Susan Smith
WorkPeace: Prepare in Advance to Finish Well
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t the end of a successful workplace mediation, the parties are happy, smiling, and feeling a great sense of relief. So much has been resolved. Some parties are even saying they’re looking forward to having coffee together again! And then something happens. Days or weeks later, one of the parties informs his or her supervisor that there’s a problem again. “I thought we had this resolved, but it’s happening again.” It seems the parties’ recollections of the mediation are different and some of the parties are now challenging the items—often details— agreed at the mediation. That is a disappointing turn of events; parties’ emotions run high at the thought of being bound by an agreement they don’t like. The trick for the mediator who has helped resolve a conflict is to prevent that scenario from happening after the intervention. Here are a few pointers you can use.
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TABLE OF CONTENTS
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The best way to be sure all parties finish well is to ensure a clear and concrete understanding of the agreed solutions… 1. At the outset, be sure all parties agree on a clear statement of the problem(s) to be resolved; allow enough time to hear all the scenarios or problems of concern, to avoid something being missed. 2. Be clear about what the parties want to accomplish; identify the common objectives of the parties in simple language. 3. Be sure to brainstorm options without conditions or qualifiers and without judgment (dissent or criticism), initially. 4. Spend time reviewing each option in detail and encourage the parties to imagine how each option would play out in the workplace. In a respectful manner, flush out all the advantages and disadvantages of each option. 5. Connect each option to the parties’ common objectives. To be useful later, an option must support a common objective. The Society of Notaries Public of British Columbia
6. Before concluding, spend time with the parties, writing down the intended agreement including concrete examples of how the chosen option or outcome will work and how the parties involved will be impacted. The more examples, the better. 7. Arrange a follow-up with the participants to ensure the agreement is working; that should happen within a few days or a week of the intervention Remember, resolving a workplace conflict is influenced by the corporate culture or flavour of the workplace environment. Workplace conflicts are unique because they usually blend personal and corporate concerns and interests. There’s a lot of room for misunderstanding. The best way to be sure all parties finish well is to ensure a clear and concrete understanding of the agreed solutions, along with a timely and meaningful follow-up by the person who has facilitated the mediation. s
Susan Smith is a lawyer and mediator who practises workplace mediation and dispute resolution throughout southern British Columbia. Volume 27 Number 3 Fall 2018
