In this section, we aim to explain some of the key terms used throughout the TCM website.
The definitive guide to mediation
This section provides a definitive guide to the theories and principles of mediation. TCM mediators draw upon many theories, approaches and practises during their work. This depth of knowledge and ability to apply a tried and tested approach to a specific set of circumstances means that our mediators and facilitators are equipped to resolve even the most complex workplace situation.
Each definition contains up to the minute best practice along with details of useful websites and experts in each field.
Appreciative Inquiry (AI)
“People live in the worlds their questions create ….. if you wish to change your world, you must change your way of asking questions. It could be the moment you do so, a totally new world will take shape around you.” From the Encyclopaedia of Positive Questions, Whitney et al, 2002.
AI can enhance mediation when the mediator can focus on what has been good, what has been positive and how that positivity can be recreated within the future world of the party.
Examples of four key AI questions used by TCM mediators when working with groups who are experiencing conflict:
- What has been your best experience of working in your team - a time when you felt most alive, most engaged, and proud of yourself and your work?
- What’s really important about this experience?
- What do you value most about it? What do you value most about your work?
- Without being humble, what do you value most about yourself and the way that you do your work?
Key Authors: David Cooperrider, check out this website http://appreciativeinquiry.case.edu/
In most jurisdictions, arbitration is considered part of Alternative Dispute Resolution family (ADR), however, in the United Kingdom it is not considered ADR due to its close links with litigation.
Arbitration is a private method of dispute resolution, chosen by the parties themselves as an alternative to litigation. The process is facilitated by one or more third party (the arbitrators) who has the authority to make the decision (award). The outcome of arbitration can either be binding or non-binding. In cases of alleged unfair dismissal or claims under flexible working legislation, the arbitration service Acas run an Arbitration Scheme.
The parties can choose the arbitrators, the process, the governing law to be applied and the seat of the arbitration. The practice of resolving disputes by arbitration only works because it is held in place by a complex system of national laws and international treaties.
There are several differences and similarities between arbitration and mediation and perhaps the most important one is that in mediation the parties have the authority to make the decision. The mediator (third party) is there to facilitate the process. In arbitration the parties do not make the decision, this is why some theorists say arbitration is not ADR and is similar to litigation.
Redfern, A. and Hunter, M., (2004), Law and Practice of International Commercial Arbitration, (4th Ed, student version), Sweet and Maxwell, London.
Belbin Team Role Inventory
The assessment includes a self-perception questionnaire as well as 360-degree feedback from team members, and it scores individuals on how strongly they express traits from the nine Team Roles. Belbin Team Role Inventory is not a psychometric test and the Team Roles are not equivalent to personality types; an individual often exhibits strong tendencies towards multiple Team Roles. Another key distinction is that Team Role preferences are not fixed as factors such as a new job, promotion or other life change can influence behaviour.
Belbin Team Roles are useful when mediating team disputes or when rebuilding teams post-conflict. They can improve self-awareness, understanding and communication amongst teams, and in so doing help team members to recognise each other’s strengths, play to those strengths and build a more effective and contented team. As a healthy team comprises all nine roles, team members who have previously clashed over differing work styles can learn to value each other’s unique roles and contributions to the team. Belbin can also help to identify gaps that may need filling in a dysfunctional team and help the team to understand why there may be particular clashes.
Check out the Belbin institutes website for more information www.belbin.com
Cognitive behavioural therapy (CBT)
- Cognitive therapy, which is designed to change people's thoughts, beliefs, attitudes and expectations.
- Behavioural therapy, which is designed to change how people act.
CBT is based on the assumption that emotional distress is caused by the way we think, and that changing our way of thinking alleviates worry, anxiety and emotional distress.
There are two elements to this approach:
- How you think about yourself, the world and other people and how this influences your thoughts.
- How what you do (behaviour) affects your thoughts and feelings
In CBT, the way a person thinks underpins feelings and behavior. The therapist helps the individual to examine their self-beliefs, perceptions and thinking patterns, and identify how this impact on their emotional wellbeing, and actions. Setting homework between sessions is a key part of CBT, which may consist of journal and diary keeping, as well experiments to test out new ways of thinking and responding.
TCM mediators apply CBT approaches in our mediation practice. In particular we assist the parties adjust their cognitive distortions (perceptions of a threat or harm) by engaging them in a process of future focused and needs based questioning.
Party - "I don't want my manager to shout at me"
TCM Mediator - "How do you want your manager to communicate with you?"
ConciliationConciliation is very similar to mediation and the two terms are often used interchangeably..
In conciliation, as in mediation, an independent person (the conciliator) tries to help the people in dispute to resolve their problem. This can be done over the phone where the conciliator speaks to both parties or it can be done in person, though in conciliation, unlike mediation, the parties often do not meet. The conciliator will talk to each party until concessions have been made and an agreement is reached.
In mediation, the mediator tries to guide the discussion in a way that optimizes parties’ needs, takes feelings into account and reframes representations. In conciliation the agreement can be binding where as in mediation it is not. The conciliator should be impartial and should not take one party's side. The parties in dispute are responsible for deciding how to resolve the dispute, not the conciliator.
ConflictConflict is often unavoidable, it is inescapable and in many organisations it is a healthy expression of creativity, diversity and change.
Conflict can exist between two or more individuals or within groups who perceive their goal to be incompatible. Incompatible goals can include needs, values and interests.
At TCM, we view conflict as the result of loss which arises from these unmet needs. As with grief, the parties in dispute experience:
- Stage 1 : Shock, Denial, Numbness
- Stage 2 : Fear, Anger, Depression
- Stage 3 : Understanding, Acceptance, Moving
(For more information on loss in conflict and our reaction to it, click here)
Other definitions of conflict describe it as a result of hostile behaviour or/and including incompatible goals. This results in a “unique” type of conflict behaviour where individuals demonstrate destructive responses to conflict in order to achieve their own goal.
It is the destructive conflict behaviour that causes damage to the relationship between the parties.
Mediation aims to get to the root cause of conflict by helping the party in a dispute to understand their own needs and interests and also that of the other party. The overall aim is to bring those goals closer together in order to understand the common ground to enable the parties to reach agreement.
Bartos, Otomar J, and Wehr, Paul., (2002), Using Conflict Theory, Cambridge University Press, USA
Mediation can be employed at any stage of a conflict but is most effective in the early stages to prevent escalation of the dispute. The learning resulting from a conflict situation can then be applied to help in the prevention of future conflicts.
Conflict resolution is an increasingly important feature of organisational systems and cultures. Conflict resolution brings many benefits:
- Resolves intractable and destructive conflicts
- Identifies the root cause of conflict
- Encourages modification of behaviours and attitudes
- Promotes cohesion.
Mediation is a form of conflict resolution which also falls under the “Alternative Dispute Resolution (ADR)” banner.
EmpathyEmpathy is the capacity to understand another person’s feelings and experiences. It is often described as ‘putting yourself in another person’s shoes'.
Empathy is core to a successful mediation. Firstly, mediators must be able to feel and demonstrate empathy towards both parties, if they are to build trust and rapport with the parties and encourage the parties to share their stories openly.
Secondly, mediators help parties to appreciate and empathise with each other’s experiences, values, needs, perceptions and feelings. Mediators do this through encouraging and facilitating open and honest dialogue, particularly about the feelings and needs surrounding the conflict.
Empathy is not to be mistaken with sympathy or pity, both of which show partiality.
Check out this website www.cnr.berkeley.edu/ucce50/ag-labor/7article/article40.htm
The key difference though with evaluative mediation and other forms of mediation is that the emphasis here is less on each person’s positions, needs and interest but more firmly focused on their legal rights and securing a a legally binding solution. The evaluative mediator structures the process, however they also directly influence the outcome of mediation. Evaluative mediation can be seen as the tool of the courts to help resolve cases which can be prolonged in the court system.
Facilitative mediation is empowering to the individuals involved in a dispute as the sole goal is to help those involved gain an understanding of the factors that have led to the issues that they have had. It has been said that facilitative mediation is not solution focused enough, however there is an approach to mediation which takes the key components of facilitative mediation and points them directly at a firm resolution.
This model of mediation acts as the basis for TCM's FAIR model of mediation which focuses firmly on the parties, their narrative, its impact and what they need from the other person involved in order to move the relationship out of conflict.
Fight or FlightThis phrase, so dubbed by psychologists, refers to our body’s fundamental and innate responses that prepare our bodies to react to a perceived threat to our survival. When activated we respond to our environment in a far different way than when inactive.
In brief it overrides all rational thinking as the system seeks to maintain one thing only and that is survival either through getting away from or eliminating the danger. It is argued that the same hard wired system within our brain still operates today and is stimulated by acute stresses and the perception of any threat to our well being.
To that end when in conflict, for instance at work, we recognize that potentially there is a lot at stake and much of that ties in to the fact that we are at work as part of a survival mechanism (to get money nourish ourselves) when our job status or position at work is threatened it is easy to see why the body may take this as a very serous threat. Individuals will be on heightened alert to anything which feeds into their perception of the threat and this could certainly be seen as irrational behaviour and overreacting from those who are not perceiving the same threat.
It is essential for mediators to be able the recognize the behaviours which are involved in fight or flight reactions in order to help parties rationalize their own behaviour by considering alternatives and reflecting on how these reactions may affect others. For example a party who leaves the room as soon as the person who they have been in conflict with enters, may be asked to consider how this may be perceived in the other persons mind and if whether that is something they would want; if not, what alternative ways of dealing with the situation are available?
Check out this website www.thebodysoulconnection.com/EducationCenter/fight.html
LitigationLitigation is a form of dispute resolution. Unlike ADR litigation involves a judge who has the authority to make decisions. Each party is represented by a lawyer to argue their case.
Unlike mediation or conciliation, litigation is not voluntary or confidential and can take a long time to resolve. In mediation, disputes can be resolved in one day and at very little cost to the parties. Litigation is a process known to destroy the relationship between the parties where as mediation and other ADR processes seek to preserve the relationship.
Parties often enter into litigation under the premise that they will have their day in court, be victorious, humilate the other party and walk away vindicated and richer. These outcomes are rarely achieved.
It is the most costly dispute resolution process in current times. The process has rules and procedures governed by law. The judge makes his decision based on evidence and the argument put forward. It results in a win/lose outcome. In litigation, any decision is binding on the parties where as in other ADR processes it is not.
Mediators create the conditions for dialogue using a non-adversarial, non-partisan approach. The final outcome of mediation is one which is mutually acceptable - agreed by the parties, not the mediator.
Mediation can be used by anyone who is experiencing a conflict or a dispute at work. If you wish to use mediation, it is generally advisable to speak with your manager or HR Officer who can make the necessary arrangements. Alternatively, please call the NATIONAL WORKPLACE MEDIATION HELPLINE 0800 294 97 87 to discuss your needs in absolute confidence.
MediatorA third party who works with all parties in a dispute to help them to secure a positive and constructive resolution
The mediator doesn't judge who is right or wrong, nor do they take sides. Mediators identify the parties underling needs and interests and they create the conditions for respectful and dignified dialogue.
Mediators create the conditions for constructive and positive dialogue between parties in dispute.
The skilled mediator:
- Listens actively.
- Identifies the root cause of the conflict.
- Reframes the conflict and helps the parties to adjust their language and communication.
- Encourages the parties to focus on their interests and needs rather than their positions.
- Demonstrates empathy and encourages appreciation and empathy between the parties
- Uses principled negotiation techniques to help the parties secure a sustainable agreement
A mind map creates a clear picture/ map of all relevant and interlinked points. Mind Mapping may be used to capture or structure information being received from parties at any stage of the mediation
It is particularly helpful during the 1st and 2nd meetings as it helps the mediator build their mental picture of what is going on for the parties. Key Authors: Tony Buzan Key.
Check out these websites:
In this context, narrative mediation differs from the more frequently practiced interest-based mediation and focuses on the construction of an alternate story or narrative. This model “assumes that disputes are rooted in conflict-saturated stories that parties have developed throughout their relationship” (Picard and Melchin, 2007).
The mediator works collaboratively with the parties to help build a better understanding of the narratives behind the conflict. Mediators look for the social, historical, cultural, and personal factors and assumptions that under pin the conflict in order to help the parties create an alternative narrative based on cooperation and mutual respect (Picard and Melchin, 2007). Interest-based mediation focuses on the problem itself and the outcome. Narrative mediation encourages a deeper exploration of the relationship that allows participants to “reconstruct the conflict to not only resolve the immediate issues but to disengage” from the conflict-saturated stories in an attempt to achieve deeper understanding (Nagao and Page, 2005).
Picard, Cheryl A, and melchin, Kenneth R., (2007), Insight Mediation: A Learning-Centered Mediation Model, Negotiation Journal, President and Fellows of Harvard College, USA.
Morgan, Alice., (2000), What is Narrative Therapy? An Easy to Read Introduction. Angela Nagao and Norman R. Page
Non Violent Communication (NVC)
The four components of NVC are:
- Objective OBSERVATION of a specific event or behaviour – “When you...”
- Expression of the resultant FEELING – “I feel/felt...”
- Expression of unmet NEED – “Because I need...”
- Specific REQUEST – “Next time, please could you...?”
NVC can be very useful for mediators, as it can enable centred speaking and active listening to occur, and for the needs of all parties to be met. In particular it has the following uses:
- In the individual meetings with parties – if parties are struggling to articulate their story, NVC can give them a helpful structure;
- In the joint meeting – as above, if parties are struggling to express themselves, NVC can provide a useful model;
- Post-mediation - when reflecting on your mediation practice, creating NVC statements can develop self-awareness around your triggers, strong feelings and needs. When debriefing with a co-mediator, it can provide a safe, non-blaming way to discuss challenges and give feedback.
Check out the Centre for Non Violent Communications website www.cnvc.org
Problem solvingProblem solving forms part of our cognitive processes. There are many approaches to problem solving, depending on the nature of the problem and the people involved in the problem. The Problem solving techniques typically used and involves, are clarifying description of the problem, analyzing causes, brainstorming and identifying alternatives, assessing each alternative, choosing one, implementing it, and evaluating whether the problem was solved or not.
Problem solving is a key skill for mediators to enable the parties to explore alternatives in resolving their dispute. The mediator will facilitate the process so that parties work collaboratively together in resolving their dispute resulting in a win/win outcome.
Restorative Justice (RJ) is an increasingly important and effective form of justice. Its focus is on wrongdoing and crime against the individual or the community.
The person who has harmed takes responsibility for their actions - within RJ, it is recognised that the person harmed has an important role in the process. This can take the form of an apology and reparation directly or indirectly from the person who has caused harm to the victim. Critically, Restorative Justice often promotes dialogue between the victim and offender.
Restorative Justice shares many values with those that are the foundation of Mediation:
- Honesty, respect and empowerment
- Positivity and appreciation
- Voluntary nature
- Healing and transformation
Check out this website for more information www.restorativejustice.org.uk
Solution Focused Brief Therapy
- What are your best hopes from this therapy?
- What would your day-to-day-life look like if these hopes were realised?
- What are you already doing and have done in the past that might contribute to these hopes being realized
From the outset, it is about moving forward and is based critically on the outlined needs of the individual and the questioning style used is not too dissimilar to the challenging questions asked by mediators in the second meeting of the TCM FAIR Model.
The facilitator acknowledges and appreciates the position of the party as the starting point for their question and then poses the question from this point to examine the individual’s range of generating options and results from the position they are in to where they want to be. This is very similar to the way in which we as mediators try to help parties to consider their needs and alternative options before entering the joint meeting.
Check out this website www.brieftherapy.org.uk/
Total Quality Management (TQM)
Total Conflict Management (TCM) is a company that applies TQM constantly throughout the organisation to give continuous added value to clients. We also apply TQM principles in our management consultancy and strategic change management activities.
Check out this website www.isixsigma.com/me/tqm
TransformationMediation is a process which tends to result in a transformation in the relationship between parties, whatever the outcome. This is because mediation tends to involve the sharing of new information and often a fresh perspective to a situation due to the nature of the process and the role of the mediator, who is a neutral third party.
Through the application of learning outcomes through a process such as mediation, a transformation can occur which can help to create an environment less prone to conflict.
John Paul Lederach is an international peacebuilder and an advocate of conflict transformation. He views conflict transformation as constructive social change and less in terms of skills and processes. Another leading expert in the field is Johan Galtung.
Check out this website www.beyondintractability.org/essay/transformation
Unconditional Positive Regard (UPR)
Unconditional positive regard is the love we receive from other people for who we are as a person, regardless of our faults. It is a concept in client-centred therapy, which was created by Carl Rogers.
Carl Rogers considered UPR as one of three conditions necessary for positive change, the other two being Empathy and Genuineness.
This is a concept important in Mediation as it also encourages us to see parties in a positive way: worthy of the mediators support and capable of finding their own solutions to a conflict situation through empowerment.
The UPR approach incorporates elements common to mediation such as:
- A non judgemental attitude
Check out this website www.thecounsellorsguide.co.uk/unconditional-positive-regard.html