Mediation Consultants: A Road Map for Conflict Resolution

Mediation Consultants:A Road Map for Conflict Resolution Realize Communications Principal: Mark Collins E-Mail: markcollins@realizecommunications.com

Mediation: An Introduction - Conflict is Inevitable- Conflict Can Be Managed- Conflict Can Be in Organizations, But Ultimately it is a “Relationship” Issue

Mediation Consultants: Fundamentals - Process: Road Map, Roles, Responsibilities -Patience: Establishment of a New “Time” Reality - Personnel: Address Bias, Perspective and Emotion

Mediation Consultants: Mark Collins - Professional Experience: Human Resources, Regulatory Affairs, Labor Relations Licensed Attorney: Inactive Status Various Speaking/Leadership Activities in the Food Industry Certificate: Center for Conflict Resolution

Negotiation Primer, Part 1 - Negotiation: the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective bargaining, and/or attempt to craft outcomes which serve their mutual interests. True or False Negotiating means getting the best of your opponent. True or False Negotiation: the art of persuading your opponent to take the nice shiny copper penny and give you the wrinkled old paper money. True or False Negotiation: resolving of disagreements, the reaching of agreement through discussion and compromise. True or False

Negotiation Primer, Part 2 - Negotiation: the process between two or more parties (each with its own aims, needs, and viewpoints) seeking to discover a common ground and reach an agreement to settle a matter of mutual concern or resolve a conflict. True or False Negotiation: the tackling of a hazard or problem. True or False Negotiation: one or more meetings at which attempts are made to reach agreement through discussion and compromise. True or False Negotiation: An interactive process between two or more parties seeking to find common ground on an issue or issues of mutual interest or dispute where the involved parties seek to make or find a mutually acceptable agreement that will be honored by all the parties concerned. True or False

Negotiation Primer

Mediation Agreement Documentation, Documentation, Documentation A Mediator’s Objective is to Facilitate a Process A Mediator Works on Behalf of Both Parties Mediation Consultants Cannot Provide Legal Advice A Mediator Must Remain Impartial All Parties Have an Obligation to Discuss Real or Perceived Biases on the Part of the Mediator

Mediation Agreement Primary Responsibility for Resolution Rests on the Parties, not the Mediator A Mediator Must Disclose Costs and Obligations of the Parties A Mediator Must Disclose a Schedule of Activities and Provide Reasonable Notice of Modifications All Parties Should Commit to Working Towards an Agreement

Mediation Agreement Key: Any Party May Withdraw or Suspend the Mediation Proceedings at any Time The Mediator May Suspend Proceedings for the Following Reasons: 1. if the Mediator feels that the mediation will lead to an unreasonable result (including the incapacity of a participating party), 2. if the Mediator feels that an impasse has been reached, 3. if the Mediator determines that he can no longer effectively perform the facilitation role or 4. if the Mediator feels one or more of the parties are not acting in good faith.

Confidentiality - All parties are subject to confidentiality protocol. - Parties shall not divulge information gained through this mediation to third parties. - The Parties shall not subpoena any participant to the mediation process or request the release of information related to this mediation. Confidentiality includes discussions that occur in caucus.

Confidentiality Exceptions To prevent reasonably certain bodily harm. To prevent a party from committing a crime or fraud that is reasonably certain to result in injury to the financial interests or property of another. To secure legal advice about the Mediator’s legal/ethical compliance. To comply with another and superseding legal obligation or court order. To implement and disclose the obligations of the party’s pursuant to the express language of the mediation agreement.

Elements of an Opening Statement GOAL IDENTIFICATION SMART (Specific, Measurable, Achievable, Realistic, Time Bound) Documentation of Goals Flexibility of the Parties

Elements of an Opening Statement PROCEDURES Mediator’s Opening Statement Parties' Initial Statement Identifying the Interests Versus the Positions Cross Talk I Caucus Cross Talk II Caucus Agreement in Writing Concluding the Mediation

Elements of an Opening Statement CAUCUS Beneficial Step in the Mediation Process Cool Down Period or Reassessment of the Situation Non-Requesting Party Should Take Advantage of the Opportunity

Elements of an Opening Statement GROUND RULES Allow Acknowledgment of Emotion Verbal Statements as “Draft” Statements Interruptions, Partial Thoughts, Clarifications Active Listening, Summarization, Praise Proper Use of Caucus Parking Lot Requests/Counter-Offers/Commitments

Elements of an Opening Statement STRATEGIES FOR FACILITATING EFFECTIVE COMMUNICATION Reality Testing BATNA (Best Alternative to a Negotiated Agreement) Silence Brainstorming Flip Side Reframing So How Would This Work? Range of Possible Options

Getting to Yes Any method of negotiation can be fairly judged by 3 criteria: It should produce a wise agreement. It should be efficient. It should improve (or at least not damage) the relationship between the parties.

Getting to Yes A wise agreement has 4 elements: It meets the legitimate interests of each side to the extent possible. It resolves conflicting interests fairly. It is durable. It takes community interests into account.

Getting to Yes Principled negotiation has 4 elements: PEOPLE: Separate the people from the problems. INTERESTS: Focus on interests, not positions. OPTIONS: Generate a variety of possibilities before deciding what to do. CRITERIA: Insist that the result be based on some objective standard.

Getting to Yes How to avoid the “people” problem: Perception: what is their reality? Emotion: make them explicit and acknowledge them as legitimate. Communication: talk “to” each other … not “at” or “in close proximity” to each other.

Getting to Yes “Be hard on the problem, soft on the people.”

Getting to Yes Obstacles that Inhibit the Inventing of Options: premature judgment, searching for the single answer, the assumption of a fixed pie, and thinking that “solving their problem is their problem.”

Getting to Yes Insist on using Objective Criteria: frame each issue as a joint search for objective criteria, reason and be open to reason as to which standards are most appropriate and how they should be applied, and never yield to pressure, only to principle.

Getting to Yes BATNA Best Alternative to a Negotiated Agreement The reason you negotiate is to produce something better than the results you can obtain without negotiating. BATNA is the standard against which any proposed agreement should be measured.

Procedural Guidelines Guard Rails Compass Map Road Performance Criteria Subject to the Review of the Parties

Contracts – A Review Mediation Consultants will not provide legal services. However, contract requirements can help begin to illustrate what the parties should consider when framing up an agreement.

How to Write aMediation Agreement “Language” is the responsibility of all the parties. Detail how each disputing party will communicate and work with each other to head off any future conflicts and ensure that the agreement is followed. The agreement “is” the reality

Agreement Template Guard Rails Compass Map Road Performance Criteria Subject to the Review of the Parties

The Spirit of Mediation "There is no way to peace, peace is the way.” A. J. Muste

Conclusion Questions Concerns Statements Next Steps

Mediation Consultants: A Road Map for Conflict Resolution