterestsPositions and Interests

• Position = What I Want• Interest = Why I Want it – my needs,

concerns

If you are stating a position, the other person can only respond with yes or no, or a counter proposal. If you are stating an interest, there are usually multiple ways to satisfy the interest.

Using Communication to Using Communication to Your AdvantageYour Advantage

What are some main components of communication?

Using Communication to Using Communication to Your AdvantageYour Advantage

Communication negotiates relationships and communicates ideas.

•Effective Listening•Preference Statements•Purpose Statements•I Statements

Effective CommunicationEffective Communication

The Art of Skillful Listening• Stop Talking• Imagine the other person’s point of view• Look, act, and be interested -- ask

questions• Observe nonverbal behavior• Don’t interrupt -- sit still past your

comfort level

Effective CommunicationEffective Communication

Preference Statements: Communicate clearly your preferences rather than stating them as demands or forcing others to guess.

• If it was just me…

• What I’d like…

• It would be helpful to me if...

Effective CommunicationEffective Communication

Purpose Stating: Make known your intentions so others do not unknowingly operate at cross purposes. Supplying information about your aims, allows others to understand, and if possible, to assist you.

• What I’m trying to accomplish is…• I’m hoping to…• My intention is to...

Effective CommunicationEffective Communication

“I” Statements• Focus on yourself – own the problem• Name the feeling• Name the problem behavior• Describe the impact on you

I felt frustrated when you modified the reportwithout consulting me because I spent a lot of time on it.

Effective CommunicationEffective Communication

People want to be heard and want to know that heard them

• Reflect back what you think the person is saying to them - demonstrates to the person that you were listening and gives you an opportunity to clarify so that you may better assess the situation

• Choose Your Words!

Re-framingRe-framing

• Re-framing: stating or re-phrasing a concept in an effort to reach agreement or resolve conflict.

Re-framingRe-framing

Re-framing can be used to:

• Clarify a statement and achieve understanding• Achieve a different perspective• Neutralize language• Construct a joint or common goal• Emphasize areas of agreement and compatibility

Example of Re-framingExample of Re-framing

Original Statement• “Hell will freeze over before I work with that jerk again”

Re-framed Statement• “I had a poor experience working with him/her and I don’t ever

want to repeat it again.

Dealing with Difficult PeopleDealing with Difficult People

Dealing with Your Anger

•Express anger effectively

•Identify the behavior

•Describe your viewpoint

Try to Promote Trust

•Use “positive framing”

•Consider using humor

Dealing with Difficult PeopleDealing with Difficult People

Dealing with Their Anger - Diffuse Emotions

•Listen

•Let them vent

Address Their Anger

•Acknowledge the behavior

Dealing with Difficult PeopleDealing with Difficult People

Dealing with Their Anger - Continued

•Respond Strategically

•Make your response work for you

•Help an angry opponent save face

Dealing with Difficult PeopleDealing with Difficult People

Dealing with Intense Emotions

•Use ground rules

•Set boundaries

•Acknowledge feelings

•Be willing to terminate the process

•Don’t allow personal attacks

MediationMediation

Mediation is an informal structured process in

which a neutral third party, called a mediator,

helps parties work through and resolve

problems.

The mediator does not impose a decision.

7 Stage Mediation Model7 Stage Mediation Model

STAGE 1. Introduction

STAGE 2. Problem Determination

STAGE 3. Summarizing

STAGE 4. Issue Identification

STAGE 5. Generation and Evaluation of Alternatives

STAGE 6. Selection of the Appropriate Alternatives

STAGE 7. Conclusion

Key Features of MediationMediation is usually a voluntary process.

Mediation can be private and confidential.

Disputing parties maintain control over the outcomeRelationships can be maintained or improved.

Mediation can be used before and/or after filing a lawsuit.

Creative agreements beyond the court’s authority can be crafted.

Mediated agreements are often achieved

more quickly than court judgements.

Mediation can reduce the potential for future conflicts.

Workplace Mediation Workplace Mediation ProgramProgram

• Available to state employees at no charge• Any party may request mediation• Participation is voluntary• Mediators are trained state employees – not from the

parties’ agency• Co-mediation model is used• Collective bargaining disputes are not mediated• Does not affect an employee’s right to file formal

complaint or grievance

Ohio Commission on Dispute Ohio Commission on Dispute Resolution and Conflict Resolution and Conflict

ManagementManagement

77 S. High Street, 24th Floor77 S. High Street, 24th FloorColumbus, OH 43215Columbus, OH 43215

(614) 752-9595(614) 752-9595www.disputeresolution.ohio.govwww.disputeresolution.ohio.gov