Independent Coach Agreement by fvx96166

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									   The Who, What, When,
     Why, and How of
         (workplace, non-EEO)
             Mediation

          Melissa Marosy, Owner
Creative Conflict Resolution Enterprise Team
              Region 5, USFS
My background/perspective:
• 10 years experience in
  community mediation.
• 8 years experience mediating
  workplace disputes within the US
  Forest Service (past 6 full-time).
• Natural resources management
  and research background.
My background/perspective:
• Transitioned from meeting
  facilitation.
• Managed non-EEO portion of R-
  5’s ADR program June 2003 –
  September 2004.
      Styles of Mediation



• Facilitative   vs.   Evaluative
• Non-Directive vs.     Directive
• Orchestrating vs. Deal-Making
    WHAT
Is Mediation?
• A process of working things out
  by talking things through...
• An informal problem-solving
  conversation…
• Dialogue or negotiation…


       ...with the involvement of
 an independent third party.
• Facilitated
    one-on-one
      interest-based bargaining.
• A formal, structured conflict
  resolution process that involves
  an acceptable third party who
  has no authoritative decision-
  making power, who assists the
  involved parties to voluntarily
  reach a mutually acceptable
  resolution of the issues in
  dispute.
A word about the voluntary
nature of mediation…
• Mediation is by definition a
  voluntary process.
• USDA regulation 4710-001 states
  that ―managers and supervisors
  are expected to participate in
  ADR when requested to do so,
  absent compelling reasons.‖
A word about the voluntary
nature of mediation…

• Compelling reasons (FS):
  1. Criminal or serious employee
     misconduct is involved, and this
     misconduct is an issue in the
     request for ADR.
  2. The case involves physical
     violence or threats of violence.
A word about the voluntary
nature of mediation…

• Compelling reasons:
  3. An earlier ADR attempt failed, the
     time span between the first ADR
     attempt and the request for
     another mediation is short, and
     there has been no change in
     material facts or the parties’
     underlying interests in resolving.
A word about the voluntary
nature of mediation…

• Compelling reasons:
  4. The case is precedent setting or
     the remedy being requested is
     outside Forest Service control.
    WHY
Use Mediation?
It gets results.
• Experienced mediators average
  a 95% success rate.
• My success rate to date = 98.6%.
  (143 workplace mediations)
It’s quick and cheap.
• Mediations can be arranged
  quickly.
• Little preparation time is
  needed.
• The mediation itself typically
  takes 6-8 hours.
Parties retain control of the
outcome.
• The mediator does not impose
  a solution on the parties.
• ―Success‖ or ―failure‖ of the
  process lies with the parties.
  – If they choose not to resolve,
    they may still use the process to
    decide how to ―disagree
    amicably‖.
Parties can tell their stories.
• Both objective and subjective
  points of view are considered.
• Interests can be shared.
• Emotions can be expressed and
  acknowledged.
• Parties are brought together
  rather than divided.
Both parties can be winners.
• ―Win-win‖ resolutions are likely,
  and are more satisfactory than
  ―win-lose‖ compromises.
• Solutions reached
  collaboratively are often more
  creative and mutually acceptable
  than either one of the parties
  would have proposed on their
  own.
Added benefits:
• Agreements more likely to be
  abided by.
• Parties learn tools for preventing
  or dealing with future conflict.
• Opportunity for personal growth
  and healing of relationships.
   WHEN
Should Parties
  Engage In
 Mediation?
Whenever both parties are
willing and able to negotiate
in good faith.

• The parties must want to find a
  mutually acceptable resolution.
• The parties must be able and
  willing to express themselves
  appropriately.
Whenever both parties are
willing and able to negotiate
in good faith.

• The parties must be willing to
  listen to and try to understand
  each other.
The sooner the better!
• The sooner the conflict is
  addressed, the greater the
  likelihood of positive resolution.
• It’s easier to identify and
  address interests before parties
  become entrenched in positions
  and negative emotions.
    WHO
   are the
Participants in
 Mediation?
The fewer the better!
• All necessary participants.
  – Who is necessary will vary from
    case to case.
  – At minimum, mediator plus two
    parties.
The fewer the better!
• No more than absolutely
  necessary.
  – Parties are more likely to be fully
    open and self-revealing when others
    are not present.
     The Mediator
• Acceptable to both parties
• No decision-making power
• ―Omni-partial‖
  – neither biased nor impartial
  – an advocate for both parties
The role of the mediator:
• Guardian of the process.
• Communication facilitator.
• Agent of reality.
• Interest-based bargaining
  coach.
• Agreement finalizer.
What to look for in a
mediator:
• Trusted by both parties.
• Experienced in non-EEO
  workplace mediation.
• Highly credible with a strong
  reputation and demonstrated
  track record.
The Parties (Disputants)
• Party 1 and Party 2
• The grievant and the responding
  official


The key active participants in the
 mediation.
The role of the parties:
• Talk directly with the mediator
  and with one another about the
  conflict at hand.
• Identify their issues and
  interests and seek to
  understand the other’s issues
  and interests.
• Work with one another to jointly
  resolve the conflict.
      Representatives
• Union representative
• Management/technical
  representative


Primarily silent participants.
             Others
• Supervisors
• Subject matter experts
• Trainees
• Others

All must be acceptable to both
 parties.
    HOW
Are Mediations
 Conducted?
The stages of mediation:
• Convening
• Opening
• Story-telling
• Problem-solving
• Agreement
Convening (Mediator)

1. Determine the general nature
   of the conflict.
2. Identify the necessary
   participants.
3. Interview key parties.
4. Determine a mutually
   agreeable date, time, and
   location for the mediation.
Opening (Mediator)
1. Introduce self and mediator’s
   role.
2. Review ground rules (create
   safety).
3. Describe the process.
4. Discuss any time limitations.
5. Answer any questions.
Story-telling and Problem-
solving
Phase I—Parties talk to the mediator:
  1. Brief summary of the conflict by
     each party.
  2. More detailed descriptions of the
     issues and identification of
     interests, with the two parties
     alternating.
  3. Mediator models active listening.
Story-telling and Problem-
solving
Phase II—Parties talk to each other:
  1. Discussion of the issues and
     interests (mediator facilitates).
  2. Active listening (mediator
     coaches).
  3. Collaborative problem-solving.
Story-telling and Problem-
solving
Caucus—A private meetings between
the mediator and each party.
I use when:
  •   A party needs to meet with their rep.
  •   Things get very emotional.
  •   Something isn’t being said.
  •   There’s a reluctance to move
      forward.
Agreement
• Drafted by the mediator.
• Specific, measurable, includes
  time frames.
• Includes ―What if?‖ and follow-
  up clauses.
• Finalized, agreed to, and signed
  by both parties.
     HOW
To Prepare for a
  Mediation?
• Identify your issues and
  interests.
• Identify the other party’s likely
  or known issues and interests.
• Begin to think about
  collaborative solutions.
• Show up in a collaborative frame
  of mind.
     The End

(I’ll gladly answer
  any questions.)

								
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