Mediation and Conflict Management:590786

Question:

Discuss the Mediation and Conflict Management.

Answer:

Introduction

It’s important to have emotional management for the interpersonal and intrapersonal extent, for the mediation purpose. It is important to keep in mind that conflicting parties don’t only have emotions but mediators also (Alternatives to the high cost of litigation, 2004). Out of the commonly known sentiments, usually expressed in medication experiences are fear, sadness and anger. Generally it is strong anger which leads to a need for medication. Strong emotions generally lead to absurd attitude (Adler, Rosen and Silverstein, 1998). The mediators face challenges of getting a capability of tolerating strong emotional terms and the impulsiveness that comes along with them. They have to deal with the emotional terms of parties and also help to control their own emotions. As per David A. Hoodman, “mediators can’t prevent getting sentimental towards the parties, however they have to ensure that these reactions to not make them bias” (Bowling and Hoffman, 2003).

Identify and describe what was causing this conflict and how this conflict was manifested

The conflicts at the workplace usually have differences of opinion, approach, style our attitudes that are not easy to be resolved. This can make the employees and environment upset and can cause disputes. The conflict occurred between co-workers (sales representatives) at the workplace, it was due to their difference of opinion and inability to manage anger (“The Significance of Emotional Engagement in Conflict Management”, 2017). As the two parties couldn’t negotiate mutually therefore it was important to get a mediator for facilitating this negotiation procedure. Mediation can be explained as the involvement in a model conciliation or dispute of fan suitable third party who has restricted or no commanding power to make decision. However he helps the disputing parties in willingly coming to a mutually suitable resolution of concerns in the conflict.  As per this definition, mediators have lots of roles and might get into conflict at various levels of advancement or force.

Explain how the mediation approach/model used was effective and why another conflict management approach might have been more effective

The social network mediator was applied, as these mediators are generally the respected people of the society who have active relation with both the parties. Therefore there was a person chosen as a mediator who was working in the same workplace and was having a good rapport with both the sales reps. Social network mediators are usually worried about maintenance of stable long-run social relationships.  Usually these mediators keep engrossed with both the parties after making negotiations also and our participants in implementation of agreements. In this case the social network mediator had been capable of drawing on a pressure of   peer group and society for enforcing the agreement among both the sales representatives (Lewicki, Saunders & Minton, 2012).

Another conflict management approach that might have been utilised was authoritative mediating (Wood, 2017). This mediator of people who have some authority over the conflicting parties, like the director or manager. There are many differences among these mediators and they have to be non-bias to the outcome. These mediators are more effective because they are capable of using their power for enforcement of the agreements like the director or manager. There are many differences among these mediators and they have to be non bias to the outcome. These mediators are more effective because they are capable of using their power for enforcement of the agreements.

There are also independent mediators who are usually known because of their neutral and impartial behaviour. They are not linked with the parties in any manner and are employed by the joint consent of both the parties. The independent mediators are there for helping these parties in development of Deliberate, mutually accepted resolutions (Wood, 2017). But these won’t be useful in this case because of workplace related conflict, it is better that no person from outside gets involved in the issue.

Describe three mediation techniques that were used effectively in this session

  • Coercion: Leaders have authority to penalize and reward. In this case, the sales manager got exhausted of the sales reps’ continuous squabbling on the poaching issue of each other’s client, and he had threatened these s to remove major accounts from both if they can’t come to a resolution. However it was cautiously performed by the sales manager because one can not to be excessively careless with coercion strategy.
  • Expertise: regularly, the team members carry their disagreements to their supervisors since they anticipate them to apply expert knowledge to an issue. The professional smarts had to be made applicable to persuade both the sales s. though in a few cases the disputants might be rude towards the manager/ mediator’s suggestions if they notice his proficiency to be no superior to theirs (Mesquita & Boiger, 2014).
  • Coalitions and networks: Sometimes it is important to get outside assistance for effective resolution of the dispute. Through creationof coalitions and capitalisation of active social networks, one can get support for the recommendation.  For example, as the manager in this case is comparatively new to the firm, the manager had asked a senior team member who had worked closely with even one of those two conflicting sales wraps so that the resolution could be there. The mediators who are capable of developing and emotionally engaged relation with the customers and usually who encouraged engagement among the  people who are disputing, will be useful for finding a successful way out to the issues .  The mediator, counsellor, facilitator or coach acts as an emotional engineer who shows the procedure of identification of emotional triggers and also how these can be utilised in constructive manner.  The emotional engagement would be useful for reduction in stressful emotions and would help in raising a feeling of dependability, awareness, dedication and optimism. The issue deserving procedure is effective when it moves from automatic self defence to Mutual Corporation. Hope creative approach to manage the conflicts helps in shifting the dynamics from “me in opposition to you “to “we in opposition to the issue”.  Inability to set up engagement might lead to interactions that are led by “each person for himself “and motivates the continuance of a competitive position (Harroff, 2011).

Recommend three other mediation techniques that could have been used to resolve this dispute and explain why would be effective

There could be other mediation techniques utilised in this scenario for resolution of this dispute and these could have been effective. The three of them have been explained as below:

  • Facilitative mediation: it is the basic take me where the mediator facilitates the negotiation among conflicting parties so that a long lasting harmony can be achieved. In this technique, the mediator enquires, reviews positions and usually help the two parties in resolving the issue as further information accessible (Cai, Feng, Jiang & Li, 2017). He is the leader of this procedure however the parties are accountable for coming to an agreement with the assistance of the mediator.
  • Evaluative mediation: in this approach the mediator has a bigger role because he did to mine is the result of the mediation process and the main aim is to come to an immediate agreement.  The mediator might provide with suggestions to both the parties and in this technique the evaluation of legal position of what the parties is basis of the process
  • Transformative mediation: it is quite a decent take me which is founded on the idea that the relation among two parties might get changed in the course of mediation. Just like facilitative mediation, this technique also allows the party to decide the kinds of resolution they want how are ever in this approach they are also allowed to make arrangement of the mediation procedure.

These three key approaches to mediation are suitable and each one of them has its own benefits and pitfalls. The facilitative and transformative medication techniques can be utilised for assisting both the sales representatives to take responsibility for settling of dispute, where as evaluated mediation would be useful for understanding their own legal situation. Therefore it is expected that a combination of the styles would have been applied as per their approach of mediator and the parties involved in it.

Describe briefly how this conflict has helped you understand your own past experiences with conflict and how you can use this new knowledge to make you into a better mediator.

Also as per the past experiences, there have to be the mediation procedure with the features stated underneath:

  • Assertiveness: The supervisor gets knowledge of taking initiativeto set up a meeting among these two sales wraps who have been involved in the conflict. There has been knowledge of seeking help from anybody for getting suggestions of working together so that both the sales wraps can work together in harmony.
  • Empathy: It provides with understandingthe conflict in a better way and empathising the sales representatives so that they can describe their feelings. With this experience one can see how the situation looks from others’ point of view (Ju-eun & Sang-soo, 2017).  Empathy is in significant capability for mediators so that one can know about the perspective of both the parties without essentially agreeing with either.
  • Facilitation: This has helped in understanding the room facilitation techniques which can also be utilisedfor avoiding conflicts through group decisions. This can be done by facilitating a mutual brainstorming activity of both the parties so that resolution can be found for the issues.

Conclusion

Mediation is an international procedure where in an unwise individual, known as the mediator, assists in communicating and reconciling among the parties so that a mutually acceptable agreement can be attained.  Generally when the negotiation becomes ineffective then the subsequent phase is of mediation. The mediator handles the procedure and assistance in facilitating negotiation among the conflicting parties (Mayer, 2013).  A mediator is not a decision maker and also he cannot enforce any agreement. He makes both the parties to participate and tries to bring them to settlement.

Many writers in the area of conflict resolution state that emotions from a complex arrangement are important for the conflicts. These emotions lead to conflict and are also generated out of conflicts. These emotions have a major role in the conflict resolution.  The emotions cannot be avoided and are caused due to various factors (Coleman, 2011). The conflicts usually turn into and changing and inflexible models which resist any amendment. This rigidity and inflexibility brings opportunities and challenges in mediation. By understanding the emotions rightly, better understanding of conflict management can be there.

 

References

Adler, R., Rosen, B., & Silverstein, E. (1998). Journal for mediation. Negotiation Journal, 14(2), 161-179.

Alternatives to the high cost of litigation. (2004). Hoboken, NJ.

Cai, J., Feng, T., Jiang, W., & Li, J. (2017). Is Customer Orientation of Employees Sustainable? A Moderated Mediation Analysis. Sustainability, 9(7), 1211.

Coleman, D. (2011). Collaboration and conflict in international ecological research. Frontiers In Ecology And The Environment, 9(7), 414-415.

Harroff, L. (2011). International Mediation as a Rhetorical Situation: Connecting Context, Actors, and Strategy for Mediation Success. The Eagle Feather.

Ju-eun, C., & Sang-soo, C. (2017). The Moderated Mediation Effect of Work-Value among the Personality and Organizational Commitment in Airline Employees. Asia-Pacific Journal Of Psychology And Counseling, 1(1), 1-8.

Lewicki, R., Saunders, D., & Minton, J. (2012). Negotiation. Boston: Irwin/McGraw-Hill.

Mayer, B. (2013). Mediation: 50 Years of Creative Conflict. Family Court Review, 51(1), 34-41.

Mesquita, B., & Boiger, M. (2014). Emotions in Context: A Sociodynamic Model of Emotions. Emotion Review, 6(4), 298-302.

Negotiation Journal: On the Process of Dispute Settlement. (2003). Negotiation Journal, 19(1), 2-3.

The Significance of Emotional Engagement in Conflict Management. (2017). Mediate.com. Retrieved 14 July 2017, from https://www.mediate.com/articles/eilermanD10.cfm

Wood, J. (2017). The Mediation Process: Practical Strategies for Resolving Conflict (4th edition) Christopher W. Moore (Jossey-Bass, 2014). Mediation Theory And Practice, 2(1), 84-88.