The model we explored and practised emphasised the importance of creating a semi-structured space for parties to listen to each other. If they can genuinely hear each other, there is scope for establishing empathy and reaching shared solutions. This involves the willingness of all parties to engage in open, direct and…potentially scary…dialogue. The mediator speaks to this fear dynamic explicitly: ‘This is going to feel very uncomfortable, but we’re here because we believe the outcome will be worth it.’If the mediator and participants can learn to manage their own anxiety by facing it head on, they may also feel able to lower their defences and hear each other. We looked at four conditions that enable this type of mediation to be successful: the mediator is impartial; the mediation is confidential; participation is voluntary; outcomes are self-determined. These condidtions provide a basis for establishing clarity and for contracting with oneself, participants and sponsors beforehand.
Karen explains why these same conditions can sometimes make it difficult for internal HR (or OD) practitioners to fulfil this role within their own organisation or business partnering arena effectively. (For further comment on this issue, see: http://www.karenbaileymediation.com/transforming-hr-practitioners-into-mediators/). We also looked at four aspects of participant experience and perspective that provide a content-orientated focus for the mediation: each participant’s Story; each participant’s felt Impacts; each participant’s Needs; each participant’s Goals (making the acronym SING). The mediator meets with each participant to tease out these aspects beforehand. The participant’s story is his or her own subjective experience of the situation; impacts are what he/she is feeling emotionally; needs are unfulfilled desires or challenged values; goals are the outcomes each person hopes for. ‘What’s going on for me’, ‘How this is impacting me’ and ‘Why this is important to me’.
At the start of the session with all parties in the room, the mediator reiterates the process and invites the participants to (a) be honest and direct with each other and (b) listen and show respect to each other. The mediator may invite each party to make an opening statement and then allow the conversation to free-flow. The tricky part I found as mediator-in-practice was when to intervene and not to intervene, how to intervene in such a way that facilitates rather than interferes with the process, how to manage my own anxieties if ferocious conflict emerges, if one party appears bullied or if the conflict became directed at me.
Karen offered some useful ideas…simple in principle, harder to do in practice! The mediator can summarise, reflect back…’This is what I’m hearing…’, ‘Sounds like…’, enabling the participants to feel heard before moving on. The mediator can call for a break, allowing mediator and participants to step back, take time out if they need to cool down or reflect before re-engaging.
The mediator can co-facilitate with another mediator, creating the benefit of two perspectives, insights and interventions, especially valuable if one of the mediators feels hooked, emotionally destabilised or disorientated by something in the conversation and needs to detach in order to re-engage. The real challenge, opportunity and skill lies in enabling the participants to establish and maintain high quality contact with each other, even if that contact feels loaded with intense emotion. It’s a process that involves faith, faith that if the participants will find a way to hear and connect with each other, that they may feel empathy and will move towards finding their own solutions. It also demands that the mediator be fully present in the room, fully in role and fully in contact with participants. The session ends with participants discussing and agreeing their own way forward. This kind of mediation clearly demands patience and courage but the benefits can be transformative.