Introduction to Mediation Concepts Richard A. Posthuma, J.D., Ph.D., GPHR, SPHR 2010 This presentation gives an introduction to some mediation concepts and ideas that will be helpful as you work through actual mediation or through the mediation exercises included in this learning module.

Mediation Two or more parties can voluntary reach an agreement to resolve a dispute with the help of a third person called the mediator. Mediators Are not: the judges or juries. Are: neutral facilitators. Mediation is a process in which two or more people, businesses, etc. (called “parties”) discuss how they can reach an agreement on issues that affect both of them with the help of a third party, called a mediator. Mediation is a voluntary process; at any time, either party can decide to end the mediation. In the workplace, it is common for employers and employees to discuss issues related to wages, benefits, work assignments, etc. When a third party becomes involved, it is a mediation. © SHRM 2010

Mediator Characteristics Neutral While sometimes give opinions, the best role is to get the parties to mutually decide how to settle their dispute. Intelligent Understands the nature of the issues. Socially and emotionally intelligent; can read the parties and chose the right tactics. Trustworthy Can be trusted with information that one party doesn’t want revealed to the other party. Good mediators are people who are neutral, intelligent and trustworthy. Source: Wilmot, W. W. & Hocker, J. L. (2001). Interpersonal Conflict, 6th Edition. Irwin McGraw-Hill. © SHRM 2010

Situations When Mediation Might Be Appropriate Formal complaints, grievances or lawsuits. Informal workplace disputes: Managers often act as mediators between employees. Sometimes there are formal mediation processes, like during collective bargaining negotiations. When the parties are not able to reach an agreement by themselves, a mediator may be appointed to help in the negotiations. However, it is probably more common for people to experience less a formal mediation process. In these situations, just about anybody (boss, co-worker, subordinate, etc.) can act as a mediator. © SHRM 2010

Mediation is a process that moves through stages. Mediation Process Mediation is a process that moves through stages. Introduction: Mediator introduces self and sets the ground rules. Problem-solving: Mediator uses various tactics to help parties to reach agreement. Agreement: Mediator helps finalize the agreement (e.g., in writing) by getting a commitment from both parties. The mediation process typically flows through several stages. Initially, the mediator introduces himself or herself, sets the stage and explains the ground rules for how the meetings will be conducted. Then the mediator employs a variety of methods or tactics to help the parties voluntarily reach an agreement. Finally, the mediator helps ensure that if there is an agreement, the parties understand the terms of the agreement and are committed to carrying out the agreement. Often the mediator drafts a written document that describes the terms of the agreement. Source: Wilmot & Hocker (2001). © SHRM 2010

What Tactics Do Mediators Use? Pressure try to change (or lower) a party’s expectations, push them to make concessions, etc. Processes to simplify the agenda, call for caucuses, control the timing or pace of negotiations, teach them about bargaining processes (give and take, positions v. interests). Friendliness to gain trust and confidence, use humor, let them blow off steam, speak their language. Avoid negative emotions: control expressions of hostility. Discuss alternatives: Discuss other settlements, have them prioritize the issues. What do mediators actually do? Research has shown that the tactics listed on this slide have proven to be effective mediation tactics. Source: Posthuma, Dworkin & Swift (2002). © SHRM 2010

Mediation is a voluntary process. Summary Mediation is a voluntary process. The mediator tries to help negotiating parties reach an agreement that resolves their dispute. © SHRM 2010