Now that we are aware of the principles of mediation, what applications do they have for the organization? Why is it beneficial for managers to resolve conflict, possibly with the use of mediation, as opposed to using arbitration? What traits and characteristics does a typical mediator possess? Do you share any of these traits?
Mediation is:
The Successful
Mediator:
Factors to Consider
Why a Table?
For single mediator:
D= disputant M= mediator tel.= telephone
For co-mediation:
D= disputant M= mediator tel.= telephone
For co-mediation:
D= disputant M= mediator tel.= telephone EC= Empty Chair
For multiple party mediation:
D= disputant M= mediator tel.= telephone
Mediator: "Now that we are back in joint session, Chris, there is
something that Ernie has been wanting to tell you but has been unable
to do so for fear that you would immediately judge him and not listen
to his explanation. Would you be willing to allow Ernie to share this
information as well as his explanation?"
Chris: "Sure. I want to get to the bottom of this. What's going on?"
Mediator: Carol, during the mediation session, you have seemed angry and I
had to caution you several times about following the ground rules. Is
everything okay? Are you still willing to continue?
Carol: Yes, everything is fine. I just can't sit here listening to her lie like that.
Mediator: I understand that you want the truth to be told today, but I should
remind you that I am not here to decide right and wrong.
Carol: Yeah, I know that.
Mediator: That is helpful Carol, but the only way that mediation can work is
when everyone says what they need to say, without fear of being interrupted.
As I mentioned, I have had to confront you on several different occasions to
allow Monique to speak.
Carol: I'm sorry, but I get frustrated listening to her crap.
Mediator: I understand that, Carol, but I have to tell you that when you interrupt as you have been doing, it makes it difficult for Monique to say what she needs to say and it makes it difficult for me to assist both of you. I hope you understand that these interruptions need to stop. Can I count on you for this?
Carol: Yeah. I'll stop. But aren't you being a bit harsh, or violating your
neutrality or something?
Mediator: I am just reminding you that there are ground rules which I need everyone to follow. If the ground rules cannot be followed after we come back together as a group, I may decide to terminate this session. I thought it would be more appropriate to talk to you about this privately, rather than doing so in front of Monique.
Carol: Okay, I appreciate that.
Situation: Mike and Janice are involved in a mediation session to assist them in
resolving a dating relationship dispute. Mike has been acting disorderly, since
Janice indicated her desire to cease the dating relationship. Mike is making
angry comments towards Janice, and the mediator interrupts.
Mediator: "Mike, I must interrupt and ask both of you for your attention. As
you know, my role here is to assist both of you, and I have attempted to
remain objective and neutral throughout this session. I reviewed the ground
rules with both of you at the beginning of this session and reminded you of
them several times when there were interruptions and name calling. Mike,
your continuous interruptions and sarcastic comments throughout the session
demonstrate to me that you are not acting in good faith in this process. I am
unable to effectively carry out my responsibilities and am therefore
terminating this session".
Mike: "You can't do that!"
Mediator: "You will recall that during the introductory statement I
made it clear that I do have this authority. I am now
choosing to exercise it. There will be no negotiation of this
decision, and I will report the reasons for this termination to
my supervisor. You may then address any concerns that you
may have about me with her".
Mike: "Aw, come on….I'll be good from now on".
Mediator: "You have had sufficient opportunities to demonstrate
your good faith and have failed to do so".
Janice: "So where does this leave me? He has been
harassing me for over a month".
Mike: (yelling) "I have not been harassing you!"
Mediator: "I will be happy to assist both of you in making an appointment with my supervisor to review your options. Janice, it is my understanding that because this case is a deferral of disciplinary action, charges may now be initiated through the dean's office".
Janice: "Okay".
Mediator: (to both) "Although I am disappointed by today's
outcome, I am encouraged by the fact that you had both
entered the mediation process in the first place. If future
opportunities can be used in a more responsible manner,
I am sure you will make better progress. Thank you for
coming".
Source: Saylor Academy, https://s3.amazonaws.com/saylordotorg-resources/wwwresources/site/wp-content/uploads/2013/02/BUS209-5.2.3-Basics-of-Mediation-and-Manager-as-Mediation-FINAL.ppt
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