WCN Clinical Directors Toolkit
Mediation
Mediation is nothing more than facilitated negotiations between two or more parties. This is different from Arbitration where a neutral third party makes a decision for you after hearing each parties’ concerns. Litigation is basically allowing a Judge to make a decision often involving costly legal representation by an attorney.
Mediation is accomplished by disassociating the conflict, or rather the reason for it, or the problems created by it, from the parties involved. A neutral mediator will allow each party to be heard and understood ensuring that the concerns or reasons for the conflict are identified. Once this is done the conflict can be realized as a separate entity that the parties then work together to overcome. The solutions offered up are the parties own and therefore realize a much greater chance of success. The mediator guides the parties through this process ensuring equal opportunities to address their concerns as well as providing a safe setting for these interactions to take place.
Mediator Checklist
Stage 1 – Introduce The Process
Set the tone
Describe 5 stages, mediator role
Establish confidentiality
Protocol: Participant roles, ground rules, time limits
Parties’ authority (Is there anyone else you need to check with in order to come to an agreement?)
Transition (Are you ready to proceed?)
Stage 2 – Identify The Issues
Opening Statement (What are you here to resolve today? Who would like to begin?)
Avoid in-depth discussion – manage process
Identify the problem – reframe to neutral issue (So you are here to talk about ______?)
Confirm 1-2 issues (Do these items capture what you are here to talk about today?)
Write 1-2 issues on flip chart (Ask once more if this is what they are here to talk about.)
Prioritize issues (Where would you like to begin?)
Remind parties that issues can be added
Process (stay on)
Content (stay impartial)
Emotion (empathize)
Stage 3 – Explore The Interests
Invite the parties to speak to each other (Tell each other what it is about the issue that is important for you)
One issue at a time
Bring conversation back to what is important to each of them (probe, using open ended questions)
Support conciliatory gestures (say more about that…)
Postpone solutions, identify new issues
Identify, summarize, and post on flip chart (2 unique for each, 2 common)
Summary goal statement (Given that you both value…)
Process (stay on)
Content (stay impartial)
Emotion (acknowledge and empathize)
Stage 4 – Generate Options
Restate summary goal statement
Describe Brainstorming – write all options on flip chart in scattered bubbles
Check options against interests and issues (How well will these options cover these interests)
Check for feasibility (How feasible or doable are these options?)
What other options would you like to consider?
Process (stay on)
Content (stay impartial)
Emotion (empathize)
Stage 5 – Reach Agreement
Now that the parties have identified some options that are feasible and that meet their interests, the mediator acts as a scribe and writes the details of what the two have agreed to do or what they will each do to resolve the issue.
Write a Memorandum of Understanding
Include behaviorally specific items (Who will do what, by when, how, and where?)
Check for feasibility (Is that doable?)
Reread what is written for clarity.
Ask: What if this doesn’t work?
Process (stay on)
Content (stay impartial)
Emotion (empathize)
Sample Workplace Issues
Communication
Productivity
Leadership
Job Duties
Reasonable Accommodation
Work Processes
Job Responsibilities
Change
Organizational Stability
Working Relationship
Management Style
Scheduling
Work Procedures
Sample Workplace Interests
Accountability
Respect
Stability
Autonomy
Equality
Compliance
Competence
Cooperation
Work Processes
Trust
Positive Work Environment
Job Security
Success
Consistency
Consideration of Others
Communications
Role Clarification
Job Satisfaction