LEADR  'kon gres 2009
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Mediation or education? What do people really want and need?

About the session

Do parties in conflict situations really want mediation or would they rather have the skills development to deal with the issues themselves? Does mediation really empower people?

Mediation is not a substitute for education.

People prefer to resolve their issues themselves if they can, rather than use independent third parties such as mediators. People want to keep control of their resolution process.
In trying to resolve their issues themselves, people want to be able to use skilled supporters, such as their lawyer or union representative, to help them with advice, strategy and negotiation. People feel they can retain some control of the outcome this way. However, this assistance may also push them into an overly adversarial posture and process.

The danger of mediation is that it can reduce parties’ power, by the mediator exerting control and managing the outcome. For example, people can feel disempowered if the mediator separates the parties and manages the communication. They can feel pressured into accepting an outcome they are not really comfortable with.

Parties’ roles in mediation can range from ‘active participants who lead the dialogue face-to-face throughout the session’ to ‘passive recipients who have no interaction (after the mediator’s opening) and are kept apart throughout with shuttle negotiations by their representatives and the mediator’.
The key to achieving resolution is not the mediation process itself, rather it is the process mediators use to assist parties. This process is what parties should be doing themselves anyway, but are not able to, and so benefit from help in doing so. The process that should be used is similar whether or not a 3rd party is involved.

This is a generic resolution process for constructively addressing issues, whether they be conflicts, negotiations, problems, change, etc. It involves constructive dialogue, clarifying issues and interests, exploring options and designing an agreed outcome.

Most people do not know the process for dealing with difficult issues. Conflict coaching gives people some skills to deal with conflict situations, particularly the ones they are currently in. But people need to have the skills to manage issues themselves when they arise.

All people should know the basic model for resolving issues. We are taught most of the basic skills we need to live our lives but not how to resolve issues. If all people were taught this then they would be truly empowered.

Danny Crossman has developed a 7-step model for resolving issues, outlined in his book ‘Shared Solutions’.

Podcast: Listen to Danny talk about his session (6 mins) >>

Besides his conflict resolution activity, Danny has a strong interest in animal protection. He is a supporter of several animal welfare associations and is currently writing a book about animal emancipation. Danny is also a keen bush-walker and swimmer.

 

Danny Crossman

danny crossmanDanny Crossman has operated his mediation and conflict resolution consultancy, Prosolve Consulting, for 16 years, assisting clients in many organisations in both the public and private sectors, primarily with workplace issues: mediating disputes, investigating complaints and grievances, and facilitating negotiations and committees.

Prior to this Danny was Manager Employee Relations with ANZ Bank. Danny presented his model for resolving issues at the Sydney LEADR Conference in 2005, and it was published as a book ‘Shared Solutions’ in that year. Danny was a member of the Victorian LEADR Chapter Committee for several years.

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