Major Assignment

Subject: Conflict Management

Assignment by:

Khyber Massoudy 902-2009 049

Chosen Article:

Mediating conflicts between parties: When/When Not to Mediate Workplace

Conflicts
Table of Contents
Major Assignment.......................................................................................................................................1
Mediation....................................................................................................................................................3
Bold points:.............................................................................................................................................3
Work Plan................................................................................................................................................3
Formal Mediation Environments............................................................................................................3
Relationship to Organization..................................................................................................................4
Mediation strategies...................................................................................................................................5
The parties who benefit the most from mediation are those who:..........................................................5
Mediation in the workplace is applicable for the following situations:................................................5
Mediation in the workplace is not suited for:........................................................................................5
If one of the parties develops personal feelings for the other.................................................................6
1. Ensure that everyone is given a chance to voice their opinions....................................................16
2. Ideate as many solutions as possible.............................................................................................16
3. Focus the list of options on those which are most likely to solve the problem.............................16
4. Choose a solution..........................................................................................................................16
6. Let it be an occasion for celebration when the problem is solved.................................................17
7. If we would want to use neutral-facilitated (third party) agreement-building procedures, we
should consider neutral-facilitated consensus building.........................................................................17
8. An outside facilitator or another management with no direct responsibility over the parties may
be brought in to assist. If you select this option, it will ensure a fair process and help eliminate any
concerns that you are unduly influencing the process..........................................................................17
Making Decisions in Consultation......................................................................................................17
When the boss desires more involvement and input, consultative decisions are made...................18
When the management wants LESS involvement and input, consultative decisions are made........18
Factors like these will impact how much involvement and feedback you allow:..............................19
Mediation
Mediation is a way of managing conflict that uses an impartial person to help team members to
resolve their disagreements. The intention is to ease workplace tensions before they escalate
into something more damaging. It differs from disciplinary and grievance procedures by offering
a more informal and flexible approach, using mediation can reduce formal discrimination
complaints (in the U.S.) and employment tribunal claims (in the U.K.). So some organizations
invest in training their people in the technique, while others might opt to bring in official,
external mediators to intervene in a dispute, especially if it's large and complex, although
severe conflicts are likely rare within teams, and many people will work through any
disagreements in a mature way themselves, mediation can be a useful skill for managers to
develop. It can allow them to deal confidently and effectively with more deep-seated conflict,
as soon as it arises within their teams.

Bold points:
 Mediation entails the involvement of a third person who serves as a facilitator, assisting
the parties in reaching an agreement.
 The mediator is a third person who is neutral, unbiased, and impartial with the goal of
assisting the parties in reaching an agreement on their own terms.
 The mediator should be unaffiliated with the organization or the parties in conflict in the
ideal situation, as this will help to ensure neutrality and impartiality.
 In the workplace, however, it is more often than not the manager who is called upon to
act to assist parties for whom she/he has direct responsibility in resolving their
problems.

Work Plan Formal Mediation

Environments
Relationship to Because the mediator is an
Organization internal employee, the cost
is reduced.
Because there is a greater
chance of being affected, it
is not entirely unbiased.
In comparison to external
mediators, I can devote
more attention to issues.
Parties' relationships The mediator may already
be familiar with the parties
and issues. Concerns
regarding neutrality may
arise as a result of this.
Measures can, however, be
taken to alleviate these
concerns.
Work Plan
Mediation Techniques There will be more
opportunities to mediate
between parties'
relationship concerns.
Mediation is so frequently
more facilitative than
evaluative.
Differences in Procedure Separate gatherings, often
known as caucuses, are not
generally suggested in
order to facilitate open
dialogue.
The mediator is an
outsider. Concerns
concerning secrecy and
neutrality are reduced as
a result. However,
compared to internal
mediators, there is a
higher cost.
Legal and procedural
procedures, in general,
ensure that there are no
conflicts of interest,
prejudice or bias, or
previous involvement in
situations.
Formal Mediation
Environments
Long-distance business
transactions, settlement
negotiations, and other
legal or judicial matters
are common issues.
There is less opportunity
to mediate relationship
concerns. As a result,
evaluative mediation
procedures are becoming
more popular.
After the opening
speeches, the mediator
frequently separates the
sides. Due to worries
about disclosing legal
strategy if the problem
does not resolve and
must be litigated, this
 option is frequently
adopted.

Mediation strategies
 Evaluative: In comparison to other mediators, an evaluative mediator is more involved
in suggesting possible resolutions and providing opinions on the merits of the parties'
views, arguments, and suggestions.
 Facilitative: A facilitative mediator uses reflective listening skills and other techniques
to help others. Processes for ensuring that each participant is thoroughly heard and
comprehends the situation the viewpoints and positions of the opposing party
 Transformative: Transformative mediation helps parties go beyond their immediate
concerns, their understanding of their relationship and help them enhance it.

The parties who benefit the most from mediation are those who:
 Have enough faith in one another, the process, and the management to meet and talk
about their problems
 Are eager to collaborate in solving problems
 Think that mutually beneficial outcomes are achievable

Mediation in the workplace is applicable for the following situations:

 Job assignments
 Workflow, operational concerns, and processes
 Problems with interpersonal communication
 Conflicts of personalities
 Cultural, work-style, and value disparities

Mediation in the workplace is not suited for:

Managers should avoid mediating conflicts in which they are unable to maintain objectivity and
emotional distance.

 Discipline and grievance procedures that are progressive

 Ethical violations
  Performance difficulties where one or both parties are plainly misbehaving and corrective action
is required
 Complaints and investigations of criminal or civil misconduct, discrimination, harassment, and
workplace violence
 Instances when a party's personal, emotional, medical, or psychological issues must be kept
private

Getting the conversation started on Mediation:

Once we've identified a circumstance in which intervention is warranted, we should approach each
party personally and invite them to participate.

Example:

“Jamal, you've come to my office several times in the last few weeks, exasperated by the way you
believe Ahmad has treated you. Similar concerns have been highlighted by Ahmad. I'm sure you're both
sincere in your desire to improve your working relationship. It can be useful to sit down and discuss the
difficulties face to face. Perhaps I can assist you in finding a solution that is agreeable to both of you.
“How do you feel?”

Explaining that why the parties will benefit from meeting to support mediation. Making an invitation
rather than a mandate, and letting the parties decide whether or not to meet.

Getting the ball rolling — dealing with opposition

If a side believes that there isn't anything to mediate about:

“There isn't much to talk about.” Nothing Ali says can persuade me that his strategy will work.”
“Both you and Ali are adamant about your points of view. But I'd hate to assume that we've
ignored certain options that could help us address the situation. If I were in your shoes, I'd want
to see if my approach would succeed before investing additional time. What do you have to
lose by spending a little time discussing the subject, even if you are correct?”

If one of the parties develops personal feelings for the other

“I don't trust Ali,” says the skeptic. I don't see how getting together to talk about it is going to
help.”
“Perhaps you are correct,” I respond. But one thing is certain: things will not get any better if
we stay on our current path. We're here partly so that we can talk about these feelings and
how they've impacted your relationship. Even if nothing changes, at the very least we tried, and
it can't harm to find out.”
Preparation - setting the scene
 Schedule a time and location that will allow both parties to concentrate (i.e., no
interruptions, no need to rush, etc.)
 Arrange for a setting that provides privacy, confidentiality, and comfort.
 Arrange the room and think about the table and seating arrangements
 Examine what you already know about the situation, your role, and any concerns you
have about impartiality, as well as how you plan to resolve them.
Find a site that is away from the office or where the team gathers. This maintains privacy while
also sending a message of neutrality, as neither team has a “home court advantage.”
Commencement of the mediation
 Expressing gratitude for the parties' willingness to meet to talk about their problems
and accept responsibility for the situation
 Explaining the meeting's purpose and your participation in the process
 Explicitly describing the procedure and how you will interact with them.
 Creating a set of ground rules
Setting some basic rules
o Each party will have the opportunity to speak and believe that he or she has been
heard;
o Each party will have the opportunity to speak and believe that he or she has been
heard;
o When one party speaks, the other listens without interrupting, arguing, or reacting.
o Specific facts and behaviors will back up feelings and ideas.
o If someone becomes agitated or furious, we will take a break to give them time to cool
down and calm down.
o Unless the participants agree otherwise, all discussions are private.
o The mediator will take notes that will be kept confidential and not shared with anyone
outside the meeting.
Storytelling is a part of the mediation process that involves acquiring information
 Allow both parties undisturbed opportunity to convey their side of the tale (their
“story”) about the issue(s) at hand. Using active listening skills, restate and summarize
their tale. (It's better if you do this in front of the other person.)
 Use open-ended questions to find out about people's interests and viewpoints.
 Assist each party in articulating their story in a way that the other party can understand.
Be aware of the opposite party's actions when one party narrates her story.
Reminding him of the ground rules if he becomes reactive or interrupts, and assure him that he
will be given an opportunity to answer. Be conscious of our body language. Rolling of the eyes,
moans, and sighs, among other things.
(Step 2) Discovery of interest
{Example}
Jamal's Story: "Ahmad is often hovering around my area, peering over my shoulder and
inquiring about my work on the spreadsheets." It's obtrusive. My employment entails a variety
of tasks, including spreadsheets. I've got a lot on my plate.”
What kind of interests have been identified?
“Jamal knows I need those spreadsheets so I can finish my report before the end of the month,”
Ahmad says. I'm not sure what the problem is. I apologize if I'm bothering her, but I've
volunteered to assist her and he yells at me.”
What kind of interests have been identified?

Jamal Interest Ahmad Interest

Jamal's goals include having authority over Ahmad's Passions time pressure to finish
his work, being free of interruptions, and report, a desire for more control over tasks
feeling trusted rather than micromanaged. that affect his work, and a sense of being
acknowledged rather than disregarded

(Step 3) Putting the problem into perspective

 This entails organizing issues into a solvable problem statement based on personal
preferences.
 This helps to steer the parties away from arguing over opinions and toward a problem-
solving approach to the challenges.
 It usually takes the form of a question that the parties must respond to and is related to
their shared interests.
 It encourages the parties to consider different ideas and alternatives.

To follow example
Jamal's Story: "Ahmad is often hovering around my area, peering over my shoulder and
inquiring about my work on the spreadsheets." It's obtrusive. My employment entails a variety
of tasks, including spreadsheets. I've got a lot on my plate.”
“Jamal knows I need those spreadsheets so I can finish my report before the end of the month,”
Ahmad says. I'm not sure what the problem is. I apologize if I'm bothering him, but I've
volunteered to assist him and he yells at me.”
The main problem: How can Jamal finish the spreadsheets on time without Ahmad's
intervention or offer of assistance so that Ahmad has all he needs to finish his report?
Secondary concern: What can Jamal and Ahmad do to strengthen their working relationship
and collaborate so that the reports are completed on time?

(Step 4, 5 & 6) Alternatives and a temporary arrangement

 Encouraging parties to come up with multiple viable ideas and then evaluate them later.
 Discussing the advantages and disadvantages of each alternative using relevant
objective criteria.
 Assisting parties in fine-tuning their alternatives and determining what is and isn't
feasible.
 If required, discussing the BATNA with each side (often in separate meetings)
 Examining the ramifications and see if you can come to an agreement.
 Making a note of any tentative agreements.
Option generation as an example
Jamal: I'm thinking of allowing Ahmad to assist me with the spreadsheets. But first, I'll have to
teach them how to utilize the computer application we use. When I need to focus on the
spreadsheets, I may require Ahmad's assistance to decrease other distractions in the office. I
suppose I could also keep Ahmad up to date on my development on a weekly basis.

Ahmad: I'll make an effort to be more patient. Maybe we can break down the project so Jamal
can provide me the spreadsheets in pieces rather than all at once. Because Jamal prefers to do
the spreadsheets on his own, we could set a "drop dead" date and I'll only intervene after that
day.
Exercising option evaluation and rejection
Jamal: The spreadsheets cannot be completed in stages and must be submitted in its entirety. I
dislike the idea of a "drop dead" date since it simply allows Ahamd to "annoy" me.

Ahmad: I don't want to be trained since I don't have time to help Jamal with the spreadsheets.
Some options are rejected, while others are accepted, and interim agreements are used as
examples.
Options that were rejected: Jamal will not teach Ahmad how to use spreadsheets. There will be
no "deadline" for Caitlin to inquire about the spreadsheets.

Accepted options, interim agreements:

During the monthly time constraint when spreadsheets are required, Ahmad will assist Jamal
with assignments other than spreadsheets, allowing Jamal to concentrate on completing that
work.
(Step 7) Deal with any issues that need to be addressed further
 For more discussion: A constructive manner for Ahmad to assist Jamal that does not
make Jamal feel micromanaged or forced. A more productive working partnership.
 Encourage parties to repeat the option creation procedure they used previously. The
complexity of the difficulties, as well as the parties' ability and willingness to work
through them, will determine how often they must repeat this procedure. Celebrate the
parties' achievement in reaching temporary agreements as a sign that they will be able
to reach an agreement on all matters in the future.

(Step 8) All facts and issues are summarized in a final statement.

Continue refining the process to uncover new facts, ideas, interests, and suggestions from
which the parties can draft a statement that will serve as the foundation for a final
agreement.

{In pursuance to Jamal and Ahmad example}

 Final statement: During the time crunch when spreadsheets are due, we need to look at
Jamal's workload and find particular activities that Ahmad can accomplish. We need to
communicate more directly with one another on Jamal's work on the spreadsheet, and well
before it is due, to avoid feeling rushed. If development is slowed, Ahmad must be willing to
step in and help Jamal with his other responsibilities.

(Step 9) Confirm agreements and obligations

instead of: Say
Jamal will finish the spreadsheets in time Jamal will finish the spreadsheets by the
for Ahmad to finish his reprt fifteenth of each month, allowing Ahmad to
complete the report by the fifteenth. Each
month, Jamal will finish the spreadsheets
by the 15th of the month so that Ahmad
can finish the report by the end of the
month.
During crunch time, Ahmad will assist Jamal When Jamal has to focus on the
with a few duties. spreadsheet, Ahmad will assist him with
filing, answering phones, and greeting
customers.

Putting the Arrangement in Writing

Taking notes during all of the sessions we / you mediate, and after the parties have come to
an agreement, write it down as a formal agreement. Ascertain that the agreement is simple
to comprehend and that the activities are SMART (Specific, Measurable, Achievable,
Relevant, and Time-bound).

Check sure your language is neutral, free of jargon, and understandable to everybody to
avoid any further confusion or dispute. Reread the agreement to both parties to ensure that
they understand what is expected of them and to explain any elements that they don't
 understand or that are too broad or ambiguous. You could even want to have each
participant sign the contract. This can give the decision more weight and finality, as well as
enhance their accountability. However, mediation is intended to be a low-key procedure,
and pressing too hard might jeopardize that.

 A formalized, juridical document is not required for a final agreement.

 You may, however, decide to follow up the meeting with an memorandum outlining
the main points discussed and agreements achieved
 Before making the memorandum final, submit a draft and ask each party to examine
it and propose improvements.
 This guarantees that all parties have had their say and that you haven't misread or
misrepresented any portion of the contract.

(Step 10) Identify any outstanding difficulties and come to an agreement on how to
proceed in the meantime
 Ensure that the parties can agree on a process for reconsidering any outstanding
concerns before completing.
 Until these remaining concerns are resolved, how will they cooperate?
 When and how will the parties meet again to further discuss these issues?
 Maintain focus among the stakeholders on these issues; don't let them linger forever
due to inattention.

Separate gatherings have been convened for a specific purpose

 To talk about how to manage sensitive information.
 To assist a group in de-escalating, venting, and re-evaluating unfavorable behaviors.
 To discuss the feasibility and validity of suggestions in private.
 To reduce an aggressive party's behavior and instill confidence in less assertive parties.
 To assist parties in expressing feelings that they were unable to do so with other parties.
 In response to a party's request.
  To have a conversation with a co-mediator.
Managerial Decision-Making Options
Describe the many decision-making methods a manager could use to address inter-party
disagreement, such as
 Decision-making in collaboration
 Decision-making through consultation
 Decision-making through directive
The Using of the aforementioned processes will resolve conflict situations as needed

Management that is participative

Employees should be able to participate in choices that impact them, because the process
employs the expertise and problem-solving abilities of many rather than a few or simply one,
the likelihood of a high-quality decision is increased.

Assists the management in developing the decision-making and problem-solving abilities of his
or her staff. When people are involved in the decision-making process, they are more likely to
believe in it and put it into action.

Choices for determining decisions

Participative management isn't acceptable in every circumstance.

The method we employ to make decisions is determined by the level of power we want to
share with people we supervise.

1. Making decisions based on directives: Make the decision on ourr own, with little or no help
from others.

2. Consultative decision-making: Make our own choice after soliciting feedback from others and
carefully examining their thoughts and ideas.

3. Participate equally in the decision-making process, with no one having more input or
influence than the others.
4. Delegation: Delegate decision-making power and responsibility to others while defining the
extent to which we expect them to consult us and obtain our prior permission before making
and implementing a final decision

Variables to consider while selecting which method to utilize

1. What is the significance of this choice in terms of overall operations?
2. How essential is it for people who will be affected or expected to implement the
decision to accept it?
3. What function does time play in the decision-making process?
4. Do workers share the values and goals of their boss and the company?

Decision-making in collaboration
 When a manager wants to keep some control over a decision while still sharing the
process with others who will be affected.
 The manager participates in the decision-making process rather than overseeing it. He
or she has a voice that is equal to all others, not superior.
 When a management truly wants/needs others' buy-in to implement a decision, this
phrase is used.
 The manager must think that people engaged in the choice are mature, that they share
his or her aims, and that they will offer feedback that will lead to a creative and
successful conclusion.
 When there is enough time to work through the difficulties and the choice will have a
big influence on the group, this is the best option.

Obtaining Consensus

Consensus is when all members of a group or stakeholders agree on something.

When a rapid decision is required, insisting on perfect unanimity may be detrimental.

Instead of consensus decision making, in which everyone in the group seeks consensus among
the members, there is modified consensus decision making, in which the group seeks but does
not need agreement from all participants.

Where the decision has been reached by consensus, those persons who do not agree with it are
identified, and their points of view are accommodated to the maximum extent possible.

First, get everyone's attention on the problem and establish a problem statement

Identify the problem that needs to be solved: make the problem statement into a question that
points to the problem Example:

 Before discussing interests of the first party, please explain how our call
center personnel can offer 24-hour response time guarantees to address the
demands of our customers.
 Other party's interests: While assuring that our service personnel has enough
time to diagnose and solve the problems correctly the first time, do we
provide services in a timely manner?

1. Ensure that everyone is given a chance to voice their opinions

2. Ideate as many solutions as possible
3. Focus the list of options on those which are most likely to solve the problem
The selection of a solution must:
a. In order to solve the problem, do so.
b. Do your part in executing the solution to meet the requirements of everyone
concerned.
c. Don't create an issue for yourself or for the company.

4. Choose a solution
Picking from among the remaining alternatives becomes significantly easier by voting on them.
Specify if simple (51%) or super majority (66%, 75%) is preferable voting method
Alternatively, make it impossible to change the final selection.
 “Will you be able to tolerate this choice?”
  Would you agree to this proposal inside the group?
 Will you support this choice even if you're not part of the group?

You may either inquire whether anybody has any doubts about this choice, or you can simply say, “Is
there anyone who feels hesitant about this decision?

The ways in which to handle disagreement

 Dissenter can concede to “lay down his arms”

 Go ahead and work with dissenting groups until you've reached an absolute consensus.
 Temporarily suspend any decisions until the group can reassemble
 Override the dissenting opinion and carry out the resolution

Construct a workable implementation plan

5. To make sure implementation stays on track, utilize project management approaches. Do

not be hesitant to modify the solution approach if some elements of the solution do not seem to
be functioning.

6. Let it be an occasion for celebration when the problem is solved

7. If we would want to use neutral-facilitated (third party) agreement-building
procedures, we should consider neutral-facilitated consensus building.
8. An outside facilitator or another management with no direct responsibility over the
parties may be brought in to assist. If you select this option, it will ensure a fair
process and help eliminate any concerns that you are unduly influencing the
process.
Making Decisions in Consultation
 When a manager wants to welcome feedback from others yet wants to be the final decision
maker.
 Means that the management hasn't made up his mind yet and is open to recommendations
from others in order to make the best option possible.
 Acting otherwise—seeking feedback after a choice has been made—results in directive
decision-making disguised as consultation and jeopardizes the trust of employees.
 Even if the final choice does not entirely reflect their input, participants must think that their
opinions have been taken into account and that they have had a role in the decision-making
process.
When the boss desires more involvement and input, consultative decisions are made
 Involve the group in issue solving to assist you in making a choice that will fulfill the group's
needs and goals. Consider the perspectives of those who voice opposing viewpoints and try to
resolve disagreements.
 When a general consensus develops, describe your understanding of the group's
recommendations.
 Inform the group of the choice you are leaning toward that is both acceptable to you and looks
to be the most consistent with the group's overall intent.
 Explain your reasoning for making the choice, including how you feel it fulfills the specified
interests or why you believe the conclusion is sound even if it does not satisfy all of them.
 Inquire of each member whether or not he or she can support the choice.
 Implement the choice after receiving the support of all or the majority of the group members.

When the management wants LESS involvement and input, consultative decisions are made.

 If you have a strong opinion on how to continue on a particular problem, share it with the
group, but encourage them to question you to ensure the choice is solid or to persuade you that
it is not.
 If you don't have a clear path yet, discuss your ideas and ask staff for suggestions on how you
should proceed.
 Have the group brainstorm ideas and alternatives to come up with a variety of possibilities.
Choose your favorites and ignore the others.
 Request that workers consider the remaining options. Invite the group to share their concerns
and/or suggestions for improving any option you're considering.
 Allow the group to make changes to the proposed decision until you are happy that it is the best
option.
 Carry out the choice with the awareness that it may or may not be the preferred option for all
members of the group.

How much input and involvement should a manager allow?

Factors like these will impact how much involvement and feedback you allow:
 How critical it is to make a timely choice
  The amount of group buy-in you'll need to effectively execute the choice
 The level of agreement or conflict you'll encounter from the group on the topic
 Employees' degree of comfort with management decisions made without their full participation
and input

Sincerely Yours

Khyber Massoudy
References:
1

https://slideplayer.com/slide/12006144/
2
https://www.hrmonline.com.au/section/featured/how-to-mediate-workplace-conflict/
3
https://www.mindtools.com/pages/article/mediation.htm
4
http://nanomatch.ir/article/%DA%86%DA%AF%D9%88%D9%86%D9%87-
%D8%A7%D8%B2-%D8%A8%D8%B1%D9%88%D8%B2-%D8%A7%D8%AE
%D8%AA%D9%84%D8%A7%D9%81%D8%A7%D8%AA-%D8%A8%DB%8C
%D9%86-%D8%A7%D8%B9%D8%B6%D8%A7%DB%8C-%D8%AA%DB%8C
%D9%85-%D8%AC%D9%84%D9%88%DA%AF%DB%8C%D8%B1%DB%8C-%DA
%A9%D9%86%DB%8C%D9%85%D8%9F/
5
Wehr, P., & Lederach, J. P. (1991). Mediating Conflict in Central America. Journal of
Peace Research, 28(1), 85–98. doi:10.1177/0022343391028001009 
6
Bergmann, J., & Niemann, A. (2015). Mediating International Conflicts: The European
Union as an Effective Peacemaker? JCMS: Journal of Common Market Studies, 53(5),
957–975. doi:10.1111/jcms.12254