Reference no: EM133784505

Assessment - The Essentials of Workplace Mediation

Learning outcome 1: Evaluate own self-awareness by reflecting on own personal response to conflict, both as a third party and as a participant.

Learning outcome 2: Explain a personal process for on-going learning that uses current support mechanisms available to workplace mediators in terms of supervision from managers, peers and/or external organisations.

Learning outcome 3: Identify and assess the causes, behaviours and consequences of conflict within organisations.

Learning outcome 4: Apply your analysis of conflict escalation to a workplace situation.

3.1

Critically assess the importance of each of the core principles of mediation:
Confidentiality
Voluntary
Self-determination
Non-Judgemental approach
Impartiality

4.1 Explain the key stages which the Facilitate, Appreciate, Innovate, Resolve (FAIR) mediation model delivers, including:
Pre-mediation planning
Individual meetings
Joint meeting
Evaluation and follow-up

4.2 Explain the skills necessary to support each stage of FAIR mediation model.
4.3 Assess the application of the FAIR mediation model in practice.
4.4 Explain how to manage and overcome blocks and barriers to the mediation process, including prejudice.

Understand the communication skills necessary for mediation.

Understand the communication skills necessary for mediation. 5.1 Explain how reframing and non-violent communication relate to the mediation process.
5.2 Explain the role of active listening and empathy in the mediation process, both in terms of the mediators' empathy towards the parties and the creation of empathy between parties.
5.3 Explain the benefits of co-mediation compared with working alone.

Understand the difference between positions, interests and needs, and how they relate to mediation. 6.1 Explain what is meant by needs.
6.2 Assess the difference between positions, interests and needs.
6.3 Explain how the mediator can assist the parties to move from their starting positions towards their underlying needs.

Understand the core elements of problem-solving for workplace mediators. 7.1 Analyse the key elements of effective problem-solving and consensus building.
7.2 Explain Specific, Measurable, Achievable, Realistic, Time-bound (SMART) action planning.
7.3 Explain the core elements of a final agreement/action plan.

Activity 1: Myself and conflict
For this activity, you are asked to explain how you react when you are involved in conflict as a participant and as someone who has been asked to intervene. Please draw upon your own experiences and feelings as well as the outcome of the conflict styles analysis.

Activity 2: The antecedents, behaviours and consequences of conflict
Please identify and assess some of the causes, behaviours and the costs of workplace conflict. Please give examples where possible.

Activity 3: An evaluation of conflict escalation

For this activity, you are asked to consider a conflict that you have been involved in or are aware of. From that conflict please describe the various stages of the conflict escalation. In your analysis, you are also asked to consider the content of the dispute, the nature of the interactions between the parties and the expectations of the parties at each stage.

Activity 4: Conflict transformation
For this activity, you are asked to consider the situation between two conflicting parties (you may wish to use a scenario or example that we used during the course). Given the P-I-N model, please analyse the transformation process from the perspective of positions, interests and needs.

Explain what is meant by "Needs"?

What were the initial positions of the parties?

What do you believe were the underlying issues and interests?

How do mediators help parties focus on their underlying interests and needs rather than their initial positions?

Activity 5: The principles, values & ethos of mediation
For each of the different principles and values of mediation, please identify:
Why is it important in mediation?
What a mediator can do to support and practice these principles?

Activity 6: Reframing and the role of non-violent communication

What do you understand by the term reframing?

When might a mediator use reframing?

Please describe the four key stages of non-violent communication.

Activity 7: Active listening and empathy
Please describe the role of active listening and empathy in the mediation process, both in terms of the mediator's empathy towards the parties and the creation of empathy between parties. How will you let parties know that you are empathic?

Activity 8: Responding to challenging attitudes and difficult behaviours during mediation
For this activity, you are asked to evaluate five behaviours or attitudes which may be described as challenging or difficult during mediation. Please choose an example for each of the following. (As a guide, each behaviour/attitude will require around 100-200 words of analysis.)

Refusal/resistance to mediation

Prejudice/discrimination

Power imbalance - inappropriate use of power in mediation

Strong emotion

A difficult behaviour of your choice

For each, consider:
Why might the person or people act in that particular way?

What is the potential impact of the behaviour or attitude?

How might the behaviour or attitude affect the resolution of the conflict? What approaches might you use as a workplace mediator to respond to the attitude or behaviour?

Activity 9: One mediator or two?
During the course, it has been identified that there are different ways of offering mediation. The following questions relate to the practice and benefits of co-mediating. Please compare and contrast the strengths and weaknesses of co-mediating with those of sole mediation.

Based upon the above, what action should you take to ensure that you develop a positive and constructive working relationship with your co-mediator?

Activity 10: Managing the FAIR mediation process
This activity requires you to develop your own practical checklist for managing the mediation process. Please describe each stage and identify any actions, skills, strategies or techniques that you will find useful. This can become your own personal handy hints and stock phrases guide.

Activity 11: Practical problem-solving for workplace mediators
During mediation, parties may give some signals to the other party that they wish to move forward. What might these include and how can a mediator respond?

Please identify and evaluate the approaches that you will use during the problem-solving stage of mediation to enable the parties to seek practical solutions to their conflict.

Activity 12: Developing the final agreement
As a result of the workplace mediation process it is important that all participants receive a concise summary of what has been agreed. Why is this important?

Please explain SMART action planning.

What approach will you use to review the success of the action plan?

Activity 13: An assessment of mediator support and professional development (CPD)
As a practising workplace mediator, you will be involved in a variety of complex employment related disputes. As such, opportunities for your support and professional development are vital to ensure that you maintain the highest possible standards of practice and credibility. Furthermore, the sharing and dissemination of best (and sometimes bad) practice will help you, and your fellow mediators, as you develop your skills and experience. For this activity, please describe how you will maintain a commitment to offering a high-quality standard of professional delivery.

Activity 14: How (not) to mediate according to John & Anisha (4.3)
Two mediators, John and Anisha, were working together recently. One Tuesday, John received a phone call from the HR Director at Broxtowe Borough Council. The HR director asked John if they would be able to help them resolve a problem that they were having between two Head Teachers- Su and Mick. John was on his mobile phone so didn't have time to talk....

"Look" he said, "email me the details and we will get onto it. Don't worry, we'll get it sorted for you."

The email came through and John asked Anisha if she could ring the parties to organise the meetings. Anisha got hold of Su but kept leaving messages for Mick. Eventually they spoke at which time Mick wanted to go into detail about the conflict. Anisha listened for over 40 minutes whilst Mick painted a bleak picture of working life at the Council, she then told Mick that she could understand why he was angry, she could see his point of view and she could find out more when they met. Anisha then rang John and said... "I'm glad I don't work there!"

At the first meetings with the parties, in a small room near the HR Director's Office, Mick and Su arrived at the same time- somehow, they got the times confused. John and Anisha didn't realise that they were outside the door until Su knocked at the door and asked if they were ready. Mick was asked to go away and come back in 15 minutes.

Anisha and John met Su on her own for 30 minutes. The mediators explained that they were there to help sort the problem out and would help both parties reach a solution. When Su asked a question, John explained that the time would come for questions later on. When Su did ask her question, they could all hear Mick waiting to get in outside so the meeting was called to an end.

Mick arrived for his meeting feeling angry that he had been left waiting for so long. At the meeting with Mick, Anisha explained that although it was a confidential meeting, they would be preparing a summary report of what each party said for the HR Director- Mick felt uncomfortable about this but agreed. Mick explained that he felt pressured into mediation- Anisha and John smiled and told him that he would be fine as long as he kept to any agreements and was willing to change his behaviour.

Seven weeks later, at the joint mediation meeting, John and Anisha arrived to find that someone else was using the room they had booked. They waited and then suddenly Mick and Su arrived. A short while later the room was free so everyone went in together. John tried to arrange the furniture whilst Anisha made small talk with Su. Mick sat in a corner looking increasingly anxious.

At the meeting, John and Su told the parties that this was their meeting so they had best try to use it. Somehow, both John and Anisha forgot to set the ground rules and both parties were invited to speak. As the meeting went on, the parties continually spoke over one another, argued, and were hostile and even aggressive. Anisha and John felt unable to control the meeting and eventually stopped intervening.

After twenty minutes, Mick walked out, slammed the door shut and left.

Please analyse: what worked well and what didn't work well?