****Professionals Only****Mediation Experience

I need assistance with writing a Mediation outline for a mock mediation I have to present on employee conflict

Conflicts at the workplace are inevitable as some personalities clash. A personality clash in the workplace is often ignited by a perception of another person’s character and motives or emotions. In this case study, we review a conflict between a newly employed CEO to a company and the senior manager.

Before the arrival of Mr. John Ford as the CEO, Mr. Jose Champ was the senior manager and was in charge of administration and overall performance of the company. The Board of Management felt that Champ was being overworked and thus the need to recruit a CEO to help in the running of the firm. The Board had also realized a drop in the company performance thus the need for a CEO. The Board suggested a change in the senior management structure. The CEO, Mr. John Ford was selected through a competitive interview and was supposed to take over the leadership of the firm after some guidance by Mr. Champ.

The conflict between the two was negatively impacting their relationship, and they could not steer the company to its goals as was expected. The trust between was fast breaking down. The deteriorating relationship between the two was having an impact on the other employees.

For instance, Mr. Champ was used to issuing instructions to the subordinate staff and heading various departments. Since the arrival of Mr. Ford, he felt that he should be consulted before any such instructions are given. Departmental heads were also not sure to whom to report to when an issue arose. Ford felt that he was in the best situation to handle such situations as he was the CEO.

Their conflicting personalities become evident from the first day. Mr. Champ felt that his role and his status was being diminished. He also felt that he was more qualified and that the board should have promoted him to the CEO position instead of hiring someone from outside the organization. Champ felt that he could no longer steer the teams below him as he used to and that the success of the company would no longer be associated with his input and thus wouldn’t be recognized.

Champ was also unhappy with Ford’s style of leadership and character. He felt that he was authoritative, proud and did not consult when making his decisions. This gave the impression that his opinions to major decisions such as promotions and demotions of employees weren’t important any longer. He also felt that the CEO was proud and did not address him with respect in front of the other employees.

The CEO, on the other hand, felt that it was an opportunity to put his vast skills and experience to use. Mr. Ford, on the other hand, felt that since the company had hired his services, he should be fully responsible and he should not consult the senior manager in any if his decisions. He felt that the position of the senior manager should no longer exist as it led to the conflicting roles. Ford was sometimes discouraged when he issued instructions to department head inquiring on various issues only to find that Champ had issued different instructions. Champ’s attitude did also not impress Ford. He felt that Champ was jealous of his promotion and that he was unresponsive to change in that he still wanted to be held with respect by the other employees even though he was no longer the overall company head.

A good thing to note is that each of the parties had hidden interests that inflated the conflict. The CEO felt that his growth ambitions in the company were limited as long as the senior manager was still serving. He wanted to have an opportunity to fully be in charge of all the dealings in the company. Ford wanted Champ to recognize him as the head and respect the decisions he made in the company.

On the other hand, Champ, the senior manager felt that his dedication to the company had not been recognized by the Board and thus felt unappreciated. He felt that the Board should have considered him while recruiting the CEO as he felt he was the best suited. Also, during the recruitment process, he has made it clear to the Board that Ford wasn’t the best to work with but the Board went ahead and recruited him. Ford also felt that he could no longer get the respect he used to be accorded by the employees and staff as it was initially.

In conclusion, it is evident that mediation is inevitable to solve the conflict between Ford and Champ to ensure that they have a good relationship. The mediation will also try to look into the underlying issues that led to the conflict. Mediation will also ensure that the performance of the company is not interfered with.

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>Pro

b

lemSolving Me

d

i

a

tion Evaluation Form

Mediator: ________________________ Re

c

order: ________________________

1

00 Total Possible Points

3

>Problem-Solving Method of Mediation Grading Rubric

The problem-solving method below is found on pp.

6

8

-6

9

of Moore (

20

03). Stages 1-

5

deal with steps that prepare mediators and disputants for the eventual mediation process. Stage 6 begins the mediation process.

Stage 1: Establishing Relationship with the Disputing parties

Stage 2: Selecting a Strategy to guide Mediation

Stage 3: Collecting and Analyzing Background Information

Stage

4

: Designing a detailed Plan for Mediation

Stage 5: Building Trust and Cooperation

I. Introduction: Stage 6: Beginning the Mediation Session (

18

pts)

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								1	Introduction of the mediators (establish credibility) and parties							____/2
								2	Gain commitment from parties to participate																																																													____/1
								3	Definition of mediation (informal, self-determination, collaboration, control, etc.) in alignment with the problem solving model
					4	Educate parties about the mediation process; role of mediation and mediator’s role
				5	Uses a metaphor for describing what mediation is in problem solving approach
			6	Explain the benefits of mediation in terms problem solving mediation
			7	Develops rapport/credibility with the parties
		8	Statement of impartiality and neutrality (avoids authoritative stance)
	9	Description of the proposed mediation procedures
		10	Explanation of the concept of the caucus (use the word separate session instead of caucus)
	11	Definition of the parameters of confidentiality (except where disclosure is required by law-which involves child and adult abuse issues). Also, parties are allowed to seek legal advice.
	12	Description of logistics, scheduling and length of meetings (agenda)
	13	Suggestions for behavioral guidelines or ground rules
	14	Answers to questions posed by the parties
	15	Securing a joint commitment to begin
	16	Preview the session: what should parties expect will happen
Total points Earned	______/18

II.

Body:

A. Stage 7: Defining issues and setting an agenda & identifying global needs (8 pts)

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2

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3

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4

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5

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6

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7

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8

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Ask permission to take notes
Identify the true interests that must be satisfied in a potential settlement
Asks open-ended questions; reframes when necessary
Clarifies issues and interest are most important to work on
Identify key people involved in dispute
Determine the sequence for handling the issues
Ask parties to generate shared needs (global needs)
Establish common ground in parties
						Total Points Earned	_____/8

B. Stage 8: Uncovering hidden interests of the disputing (5 pts)

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2

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3

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4

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5

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Total Points Earned

Engaged in interest-oriented discussion for each individual party

Use brainstorming to uncover hidden interest

Restate each party’s interests and get confirmation that you are correct

Public restate the interests of both parties n a joint-problem statement

Asks the parties of the description of the parties’ interests are accurate; restate until mutually acceptable.

_ ____/5

C. Stage 9: Generating options for settlement (3 pts)

1

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2

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3

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Total Points Earned

Help parties generate several options

Identified and shared possible outcomes with parties

Used appropriate interventions (alternation, integrative interest-based solutions, log rolling, etc.)

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D. Stage 10: Assessing options for settlement (4 pts)

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2

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3

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4

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Clarify with parties that options are do-able
Clarify options are substantive (they define specific exchanges)
Assess the costs and benefits of selecting options with parties
Encourage positive settlement ranges
Total Points Earned	_ ____/4

E. Stage 11: Final bargaining

(6 pts)

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2

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3

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Total Points Earned

Incorporate deadlines in final agreement if necessary

Discuss consequences of not meeting deadlines

Schedule follow-up (if necessary)

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III. Conclusion: Stage 12 Achieving formal settlement (7pts)

1

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2

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3

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4

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5

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6

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7

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Total Points Earned

Reviews the agreement terms appropriately and accurately

Identify procedural steps to operationalize the agreement

Establish an evaluation and monitoring procedure

Formalize the settlement and create an enforcement and commitment mechanism

Reviews confidentiality of the session

Commends participants for their participation

Congratulates parties for their progress or settlement

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VII. DELIVERY AND MEMORY LOG (

19

points)

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2

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3

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8

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11

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12

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13

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15

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16

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Total Points Earned

Cultural sensitivity
Direct and shared eye-contact to both parties
Effective gesturing
Avoids reading or too much note taking
Effective vocalics: articulation, volume, rate, projection
Effective kinesics: posture, movement
Composure during emotional times
Uses appropriate humor
Establishes credibility
Maintains rapport with parties during the session
Expresses sincerity, confidence, and dynamism
Demonstrates appropriate facial expressions
Uses parties’ names (generally first name unless parties desire otherwise: need to ask at the beginning of the session)
Effectively displays memory log of the session
Writes appropriate memory log for Section II, Stage 7
Writes appropriate memory log for Section II Stage 8
17	Writes appropriate memory log for Section II Stage 9
18	Writes appropriate memory log for Section II Stage 10
19	Writes appropriate memory log for Section II Stage 11
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TOTAL POSSIBLE POINTS

FOR MEDIATION SESSION

70

POINTS

TOTAL POINTS EARNED FOR MEDIATION SESSION ______/70

VIII. Outline (20 points)

Outline should follow the format above and labeled with Roman numerals:

____/4

Total Points Earned

	a	I. Introduction: Beginning the Mediation Session		____/4
	b	Body: A. Defining issues and setting an agenda & identifying global needs B. Uncovering hidden interests of the disputing C. Generating options for settlement D. Assessing options for settlement E. Stage 11: Final bargaining	____/12
	c	Conclusion: Achieving formal settlement
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Case Study (10 points)

a

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b

c

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Is case study real and current; and APA citation style use?
Contain information on background, history, issues, situation, context, communication, etc.	____/5
Have two parties
d	Does the case study contain a detail of hidden interests of parties?
Total Points Earned	_____/10

SUMMARY

1

2

3

10

	SECTION	TOTAL POSSIBLE POINTS	TOTAL EARNED POINTS
MEDIATION	70	_____________/70
OUTLINE	20	_____________/20
CASE STUDY	_____________/10
TOTAL POINTS EARNED	________________/100

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