Business Diplomacy: Resolving Disputes Through Mediation

Qatar is seeking mediation with its Arab neighbors to resolve the current Middle East conflict. The fracas began when Saudi Arabia, the UAE, Bahrain and Egypt cut diplomatic ties and shut their borders to Qatar on allegations of Qatari support for terrorist organizations. The source of the conflict was purportedly due to implanted false reporting in Qatari news by nefarious agents of another country.

In the Arabic culture, the use of “sulha” or “sulh” (similar to the mediation-arbitration of the West) is common. This method employs a third party committee (“jaha”) to effect shuttle diplomacy and proxy discussions between disputing parties. Normally, sulha is used to resolve victim-offender conflict that might threaten to tilt two families, and ultimately two clans or tribes into open conflict.

The utilization of mediation as a customary practice is widespread amongst native communities worldwide, and considered as the primary dispute resolution method in these societies. Resorting to courts and the litigation system is a 20th century phenomenon introduced by colonial powers. Notwithstanding, mediation is not an alternative but as demonstrated in the case of Qatar and its neighbors, a centuries old go-to tool in diplomacy. After all, before Qatar and its neighbours became states five decades ago, they were the tribes Al Thani, Al Khalifa, Al Sabah and Al Saud. 

So, why shouldn’t businesses too resort to this form of diplomacy in settling business disputes? Especially in societies where values such as face, honor, reputation and harmony are prized over profits and money. When direct negotiation between parties are deadlocked, mediation is useful for the following reasons:-

·     A mediator can invite each side to take a step towards one another, which for ego or organizational reasons, they could previously not do.

·     He or she can stimulate creativity on how to arrive at a mutually beneficial deal or how to by-pass the deadlock.

·     In private sessions, the mediator would allow each party to confide what they would otherwise not be able to express in the presence of the other party for fear of damaging bargaining leverage, and explore with the mediator any changes in their own position.

·     The mediator can invite both parties to express themselves and listen to both sides without anger, at the same time framing the views for understanding and acknowledgement.

·     The parties can explore compromise solutions or positions that either party alone would be afraid to propose.

As an alternative dispute resolution method to the traditional litigious framework, mediation brings too much value and efficacy to businesses to ignore. It saves costs, time and energy and allows executives to concentrate on what is important – building the business and making money.

Consult our experienced business mediators at www.mediate2resolveonline.com to explore more.

7 Steps to Resolve a Workplace Dispute with a Co-Worker

Conflicts are an inevitable part of life, and when present in a working environment, signal that employees are engaged and interested. What is important though is how these conflicts are handled and resolved. The most important thing is to address conflict immediately and constructively, before it turns the working environment toxic.

If you have experienced a situation where you and your co-worker simply cannot get along, but it is necessary for the working relationship that you continue coordinating with that person, you might want to consider taking the following steps to de-escalate, and potentially diffuse, rising tensions-

1.     Communicate your desire to sit down and talk.  You could do this personally, or with a respectfully worded email inviting him or her to have a chat. Take it outside the office environment, if necessary.

2.     At the meeting, set the tone for a collaborative approach and accept responsibility for your part in the dispute.

3.     Ask your co-worker his views on the disputed issue. Listen actively to what he says by paraphrasing what you hear, asking questions and acknowledging his concerns. Calmly allow your colleague to vent his emotions or frustrations, because this would be the best way to uncover his/her interests. Then assertively convey your views and your interests.

4.     Reality-check the assumptions underlying both your interests.

5.     Brainstorm some creative options for meeting both your interests.

6.     Check that the options are implementable.

7.     Finally, agree on the steps going forward.

If you find it difficult to navigate the discussions by yourself, you could suggest that a 3^rd party act as a mediator to facilitate the communication with your co-worker.

Contact Mediate2ResolveOnline.com if you would like our mediator to help you. You can take your discussions online, in a convenient, efficient and cost-effective manner.

When will you resolve your disputes? Try Mediation

Try Mediation to Resolve your Disputes

If you're wondering how you can resolve a conflict or dispute you're having with someone else, think about finding a mediator to help.

Check out our short talk on mediation and how it can help resolve your disputes in our What is Mediation? youtube video .

There are many ways or alternatives to dispute resolution other than litigation or violence. Consider this economical, effective and efficient process to achieve some peace and harmony in you life.

Opportunities for Value Exchange in Negotiations and Mediation

A few weeks ago, I coached middle executives in mediator skills. One of the questions I would ask each of those that I had the privilege of mentoring is: what are your strengths? Apparently, I had hit on a very difficult question, for although almost all of them were able to tell me where they wanted or needed improvement, none could tell me specifically what value they could bring to the table.

So here is the crux of this article. If you do not know your value and what you bring to the negotiation or proceedings, how will you be able to effectively conduct negotiations, whether as 3^rd party neutral mediator or even as one of the parties. All negotiations involve an exchange of value between parties, and each counterpart must feel that they obtain value as they give away value.

In a mediation situation, the mediator must know his/her own quantity and skills in order to extract the maximum value from the parties. This translates to the experience of the parties during the mediation, and whether they walk away feeling satisfied from the proceedings. Although satisfaction is an intangible outcome, it is measurable in the sense that if the mediator had not done his/her job properly, parties would be left feeling cheated or dissatisfied. Often times, any settlement or resolution achieved at the mediation, would be reneged upon or not carried out.

There are 2 aspects here-

·      Value brought by the mediator

·      Value of the pie contributed by both parties, and expansion of the pie through the value brought by the mediator

The first aspect, concerning value brought by the mediator in an interest-based mediation means the skills of the mediator in creating movement, uncovering underlying interests and helping parties to explore and create options as well as evaluating those options in order to guide participants to a resolution. This involves self-knowledge of the mediator of his/her own special talents and the toolbox that the mediator brings to the table in the management of the process.

The second aspect follows the first, because a self-aware mediator will also be able to bring out the full value of the dynamics, and not merely re-state the position of the parties and shuttle between one party to the other in a semblance of bargaining or horse-trading. Once the full extent of the parties’ interests has been uncovered and the available options discussed, then only can the exchange of value occur and even that in gradual stages through the guidance of a skilled mediator.

One of my observations from coaching is that new or beginning mediators tend to be solutions-driven, and in that mode, might exert unseen pressure on the parties to settle thereby overlooking any additional value that could be created and claimed by the parties, or worse, asking one party to give up value in exchange for nothing.

If you would like to learn more about exchanging value in negotiations or mediation or conflict resolution, email us at mediate2resolveonline@gmail.com.

Representing your Client in Dispute Resolution Conference

An attorney representing or accompanying a client to a dispute resolution or mediation conference is no longer the warrior litigator fighting for his/her client's cause. Mediation is an attempt towards peace-making, whereby all the attorney's instincts and legal training in the art of persuasion (by means fair or foul) takes a back seat to even more subtle skills - supporting the client's autonomy and right to self-determination whilst at the same time educating his client, the mediator and the other party, as to the legal substance and legal impact without alienating and limiting anyone.

Wow, that's a lot of balancing going on. For those of us who have or have had teenage children, you will understand what that means. However, unlike parenting, these mediation counsel skills can be learnt. Here are the main concepts an attorney in mediation should master:

1.   Understanding your role and the conflict trap within which you and your client might remain stuck in. It is too easy to revert to the traditional adversarial structure and sticking to positions. As a lawyer, you should be mindful of your own motivations and frame of mind and understand that your sole motivation ought to be to help people in conflict resolve their disputes;

2.   Be fully prepared to discuss the legal substance of your client's case. This does not mean beating your chest and peppering the discussions with adverbs and adjectives such that it might polarize the other party, but it does mean cooly setting out the strengths as well as the risks of your client's legal situation. You should also be completely prepared and realistic enough to discuss the legal impact meaning the practical consequences of the litigation process;

3.   Step back and allow the client to discuss their own business or personal reality. This is the hardest part, because as lawyers you are naturally protective and would be afraid of the client divulging "too much". However, it is necessary to support the client's expression of painful emotions as it is necessary for the other party to understand it as well;

4.   Master the skills of active listening, looping and framing/re-framing of interests, creating options to relate to the interests and reality testing using objective criteria or standards. These skills will take a lot of work, and the best attorneys will spend a lot of time and go through many mediations before mastering this. As a great yoga guru once said

"Practise, practise, practise..and ALL is coming." (Sri K Pattabhi Jois)

5. Bargaining well to close the deal. This will be the subject of another blog, for numerous books have been written by so many experts in this fieldb. Briefly it's a little like fencing. You would know when to strategically advance, anchor, retreat, trade-off, ZOPAs (zones of possible agreement) and recognise and label difficult tactics, and have a few tools up your sleeve.

6. The last skill, ie understanding difficult people and difficult situation, is in my view pretty esoteric. Whilst it is not necessary for an attorney to learn this, it would be useful to be able to recognise when you come up against these instances. It leads you back one full circle, I guess, you'll have to know yourself very well before knowing others. Also the subject of a separate blog.

If you're a lawyer interested in learning mediation skills in Malaysia to better represent your client, check us out a mediate2resolveonline.com