EMBRACING THE MEDIATION CULTURE

(A New Dawn in the Management & Resolution Of Conflicts and Disputes.)

Mediator Yemi

Dear friends, prepare for and get ready to embrace a paradigm shift. Yes, .. .. from the paradigm of Mediation - as simply an available dispute or conflict resolution method or process - to a new paradigm, wherein Mediation and the mediatory mindset are embraced as a fundamental part of the culture and lifestyle, of individuals, communities, and corporate organizations. 

I am driven by the firm conviction that the principles of Mediation best achieve their goal, when founded on the right inner mind attitude. An attitude that is forgiving, conciliatory, considerate of other views and is thus inclined to listen. An attitude that is inherently amenable to consensual resolution of conflicts. The time afforded for the mediation process is too short to inculcate this disposition.  Its absence is reflected in the “digging in,” that is, so often, one of the greatest obstacles to achieving a successfully mediated settlement. It is why either party is reluctant or unable to see the other party’s view, or even is totally indifferent to it.  Granted, that it has occasionally been possible to redress this paradigm gap by calm, respectful, unambiguous (specific, definitive, clear) communication, together with a gentle, yet firm reframing, as necessary.  Nonetheless, it would always have been much better if the parties were persons who had imbibed a mediatory mindset, previously.

The corporate organizations should lead the way. No doubt it will be an uphill – but, certainly not impossible – task, persuading our colleagues in HR management to support the promotion of policies which make a mediation mindset, a fundamental part of the corporate culture. (“Who moved my cheese?”) Yet, it is expedient that, in much the same way as safety-consciousness has become an intrinsic part of the corporate culture and lifestyle, we must now begin to establish, promote, and encourage a similar commitment and adherence to the core values and virtues of the mediatory lifestyle.

Consensual resolution of conflicts and disputes must become the preferred option, by far, for corporate organizations and hopefully, individuals, too. Just as it is now a widespread practice of modern organizations to celebrate accident-free days or minimal down time from incidents, so also, I believe that the time has come when organizations should celebrate minimum or no “down time” for disputes and conflicts, both internal and external, as they routinely do today, with respect to HSE policies. In the words of Saundry and Wibberley, 2012:

“… … there needs to be a recognition of the longer-term and indirect benefits of conflict management and its centrality to meeting commercial and strategic organizational objectives.”

The aim of the mediation mindset or strategy in corporate organizations will be not only to prevent or minimize awareness of conflict, it will be to ensure that the attitudes and responsibilities for the successful management of conflicts within them, as well as the pertinent expertise and resources, are appropriately adjusted, managed and applied. Generally, more attention ought to be paid to the use of formal mediation in the workplace.  

And this will be even more effective if it done in the context of an organizational ‘mediation mindset or culture.’   Put in another way, organizations need to adopt more integrated approaches that locate conflict management as a central element of HR strategy, recognizing that, as the adage goes, a stitch in time saves nine. It is crucial for HR, given its significant frontline role of operational managers in constructive conflict management, to facilitate and promote the development of a culture of consensual, conciliatory resolution of conflicts. This includes on-site, hand - in - hand assistance, and adequate training – in mediation, conflict coaching, and possessing strong theoretical knowledge on the complexities of organizational conflict handling skills.

A possible starting point is in establishing and sustaining guidelines for inter-personal communication and relationships within the organization. To give just one example, organizations could begin entrenching the principles of Non-Violent Communication as a standard for all internal and external verbal and written communications, both official and non-official. It would mean inculcating values such as love, mutual respect, non-discrimination (racial, ethnic, religious, or sexual), non-violent communication, and consensus seeking. It would also mean, among other standards, encouraging staff away from a culture that regards one another merely as rivals, fighting each other for promotions and rewards, in a pyramid structure. The organization would motivate its leaders to develop a passion for becoming good listeners, bridge builders and team players.

These would form the basis of all interpersonal relationships within the organization, applicable when addressing conflicts, such as workplace rights issues, sexual harassment.   Mediation will be adopted as the preferred definitive process for resolving all such issues and the conflicts and disputes arising from them. A listening ear will become a core value of the organization.

Multiple benefits arise from offering mediation as a workplace dispute resolution option, such as the following:

●    With the mediation option available, workers are more likely to avoid conflicts and, when they do inevitably occur, they are more likely to resolve them with minimum damage or disruptions to theirs, or the company’s relationships;

●    Productivity and morale are enhanced by the knowledge and trust that there always will be a way to resolve disputes and conflicts when they arise;

●    The mediation mindset inculcates the development and practice of effective communication and problem-solving skills, as well as empathy, where appropriate, with obvious benefits to all workers, as well as their respective families, and the company; and

●    It facilitates the speedy resolution of disputes, while minimizing the impact of these on the corporate finances and bottom line.

Mediation at the workplace has been found consistently to result in an elevated level of satisfaction from its users and settlement rates of 80 to 90% of conflicts and disputes tend to be the norm. The speed, informality, and relatively much less expensive process of mediation also minimizes long-term harm to working relationships within and outside the organization. This is unlike the adversarial processes, e.g. litigation, arbitration, disciplinary committees, panels of peers, etc., which are longer, formal (and thus impersonal) and substantially more expensive both in terms of money, as well as the value of executive and other manhours.

Recently, Yetunde Hofmann, managing director of international leadership and change consultancy, Synchrony Development Consulting, has said in a recent interview, that employers must begin to see their employees, not just as profit and cost centres, but truly as persons. She warned that we should soon see a trend in which top-tier professionals “will abandon employers who fail to change their ways for more ethical rivals when [current Covid-19 related] lockdown measures begin to ease”, and that, very soon, “professionals will navigate towards those organizations that value them as individuals, not just as money-makers.” I will be bold to suggest that adoption and promotion of the mediation culture and lifestyle, will be an important way in which organizations can demonstrate to such professionals and other employees that, indeed, they do so value them. A major paradigm shift!

Another way of entrenching this mediation/mediatory culture is the adoption of a consensual, conciliatory model for all disciplinary processes within the organization. The focus needs to be on proactive conflict prevention and management in the workplace. It is about implementing a "mediation mindset" across the entire organization. This will then be extended to resolving conflicts and disputes outside the organizations with those with whom it interacts and transacts business.

A win-win mind set thus becomes a daily way of approaching the organization’s transactions and the relevant negotiations. Such a mind would always be guided by its recognizing that balanced agreements tend to be less prone to defaults. Cost benefit analysis would become an integral part of the process for addressing controversies, disputes, and suits. Lawyers and other professionals representing the organization must necessarily buy-in to the culture. This can be achieved by regular conferences and reviews between in-house and external counsel, to attain mutuality in views and mindset. In this regard, the organization would make clear to external counsel that it would give priority to counsel who have training and accreditation in Mediation, Mediation Advocacy and are committed to the notion of a consensual, non-adversarial approach to the resolution of internal and external conflicts.

Internally, members of the in-house legal team responsible for the organization’s disputes portfolio can be encouraged by appropriate incentives to promote and integrate the use of mediation and other ADR methods in their resolution strategies and policies. These incentives can be in the form of bonuses or targets attached to these members who obtain additional Mediation and other ADR training and/or who use those processes to resolve disputes. In the same way that organizations track cost-savings in other expenses generally, they should also be able similarly to track the savings in legal costs (both direct and indirect) resulting from enhanced Mediation and other ADR usage. Cost-saving targets could therefore be set for the disputes portfolio legal team, and these could, in turn, be attached to bonuses.

Recent court docket congestion and the difficulty of successfully resolving cases in trials nowadays, has meant that Mediation is fast becoming a more reliable, effective, and affordable option than ever before. Doubtless, adopting the Mediation culture is the way of the future, and that future has already come. Quantum leap! I am afraid that any organizations and individuals that are slow in adapting to, and embracing this reality, will soon be left behind.