Conflict Management and Resolution – Mediation

Conflict Management and Resolution – Mediation

Introduction

The conflict in the case study is about the closure of one of Portsmouth’s Schools due to demographic changes in the city, which have lowered enrollment in all its four schools, and results presented by a consultant group indicating a need for the removal of asbestos and repairs. The repairs have to be done to meet state certification standards, but the cost of repair is high. The school can, however, not be closed because it has had an increase in enrollment over the past five years, while all the others have recorded a decrease in enrollment. The parties involved in the conflict are the groups representing the different alumni and communities surrounding the schools. The conflict has progressed to this point, following the alumni group’s concerns that the efforts to close the school are motivated by race. They also disprove concerns about the school’s current location across a drug-infested and high-crime public housing community by referencing long-term plans to destroy the community. The group is split into two based on varying positions and interests. One group argues that the school should be renovated instead of being closed, while the other group argues that the school should be demolished because of its current condition and its location on the main highway. The group that wants the school to be demolished argues that a new structure should be built near the Coast Guard Base and far from the busy areas. The main factor that makes it hard to resolve the conflict is ethnicity. Historically, the school in question is a black high school whose alumni are politically active and have a strong identity. It also has many notable African Americans in sports, hence creating a conflict of interest where the black community is against its demolishing. For instance, the black community argues that the school should be renovated and the Wilson High School, located in the same part of the city, should be closed.

Who should be involved in the mediation effort?

The mediation effort should involve a representative from the City Council and the groups representing alumni and communities surrounding the schools. The City Council should be engaged in clarifying the state requirements and consequences for failing to adhere to these requirements, while the groups representing the different alumni and communities surrounding the schools should be engaged in providing recommendations and voicing any concerns they may have with the recommendations.

What is the best location for mediation?

The best location for the mediation is a conference hall where the parties involved in the conflict can sit on opposite sides facing each other, and the mediator sits at the center or facing the parties to read their facial expressions throughout the mediation process to predict any issues that may arise. The representative from the City Council may sit on either of the two sides as long as he or she does not take sides during the mediation process.

What physical arrangements need to be made?

The main physical arrangements that need to be made are placing seats on opposite sides facing each other and one seat at the center or in front of the two rows. The social distancing between the seats also needs to be maintained due to the current Covid-19 pandemic.

What procedures will be used?

The mediation will begin with introductory remarks, during which the mediating parties will introduce themselves. The parties will then provide a statement of the problem. A statement of the problem gives the mediator an overview of the cause of the conflict (Tjosvold et al., 2016). The third step will include gathering information by listening to the facts presented by the negotiating parties. In this step, the groups representing the different alumni and communities will share what they know about the existing problem, and the City Council representative will present the council’s results gathered from the inspection of the school, state certification standards that are being violated, and the consequences of failing to take action. The information provided by the mediating parties will then be used to identify the problem causing the conflict and set the foundation for bargaining and generating options to ensure that the parties reach an agreement.

What issues, interests, and settlement options are important to the parties?

The main interests and settlement options that are important to the parties are ensuring that the schools continue operating either as a new structure or as a renovated school. Another major interest and settlement option is considering the most affordable solution to maintain operations in the school.

What are the psychological conditions of the parties?

The groups representing the black communities have a mentality that the whites are discriminating against them and are only interested in closing the school to place the black community in a disadvantaged position. The whites are, on the other hand, assuming that the black community is only interested in maintaining the school because the highest population of students in the school is African Americans. The two ethnic groups may, therefore, fail to come to an agreement because each of them wants to prove their superiority over the other. Mayer (2020) argues that ethnic differences play a significant role in affecting the outcome of a mediation process by influencing how the negotiating parties view each other.

How will rules or behavioral guidelines be established?

The mediation’s success is dictated by how the parties behave during the mediation process (Wander, 2016). An impartial individual will, therefore, be selected to maintain the discipline of the parties involved in the mediation. The individual will be in charge of escorting any party that is not willing to listen to others out of the conference room to avoid escalating the conflict and interfering with the bargaining process. Specific rules will be developed and read out to the mediating parties before the mediation process begins, alongside the consequences of breaking them. The rules will regulate behaviors, tone, and language used in the mediation process. For instance, the parties in the mediation will be prohibited from shouting at each other and using abusive language. Any party who violates this rule will be eliminated from the negotiation process. The other rule will focus on ensuring that every party is given a chance to express their opinion without being interrupted. The mediating parties will also be prohibited from using physical force such as pushing or hitting another party. Violating this rule will not only result in being kicked out of the negotiation but also paying a heavy fine.

What is the general plan for the first joint negotiations in the mediator’s presence? How will specific agenda items be identified and ordered?

According to Moore (2014), the mediator is supposed to consider the interests of all the conflicting parties and give an unbiased recommendation. It is, therefore, important for the mediator to gather all facts before giving any suggestions (Hanaway, 2020). Therefore, during the first negotiations in the mediator’s presence, all parties will be given a chance to express their concerns and offer recommendations. They will also be required to support their recommendations with arguments on why they think their recommendation is the best. The mediator will then comment on every recommendation without implying which recommendation is the best. He or she will also be required to give an overview of the advantages and disadvantages of each recommendation. The mediator will then list the recommendations based on their feasibility and begin bargaining with the parties on the way forward.

How will parties be educated about the process, and how will they arrive at an agreement to proceed with negotiations?

The mediation process will begin by giving the parties an overview of how mediation works and the dos and don’ts they should look out for during the mediation process. They will also be informed about the role of the mediator and his or her boundaries throughout the mediation process. Parties will be allowed to ask any questions they may have to seek clarification on the process to avoid issues arising from miscommunication. Parties will then be asked whether they are comfortable using the process to resolve their conflict or prefer using another method. A unanimous agreement to use mediation as the conflict resolution strategy will be considered to be an agreement to proceed with negotiations.

What possible deadlocks could occur, and how will they be overcome?

The main deadlock that could occur during the mediation process is settling on the best recommendation due to the conflicting impacts of each recommendation. This deadlock will be overcome by considering the long-term impacts of every recommendation. For instance, while constructing a new school may be expensive, it will help in moving the school to a safer neighborhood hence increasing enrollment. Renovating the school is, on the other hand, not as expensive as reconstructing a new one, but it may result in a reduction in enrollment because of the unsafe environment in which the school is located. It may also be hard to favor the interests of the negotiating parties and the City Council because of the additional costs needed to ensure that the school meets state safety standards. This deadlock will be overcome by focusing on the main state safety requirements that need to be met urgently and those that can be met gradually without putting students at risk.

References

Hanaway, M. (2020). The mediation process. Psychologically Informed Mediation, 21-26. https://doi.org/10.4324/9781003055990-4

Mayer, C. (2020). The mediation process. Intercultural Mediation and Conflict Management Training, 77-93. https://doi.org/10.1007/978-3-030-51765-6_10

Moore, C. W. (2014). The mediation process: Practical strategies for resolving conflict. John Wiley & Sons.

Tjosvold, D., Wan, P., & Tang, M. (2016). Conflict-positive organizations: Applying mediation and conflict management research. Advancing Workplace Mediation Through Integration of Theory and Practice, 219-230. https://doi.org/10.1007/978-3-319-42842-0_12

Wander, J. (2016). Mediation in the conflict resolution process.

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Once a conflict reaches a state of stalemate and begins to enter the de-escalation phase, it is time to decide which strategy will work best for the resolution of the conflict. But how do you move from opposing demands to reconciling the interests of all parties to the conflict? One famous story is about one of the sisters who were arguing over an orange. Both sisters wanted the orange and could not come up with an amicable resolution to their conflict. Once they finally reached a stalemate, they were able to realize that one wanted the peel for cooking, and the other wanted the inside of the orange because she was hungry. In the end, the sisters were able to reach an agreement that left both parties in a win-win situation. Since not all conflict resolution is this easy, it is time to briefly discuss five different types of integrative solutions to conflict resolution before moving on to the main topic of the week, mediation.

Conflict Management and Resolution – Mediation

First, there is the option to expand the pie. The premise behind this solution is simply to ask how all parties involved in the conflict get what they want. In the example with the sisters, they both spoke of what they wanted and were able to maximize their gains by talking through the problem. In other situations, expanding the pie may require additional use of resources. For example, if two companies are interested in unloading their shipments on the same day, one way to accommodate would be to widen the delivery platform, but due to budgetary constraints, that particular solution may not be an option.

A second option is a nonspecific compensation. In this solution, one party gives the other some sort of payment in return for accommodation. In other words, one party is buying what they want from the other. This solution may work in some cases where the conflict concerns a particular position but is less likely to be feasible when the conflict is over a basic need. Would you take a bonus at work for skipping dinner to meet a deadline? If the answer is yes, then how many times would you do it until you no longer wanted to forego dinner? The third option is called logrolling. In this type of solution, the parties to the conflict prioritize the issues and concede what’s low on their list for what is high on the list of the other side (e.g., if employees ask for a 15% raise and a break extension of 10 additional minutes in negotiation between labor and management of an organization). Management may agree to the full raise if the employees drop the request for additional break time. In some ways, this type of resolution is an extension of nonspecific compensation.

Cost-cutting, or specific compensation, is the next type of resolution worth mentioning. In this scenario, one party receives specific compensation that lowers their frustration level with the outcome. To reach this type of resolution, a certain amount of knowledge must exist about the needs and interests of each party. The final type of integrative resolution that can be reached in a conflict situation is called bridging. In this scenario, neither party to the conflict receives what they initially wanted, but a new, better option arises that everyone is amicable to. Think about a situation where you’re sharing an office space with someone who wants to open a window. You want the window to stay closed so you won’t get a chill from the draft. You both reach a resolution where a window in the next room, which is vacant, can be opened. In this new solution, you both win because there is still fresh air coming in, but you’ve successfully avoided a direct draft.

As you digest the readings for this week, consider all the approaches just reviewed to potentially resolve conflict – and how important it will be for you as a mediator to have the ability to quickly identify the interests under the surface of the conflict.

This week, you will view a case through the eyes of a mediator. Read the Portsmouth School Board case found in the resources section for this week and answer the following questions:

Note: Before you jump into answering the questions below, make sure you take some time to briefly introduce the conflict. What is the conflict about? What are the positions and interests of the involved parties? Who are the parties to the conflict, and how has the conflict progressed to this point? Also, keep sensitive pieces of the conflict in mind. Are there any cultural, ethnic, or gender-related issues in this conflict – and if so, how will they affect your decisions regarding the entry phase of the mediation?

Who should be involved in the mediation effort?
What is the best location for the mediation?
What physical arrangements need to be made?
What procedures will be used?
What issues, interests, and settlement options are important to the parties?
What are the psychological conditions of the parties?
How will rules or behavioral guidelines be established?
What is the general plan for the first joint negotiations in the mediator’s presence? How will specific agenda items be identified and ordered?
How will parties be educated about the process, and how will they arrive at an agreement to proceed with negotiations?
What possible deadlocks could occur, and how will they be overcome?