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Mediation
Difference in attitudes, values, priorities,
lifestyles, observation and interest occur in every meaningful relationship
- in our workplace, families and communities.
In the workplace these differences can, when handled constructively, create
effective motivated teams. However when handled incorrectly can give rise to
conflicts that can hurt our co-workers, our family, and our friends Your choice to bring a conflict to mediation is an important first step in
its resolution.
Preparing for Mediation:
Although mediation is an informal process intended to allow people to
exchange information and discuss their interests, being prepared will
help you get the most value out of mediation.
Your best interests may not be served if
decisions are made based on incomplete information. The chances of reaching
an agreement in mediation that will be satisfactory to both sides, will
increase when thought is given to the following piece of the dispute
before the mediation:
" What Happened? " - The Dispute:
Make sure that you are prepared to explain in your own words the
"facts" of the dispute for the benefit of the other person or people
involved and the mediator, this will help the other party hear your perspective.
Think about how to express your views in a way that the other person will
hear and understand, even if they don't agree. The tone and focus of the
introduction sets the mood (and sometimes the focus) for the mediation. If
you hope to reach an agreement take advantage of the opening as an
opportunity to make it clear that you are there to negotiate and resolve - not to argue
about the past.
Your Underlying Interests:
Clearly define the issues of importance and your needs before the mediation.
Some useful starting points include:
- What are we coming together about?
- What is it about these issues that are
important to me?
- What do I hope to gain?
- What information do I have to support my
point of view; what additional information might be helpful?
Do not assume what these needs are, but fully
explore all aspects of the dispute: for example, "I want my employer to
stop second guessing all my decisions, I have been working for 20 years
and have an excellent History of employment. " Maybe the initially
stated concern, but the underlying interests may include:
- increased trust
- conflict-free future relations with the
employee, working with the employee to increase production.
Identify interests that may be common to all
parties involved. In the example above, it may be difficult to negotiate
when one position is "trust my work" and the other is "I don’t trust you.”
Productive negotiation is much more likely to occur if attention is paid to
common issues and needs.
The Opposing Person's Interests:
Try to imagine the possible interests of the other person, basically what is
important to them.
Prepare open-ended questions to assist you
during the mediation in understanding the other person’s interests in order
to successfully move the discussion toward common interests.
Developing Options:
Create a number of possible solutions, which may address the interests
of all parties involved.
Remain flexible and consider possible
creative responses to solutions, which may be proposed by the other person at
the mediation.
Keep in mind that creative proposals are not
necessarily offers, but simply ideas.
Walk-away Alternatives:
Ask yourself what will happen if you don't settle. Do you want to go to
grievance or Harassment Investigation? How much time are you willing to put
into this? How strong is your need to resolve? Considering these types of
questions allows you to measure the value of offers made during the
mediation so that you are able to decide between an acceptable and an
unacceptable offer.
Remember, mediation is a choice. This choice validates your commitment
toward creating a safe, healthy and respectful work environment. Please
remember that mediation is about listening to understand. Your
willingness to tell your story and then respectfully listen to understand
another persons’ view is importance.
If you have any address questions or concerns, please call me at
729-5891 or email at
cathymurphy@gov.nl.ca for clarification.
Cathy Murphy
Respectful Workplace Coordinator
Phone: (709) 729-5891
Fax: (709) 729-6234
Toll Free: 1-877-729-5891
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