Managing Conflicts through Mediation

Disputes in the workplace are an inevitable part of life. In response, managers are turning to a not-so-new form of dispute resolution—mediation. The process uses the expertise of an impartial outsider to help the parties resolve the conflict—hopefully out-of-court.

Raymond A. Whiting, PhD, JD, professor of political science, is an expert in mediation. Before earning a doctorate of philosophy in social science, Whiting practiced law in Syracuse, New York, where he obtained mediator certification in 1986 and ran a private mediation service. He also wrote his dissertation on The Use of Mediation as an Alternative to Litigation.

For mediation to be successful, Whiting says, “participants must be committed to the process and understand when to use it and how to select a neutral mediator [third party]. Mediation helps managers resolve disputes while building stronger relationships.”

“Less adversarial than the traditional, court-oriented approach to conflict resolution, mediation emphasizes a collaborative, consensus-building approach. The mediator follows a structured process that brings the disputants together, helps them identify their interests, develops alternatives, and assists them in creating a solution everyone finds acceptable,” says Whiting.

The mediator meets with both parties separately so that their viewpoints and ideas are completely free of the other’s input. Then the mediator brings the disputants together. “This time both disputants express their points of view in front of the other. While one is talking, the other must remain silent and take notes so that they can be addressed later. Then the other side does the same,” says Whiting.

“Everyone is allowed to scream, pound their fist, or jump up and down, but they must not curse, call each other names, or walk out,” says Whiting. “It is important to let them get their emotions out of the way, otherwise they will never be able to resolve the problem,” he adds. The mediator then encourages the disputants to talk about the real issues involved in the dispute and helps them address these. “There is always more than one issue in every dispute,” says Whiting.

Brainstorming guides the conflicting parties to reach their own solutions. “The advantages of mediation is that the parties are guided to make their own decisions, so everyone wins,” he says.

About 90-95% of mediation cases are settled out-of-court. Mediation costs vary, depending on the type and length of the dispute, but when the cost of using the legal system is considered, mediation costs seem more reasonable.

Mediation is not a panacea for conflict, but it is one way that can help managers solve the array of complex problems they may face daily. The added benefits of these techniques are better relationships among disputing parties and a better public image for the manager and their firms.