Showing posts with label resolving dispute. Show all posts
Showing posts with label resolving dispute. Show all posts

Saturday, January 14, 2017

The role of Mediator according to different conflict theories



Mediation is a process of dispute resolution in which a neutral and impartial third party facilitates and assists parties in negotiating a consensual and informed agreement. There are different styles and forms of mediation practiced. The primary difference relates to the role of the mediator. The extent to which the mediator has control over the process may vary according to the style of mediation used. Generally there are three different styles of mediation namely evaluative mediation (substance-oriented), transformative mediation (relationship-oriented) and facilitative mediation (process -oriented).


The evaluative mediation process is modeled on settlement conferences conducted by judges. The role of the evaluative mediator is to control the bargaining interactions between the parties, assist parties and their lawyers to evaluate the parties’ legal position and the costs involved. They also decide what the best deal is for the parties.

The transformative mediation process focusses on “empowerment” of the parties and the primary concern is future party relationships. The transformative mediator’s role is to generate mutual respect for one another and to create “inter-party recognition” of each others needs, interests, and viewpoints which will lead to them working to achieve mutually acceptable solutions. The role of the mediator is to generate inter-party empathy so as to induce each other to appreciate feelings and perspectives of their opponents. 

The most popular style of mediation and the one used by our mediators at www.mediate2resolveonline.com is facilitative mediation defined as “a process by which the participants, together with the assistance of a neutral third person or persons, systematically isolate dispute issues in order to develop options, consider alternatives and reach consensual settlements that will accommodate their needs. The key feature of this definition is the principle of self-determination and party autonomy. Parties must voluntarily participate in the process to make it a success. Parties cannot be compelled to negotiate a settlement against their wishes.

Tuesday, January 10, 2017

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, does not necessarily mean that the workplace is dysfunctional but instead signal that employees are engaged and interested. What is important though is how these conflicts are handled and resolved. Despite most people being wired to avoid conflict, it is necessary 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 3rd party act as a mediator to facilitate the communication with your co-worker.

For a great blog post on workplace revenge (not! recommended by the author) visit Conflictremedy.com


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