Post on 12-Jan-2016
Killing Me Softly - September 2006 Pacific Mediation
Resolving Team & Staff
Conflict
Killing Me Softly - September 2006 Pacific Mediation
What is Conflict?What is Conflict?
Conflict occurs as a result of a perceived divergence of interest, or a belief that the current parties aspirations cannot be met simultaneously (Rubin,Pruitt & Kim, 1994)
Killing Me Softly - September 2006 Pacific Mediation
Types of ConflictTypes of Conflict
Substantive • Facts
Procedural •Way situation has been handled
Psychological•Impact on feelings
Killing Me Softly - September 2006 Pacific Mediation
Some Common Causes Some Common Causes of Conflictof Conflict
Relationships
Interests
Communications
Value differencesDiffering
Perceptions
• Emotional Issues
• Resource Competition
• Differing Goals
• Personality Clash
• Management Styles
Conflict Escalation
Killing Me Softly - September 2006 Pacific Mediation
Responses to ConflictResponses to Conflict
Do Nothing (Live with it!)
Negotiate Mediate Formal Investigation/Enquiry Arbitrate / Litigate
Killing Me Softly - September 2006 Pacific Mediation
Personality TypesPersonality Types
Turtles
Teddy Bears
Foxes
Owls
Sharks
Killing Me Softly - September 2006 Pacific Mediation
Perceptual PositionsPerceptual PositionsWalking, Seeing, Hearing, Thinking, Feeling, BelievingWalking, Seeing, Hearing, Thinking, Feeling, Believing
1st PersonFrom my perspective
– Impact on ME– How I see things– How I feel
Killing Me Softly - September 2006 Pacific Mediation
Perceptual PositionsPerceptual PositionsWalking, Seeing, Hearing, Thinking, Feeling, BelievingWalking, Seeing, Hearing, Thinking, Feeling, Believing
2nd Personfrom their perspective
– Impact on them– How they see things– How they feel
Killing Me Softly - September 2006 Pacific Mediation
Perceptual Positions Perceptual Positions
3rd Person– Observers View– Impartial position– Helicopter
Killing Me Softly - September 2006 Pacific Mediation
Negotiation StylesNegotiation Styles
Power Based Strikes, Sanctions, War
Rights Based Courts, Adjudication, Arbitration
Interest Based Mediation, Negotiation
Killing Me Softly - September 2006 Pacific Mediation
Power BasedPower Based
Win / Lose outcome Total lack of trust Focus on differences Damages relationships Outcome unsatisfactory for one/both Costly
Killing Me Softly - September 2006 Pacific Mediation
Rights BasedRights Based Third party decision Law/precedent based Uncertain outcomes High cost
$$$, and Emotions/Stress Time
Relationship deterioration
Killing Me Softly - September 2006 Pacific Mediation
Interest BasedInterest Based Issue identification Interests
– Wants, needs– Fears, concerns
Mutual respect Flexibility Protects relationships Outcome more sustainable
Killing Me Softly - September 2006 Pacific Mediation
Resolution StylesResolution Styles
Interest Based1
Mediation
Rights Based
Adjudication - Arbitration
Power Based
Strikes - War
Low
COST
High
LIKLIHOOD of
SATISFACTORYOUTCOME
Low
High
Killing Me Softly - September 2006 Pacific Mediation
Questions?Questions?
Do you think this dispute will still be going on in ………?
If there were two methods of resolving disputes
Killing Me Softly - September 2006 Pacific Mediation
Key Skills - QuestioningKey Skills - Questioning
Closed questions invite Yes/No End the exchange
Open questions begin with:–How, What, When, Where, Who…–Tell me about …–How do you feel about? ...
Killing Me Softly - September 2006 Pacific Mediation
Key Skills - ListeningKey Skills - Listening
A skill that can be learned and improved
What do good listeners do?
What are the impacts of good listening
Killing Me Softly - September 2006 Pacific Mediation
Key Skills - Reflective ListeningKey Skills - Reflective Listening Reflective Listening is “Active”
Words, Intonation, Body Concentration & Focus - Two Way Multi level Attitude as well as skills
Paraphrase facts and feelings Clarify with open questions Validate feelings - From THEIR point of view
Killing Me Softly - September 2006 Pacific Mediation
Key Skills - ReframingKey Skills - ReframingBe 'hard' on the issues, but 'soft' on the person.
Move from : Person to Problem Positions to Interests Past to Future
Neutral language and “I” statementsDescribe the speakers feelings, not the other
persons character/action
Killing Me Softly - September 2006 Pacific Mediation
Negotiating AgreementNegotiating Agreement
Focus moves from past to present and futureLooking for settlement options
– Challenge to take responsibility– “What do you think would be the best outcome for everyone?
– “What do you feel you could do to move negotiations along?”
How the parties feel about the others point of view
Looking for common ground
Killing Me Softly - September 2006 Pacific Mediation
What is Mediation?What is Mediation?
Impartial 3rd Party
Facilitated discussion
Parties in control
Parties work to THEIR solution
Killing Me Softly - September 2006 Pacific Mediation
How is Mediation different?How is Mediation different?
Expectations– Win / Loss
Hostility Equity over Law Flexibility Formality Parties retain Control
Killing Me Softly - September 2006 Pacific Mediation
Benefits of MediationBenefits of Mediation
Far less costly Interest Based Preserves relationships Quick Less formal Flexible Participants in Control Increased chance of procedural fairness
Killing Me Softly - September 2006 Pacific Mediation
Role of MediatorRole of Mediator
Responsible for ProcessFacilitates discussionImpartialReal empathyEmpoweringAssertive
Killing Me Softly - September 2006 Pacific Mediation
Settlement AgreementsSettlement Agreements
WHO
agrees
to doWHAT WHEN
Killing Me Softly - September 2006 Pacific Mediation
““Blessed are the Peacemakers”Blessed are the Peacemakers”
Good Luck
If we can help please contact us
Pacific Mediationwww.pacificmediation.com.auInfo@pacificmediation.com.au
Tel: 9855 0855