Conflict Case Analysis and Mediation-Theory and Practice

Conflict Case Analysis and Mediation-Theory and Practice

Why this case is appropriate for mediation

The case study is a good example of when mediation would be appropriate in the workplace. It involves interpersonal conflict, and it impacts work performance. It also meets other criteria for appropriate cases for mediation, such as the willingness of both parties to participate and a desire to find a resolution. A mediator can help them focus on the issue and work towards a solution. The mediation process is confidential, so it can be a safe place to air their grievances and work through the issues. Maureen and Dunmore are constantly butting heads, and their interactions are disrupting the work environment. The e-mails and complaints to the supervisor, Mr. Greene, have not resolved the situation, so it is time to bring in a mediator. The conflicts impact work performance and make it difficult for both of them to do their jobs.

What is the conflict about?

The conflict is primarily about Maureen and Dunmore’s working from the same office. Since the Mixing Bowl policy got them to work from the cubicle, they started having issues with each other. The thermostat was removed, they accused each other of deleting e-mails, and Maureen kept leaving articles about weight loss on Dunmore’s desk to make fun of her. Bulbs in the light fixture were removed, and when Maureen messes with his computer, Dunmore gets angry. They also argue over the temperature, who gets to leave first, and access to their shared printer. The music that Maureen plays is also a source of contention. Dunmore likes to work in silence, but Maureen’s music is so loud that he can’t concentrate. The burning candle also bothers him because it gives off a strong smell. The calls Maureen makes on her cell phone are another point of contention. Dunmore thinks she talks too loudly, and the constant “hello” distracts him from his work. They keep getting in each other’s way, and their interactions are disrupting the work environment. The conflict is ongoing, and they keep hurting each other in different ways to get back at one another without considering how it affects their work performance.

Each Party’s Position

Maureen Smith feels that she is constantly harassed by her co-worker, Dunmore. She feels that he is always trying to get under her skin, and she can’t seem to do anything right in his eyes. Maureen likes her job and wants to work without disruption from Dunmore. Her position is that she should not have to change the way she works because it makes him uncomfortable. Maureen needs space and priority to her preferences for work. Elwood Dunmore is the other party to this conflict. He feels that he has been more than accommodating to Maureen’s needs, and she keeps finding new ways to bother him. He likes his job and does not want to get in trouble with HR, but he also doesn’t want to change the way he works. His position is that he should work in silence and without distractions. Dunmore wants Maureen to change the way she works so that his needs can also be met.

The Parties

The parties to the conflict are Maureen Smith and Elwood Dunmore. Maureen Smith works in the company as an Analyst II and has been there for ten years. She has risen through the company and is proud of her job title. Through training, she acquired a security clearance, which has allowed her to work on a new configuration identification project. Elwood Dunmore works as an Analyst I and has been with the company for two years. A defense contractor hired him because CSC needed his expertise in configuration management. He likes his job and is good at it, but he does not like the company’s personnel practices, such as the Mixing Bowl.

How has the conflict progressed?

The conflict between Maureen and Dunmore has been ongoing for some time now. It started when they were moved to cubicles as part of the Mixing Bowl policy. Their relationships with each other have not been good since they started. They keep getting in each other’s way, and their interactions disrupt the work environment. It has reached a point where it is unsafe for them to work together. They take time away from their work to argue with each other, affecting their ability to do a good job. For instance, the flowers that Maureen bought Dunmore were the last straw. They are constantly at each other’s throats, not productively resolving their conflicts. The overhead lights are too bright for Dunmore, and he is upset that she doesn’t seem to care. He can hear her talking on the phone, which bothers him because it’s too loud. Maureen does not like working in silence with no distractions of any kind around him, even if it means getting rid of important things to her work. The conflict is likely to continue to escalate because they are not taking any steps to resolve their differences.

The Appropriate Mediation Intervention

The best mediation intervention for this conflict would be a mediator who focuses on collaborative mediation, such as the Harvard Project Mediation Model (Kumara & Fasana, 2018). This form of mediation aims to find new ways to work together so that all parties are satisfied with their working environment and have more say in what’s going on around them. They want Maureen Smith and Elwood Dunmore to feel like they are working together as a team and not against each other. The mediator would help them identify their needs and find solutions that meet everyone’s needs. This type of intervention is likely to succeed because it focuses on the future instead of the past. It allows both parties to have a voice in the process and come to a beneficial resolution for everyone involved.

Who needs to participate in the mediation?

The mediation would need to involve Maureen Smith, Elwood Dunmore, President of Operations, and immediate supervisors like Mr. Greene. The company’s managers have the authority to implement changes that will improve the work environment for everyone involved. They are likely to support any new agreement between these two parties because the conflict hurts performance at work. The president is important to involve because he can make decisions that will affect their working relationship. Mr. Greene, their supervisor, would also support any intervention that will improve their relationship Kumara & Fasana, 2018). The mediator needs to approach them in ways that are collaborative and non-judgmental. They want the parties involved to feel like they have a voice in this process to create an agreement together instead of having one imposed on them.

What, if any, are the cultural, ethnic, gender, or other issues, and how will each affect your decisions regarding the entry phase of the mediation?

Gender issues are important to consider when approaching this conflict because Maureen is a woman, and Elwood is a man (Lezak et al., 2019). Women have traditionally been underrepresented in the workplace, so they aren’t always heard or respected. Their managers might identify with what she’s saying, but Dunmore would not understand why it makes her feel unsafe around him. Age and time of stay in the company are also important factors because Maureen is older than Dunmore. Being older could be an advantage because she has less power and may feel more comfortable around the mediator. Another issue is the contributions to the company. Maureen has been with the company longer than Dunmore, so her opinion may be more valued. The mediator will need to be aware of these factors when deciding how to approach this conflict. They must respect everyone involved and understand that each person has something important to contribute.

At the entry phase of the mediation, it’s important to gather as much information as possible so that the mediator can make informed decisions about how to move forward. For example, the value of each person’s contribution to the company may play a large role in how much weight their opinions are given throughout this process.

How would you conduct the first three phases of mediation (Moore, p. 186) and establish trust, rapport, and credibility among parties to the conflict?

The first phase of mediation is an entry. In this case, it’s important to establish trust and rapport with everyone involved because they need to feel comfortable talking about their concerns without judgment or criticism from anyone else (Moore, 1987). For example, Maureen might be more open if her supervisors are part of the process, so she doesn’t have a bad relationship with her manager or Elwood. The mediator will gather information about how this conflict has affected everyone involved. They will also identify the needs of each party and come up with ideas for an agreement that would meet these unique needs while keeping in mind what is best for the company overall. The mediator will need to establish credibility throughout this process by acting as a neutral third party who wants to help Elwood and Maureen.

The second phase is designing and initiating the intervention. A mediator will need to develop a plan that meets the needs of everyone involved. It might include creating an agreement that both parties must sign, meeting with them individually or together, and providing support throughout the process (Moore, 1987). Here, the mediator will need to continue building trust and rapport to be comfortable working together. The third phase is conducting the intervention. The mediator will need to create an atmosphere where the parties feel safe and comfortable talking about their feelings. Establishing rapport early in this process will be important because it will make them more likely to trust that everything they say won’t get back to Elwood or Maureen. The process will likely take time, and the mediator will need to be patient while ensuring that everyone is following the agreement. He can interview the parties, review relevant documents, and suggest potential solutions.

What arena, physical arrangements, and procedures would you choose, and why?

I will invite them to meet in my office. I would choose this because it is a comfortable, private setting where they can speak freely without worrying about who might be listening. It’s also important that the mediator remain impartial, so meeting in his office will help to avoid any possible conflict of interest (Chambel et al., 2017). The physical arrangements would be a desk and chairs for each party and a table in the middle for any documents that need to be reviewed. This allows everyone to have a clear view of one another and makes it easy for the mediator to take notes. I would use procedures like having an agenda ready so everyone knows what will be discussed, asking questions, and providing feedback. I will also encourage the parties to talk with each other directly whenever possible.

What might be some substantive, procedural, and psychological issues related to the parties – and how might you deal with them?

During mediation, psychological issues that could come up include anger, resentment, and frustration. The mediator will need to be patient while helping the parties work through these feelings. He can do this by providing a safe space for them to express themselves and offering guidance and support throughout the process. Procedural issues might include disagreements about what should happen next or who should lead the mediation. The mediator will need to be flexible while ensuring that everyone follows the agreed-upon procedures. Finally, substantive issues could include disagreements about what should happen or how the conflict should be resolved. The mediator will need to help the parties come up with a solution that meets their needs while also taking into account the company’s needs.

What strategy might you employ to address the above-mentioned issues if your assessment is correct and they emerge during mediation?

I would try to address the psychological issues by listening attentively and providing a space for the parties to vent. I would also work to keep the mediation on track by ensuring that everyone follows the agreed-upon procedures. I would be prepared to offer suggestions for resolving the substantive issues.

What conditions must be present for a win-win outcome to occur – and what do you foresee as a potential win-win for the disputants in this case?

The conditions for a win-win outcome to occur in this case include everyone feeling heard and respected, as well as being willing to give something up. Additionally, the mediator would need to be able to help both parties find common ground so that they can work together in the future. The potential win for Elwood and Maureen is coming up with a resolution that meets both of their needs. Elwood gets to keep his job, and Maureen can maintain her dignity. It’s also important that the company can move forward and continue doing business.

How might psychological closure be important to redefining the relationship and supporting a lasting agreement? What actions might be necessary to bring this closure about?

Psychological closure is important because it allows everyone to move on and not dwell on the past. This can be achieved by having a clear understanding of what happened and why it occurred. Furthermore, an effective mediation process can help give people hope that change is possible in future negotiations with others (Feixa & Sánchez García, 2021). To bring about psychological closure, the parties would need to have a final meeting to discuss the resolution and what happened during mediation. They would also need to sign an agreement that reflects the outcome of the mediation. This document could serve as a reminder of what happened and help to prevent any future conflicts from arising. The actions necessary to bring about psychological closure include having a final meeting and signing an agreement.

What are some of the voluntary commitment procedures that may be employed here – and how might they enhance the success of an agreement between the parties?

The parties could commit to a follow-up meeting in six months. This might help them see how their relationship has evolved and improved since the mediation process. Additionally, it may be useful for Elwood and Maureen to meet with people from work who share their interests or concerns about this situation. By doing so, they can discuss how things have changed and how they can prevent this type of conflict from occurring in the future. Voluntary commitment procedures that could be employed here include having a follow-up meeting and participating in group meetings with others who shared interest or concern about this situation. The other commitment procedure that could be useful is having a written agreement that reflects the outcome of the mediation. This document would serve as a reminder of what happened and help to prevent any future conflicts from arising.

Who are the parties that might threaten a good agreement – and how can those threats be addressed or neutralized during the mediation process?

There is a possibility that the company might threaten to fire Elwood if he does not agree to leave. The mediator could help address this issue by working with both parties to develop a solution that is agreeable to everyone (Feixa & Sánchez García, 2021). Additionally, the mediator could ensure that any threats made by either party are taken seriously and dealt with appropriately. Threats that might threaten a good agreement include the company threatening to fire Elwood if he does not agree to leave. Maureen can threaten to go public with her accusations and take legal action against the company.

References

Chambel, M. J., Carvalho, V. S., Cesário, F., & Lopes, S. (2017). The work-to-life conflict mediation between job characteristics and well-being at work: Part-time vs full-time employees. Career Development International.

Feixa, C., & Sánchez García, J. (2021). Research focus: mediation for conflict management. Open Access Government. 2021 May 27.

Gonstead, M. H. C. (2020). Beyond Investor-State Disputes: Intercultural Capacity Building to Optimize Negotiation, Mediation, and Conflict Management. U. St. Thomas LJ, 17, 251.

Kumara, J. W. N. T. N., & Fasana, S. F. (2018). Work-life conflict and its impact on turnover intention of employees: The mediation role of job satisfaction. International Journal of Scientific and Research Publications, 8(4), 478-484.

Lezak, S., Ahearn, A., McConnell, F., & Sternberg, T. (2019). Frameworks for conflict mediation in international infrastructure development: A comparative overview and critical appraisal. Journal of Cleaner Production, 239, 118099.

Moore, C. W. (1987). Practical strategies for the phases of mediation (No. 16). Jossey-Bass.

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In a brief 8-week course, covering every facet of conflict and adequately discussing how to resolve it is nearly impossible. The aim of this course was to help you become adept at interpreting conflict and identifying options that result in a favorable outcome for all stakeholders. As you’ve learned by now, constructive responses and mediation skills developed through a focused effort to understand communication patterns, interpersonal relationships, and communication skills can produce successful conflict resolution. Theory, self-reflection, and enhancement of conflict skills, cultural understanding, structure, and practice of collaborative and mediated negotiations were emphasized throughout the course. Now, it’s time to explore the future, reflect on what you’ve learned over the last 7 weeks, and decide how to use this new knowledge moving forward.

Over the last 7 weeks, you learned about both the theoretical side and the practical side of the conflict. You’ve seen yourself in a conflict situation, and you’ve seen yourself as the mediator of a conflict. This week, you will combine all the information, then analyze and set the stage for successful mediation of the case found in your resources, titled Office Sharing. As you move through the process of case analysis and mediation preparation, answer the following questions:

What factors lead to this being an appropriate case for mediation?
What is the conflict about?
What are the positions and interests of each party to the conflict?
Who are the parties to the conflict?
How has the conflict progressed?
What type of mediation intervention would be most appropriate?
Who needs to participate in the mediation, and how would you involve/approach them?
What, if any, are the cultural, ethnic, gender, or other issues, and how will each affect your decisions regarding the entry phase of the mediation?
How would you conduct the first three phases of mediation (Moore, p. 186) and establish trust, rapport, and credibility among parties to the conflict?
What arena, physical arrangements, and procedures would you choose, and why?
What might be some substantive, procedural, and psychological issues related to the parties – and how might you deal with them?
What strategy might you employ to address the above-mentioned issues if your assessment is correct and they emerge during mediation?
What conditions must be present for a win-win outcome to occur – and what do you foresee as a potential win-win for the disputants in this case?
How might psychological closure be important to redefining the relationship and supporting a lasting agreement? What actions might be necessary to bring this closure about?
What are some of the voluntary commitment procedures that may be employed here – and how might they enhance the success of an agreement between the parties?
Who are the parties that might threaten a good agreement – and how can those threats be addressed or neutralized during the mediation process?
In Week 1, you were asked what you needed in this course. Did you get what you needed? Why or why not?
Length: 8-10 pages, not including title or reference pages

References: Include a minimum of 5 scholarly resources.