Workplace Mediation CMC Conference 2015 Clive Lewis OBE DL

Transcription

1 Workplace Mediation CMC Conference 2015 Clive Lewis OBE DL

2 The Stages of the Mediation Process 1 Problem identification 4 Pre mediation discussions 2 Agreement to mediate 5 Joint mediation session 3 Commissioning day follow up

3 Workplace + Employment Mediation Workplace Mediation Parties generally attend without representation Commissioned by in-house HR * Focus on relationship building High emphasis on joint meetings Interest in organisation change Interest in making the agreement stick Navigation of organisational politics Employment Mediation Parties are usually represented Commissioned by lawyers Focus on saving face High emphasis on separate meetings Focus on securing a deal i.e. financial settlement, reference, apology, damage limitation to reputation Focus on interpretation of law

4 How Mediation fits with Other Processes If mediation is successful, it cancels out the grievance route. Grievance process Both processes can run in tandem Mediation process 4 Globis Ltd

5 Mediation Principles Elements of conflict Physical Mental Emotional 2 + Point of difference Anger, fear, shame etc Rights, litigation, grievance process Globis Ltd Mediation 5

6 Workplace Mediation Team and multi-party Mediation

7 Business Psychology Perception & Personal Reality Teamship Conflict Resolution Decision Making Competence Personal behavioural preferences Identification of perception and biases Personal behavioural preferences Synergistic integration of Types Behavioural preferences Synergy Resolution of differences Behavioural preferences Synergy Resolution of differences Utilisation of different views Behavioural preferences Synergy Resolution of differences Utilisation of different views Recognition of different skills and behaviours

8 Introverts Some typical attributes of introverts for example are that they are characterised by: Being hard to get to know Not showing feelings to others Keeping others at a distance Waiting for others to lead Holding back opinions Pessimistic Lacking the talent to influence others Being a bit of a loner

9 Extroverts Extroverts on the other hand are characterised by: Making friends easily Showing feelings Getting caught up in the excitement Having a strong personality Influencing others Good leadership skills Being enthusiastic and energetic

10 Jungian Quadrants Introverted Thinking Cautious Precise Deliberate Questioning Formal Competitive Demanding Determined Strong-Willed Purposeful Extraverted Thinking Introverted Feeling Caring Encouraging Sharing Patient Relaxed Sociable Dynamic Demonstrative Enthusiastic Persuasive Extraverted Feeling Intra verte d

11 Team Noise Introverted Thinking Lack of information and logic Poor quality work Time wasted Task rushed Distraction Lack of focus Indecisiveness Dragging heels/slow Incompetence Misses the point Extraverted Thinking Unfair or impersonal treatment Violation of values Sudden change Interruptions or Introverted time Feeling pressure Intra verte d Restriction of flexibility No interaction/fun Personal rejection Slow methodical pace Misses the bigger picture Extraverted Feeling

12 High focus on own agenda Relationship and Own Agenda Low focus on relationship DIRECTING COMPRISING COOPERATING High focus on relationship When we put these two factors together, we get five different styles of responding to conflict. AVOIDING HARMONISING Each has: a special focus a unique set of strengths and weaknesses Ron Kraybill 2011 Low focus on own agenda Conflict Styles Inventory

13 We re doing it my way Let s just get the job done. (and worry about the relationship later) DIRECTING Focus on own agenda: high Focus on relationship: low I win/you lose How? Assert, control, compete. Insist, demand, defeat. Ron Kraybill 2011

14 HARMONISING Focus on own agenda: low Focus on relationship: high I lose/you win How? Agree, go along, give in, affirm Sure, I m flexible whatever you re happy with is fine with me Ron Kraybill 2011

15 AVOIDING Focus on own agenda: low Focus on relationship: low I lose/you lose How? Withdraw, remain silent, walk away, postpone Let me out of here I don t want to talk about it Conflict? What conflict? Ron Kraybill 2011

16 COOPERATING Focus on own agenda: high Focus on relationship: high I win/you win How? Dialogue, agree to talk things through, assert self and support others Let s talk this through My preference is And I want to hear and understand yours Ron Kraybill 2011

17 If we each back off and accept half of what we want, we can get an agreement and move on COMPROMISING Focus on own agenda: medium Focus on relationship: medium We both win some/we both lose some How? Bargain, strike a deal, find a little something for everyone Ron Kraybill 2011

18 Team and Multi-Party Mediation The commissioning Individual pre-mediation meetings with each party Get the parties to a joint meeting Identify the options Reality test Draw up a plan Get commitment

19 Organisational Diagnosis Organisational diagnosis is the critical first step in planning change interventions (Burke, 1994; Spector, 2007) Organisational diagnosis also plays a role in influencing readiness-to-change within organisations (Armenakis et al 1993; 2007; Armenakis and Harris, 2009) OD practitioners for the most part are carrying out piecemeal activities using OD techniques and tools but are not involved in a system-wide change effort (Burke and Bradford, 2005)

20 Components of the diagnostic process Subsequent Effects Symptom(s) Linked to Cause(s) Treated by Intervention(s) Subsequent Effects (JM McFillen et al)

21 Medicine Research Evidence-based diagnostics takes time and requires four conditions: An understanding of the casual relationships among symptoms, causes and solutions must develop The knowledge of symptoms, systems, standards and solutions must grow and become integrated Researchers and practitioners must collaborate to establish evidencebased practice A systematic process for disseminating relevant knowledge through formal education must be established

22 Model of the medical diagnostic process Knowledge of Pathologies Knowledge of Diagnostic Protocols Data Collection Data Interpretation Differential Diagnosis Formation & Prioritisation Diagnosis Tests Final Diagnosis Iterative Review and Revision Process (JM McFillen et al)

23 Model of the engineering diagnostic process Problem-state Knowledge Conceptual Knowledge Operational & Procedural Knowledge Data Collection Causal Inference Development Hypothesis Formation Hypothesis Testing Diagnosis Confirmation Feedback (JM McFillen et al)

24 Model of the mediation-based diagnostic process Knowledge of Symptoms e.g. Staff Sickness Knowledge of Systems e.g. Absence policy Knowledge of Solutions e.g. Difficult Conversations Training Mediation Data Collection Mediation Data Interpretation Preliminary Diagnoses Testing Preliminary Diagnoses Final Diagnosis Knowledge of Standards e.g. Industry absence levels (Clive Lewis)