Mediation in companies and organizations
Dr. Javier Wilhelm
Mediation is a new service to help citizens resolve conflicts arising within the social structure, their community or the company they work for. It is about the creation of a space that operates in the direction of “preventing conflict” and improving the quality of urban life.
Mediation is a conflict resolution procedure in which an impartial third person, the mediator, helps the conflicting parties, guiding a negotiation and guiding in the search for satisfactory agreements for both parties, without making decisions about what should be the result
Organizations are a breeding ground for conflict, both internal and external. Mediation is a way of resolution for these. Alternative Dispute Resolution (ADR) techniques in this area have some particular characteristics that differentiate them from others. The processes of continuous change are an opportunity for the creativity and innovation of those who live there.
Mediation does not come to make up for the shortcomings of the judicial system, nor is it presented as an alternative to justice; it just proposes a different path with practice and knowledge about conflicts.
Mediation is a relevant instrument, which changes the attitude of the parties towards the conflict and their degree of participation in its solution, simultaneously developing a profoundly strengthening behavior for the organization. In this way, it becomes a learning model within a Culture of Negotiated Conflict Resolution.
Mediation contributes not only to obtaining solutions to problems, but also to strengthening the relationships of the people involved, which is why we consider it preventive (as it improves human relationships and promotes a better quality of life).
Traditional forms of dispute resolution
We come from a culture where we have been trained to discuss and try to find logic in interpersonal problems. And every time we try to apply these “teachings”, we realize that it is impossible to reach agreements. Sometimes we can’t even agree on what we’re arguing about.
Next, I will try to illustrate why these difficulties occur.
How can you describe the dynamics of communication in a discussion?
- Each part becomes more rigid.
- Neither side tries to develop an idea different from the two that are clashing.
- An indefinite amount of time, energy and costs are trapped in a deadlock that can last a long time.
- The creativity and ingenuity of each party do not aim to improve their idea, but to ensure the defeat of the other.
- In the end, the idea that wins is the strongest, but not necessarily the best.
Why is discussion language used?
- To prove someone wrong and point out all possible sources of error.
- To show that someone is inconsiderate or insensitive.
- To make an impression on others.
- To cast doubt on the certainty of an interpretation.
- To force an exploration on a subject and open the mind of the other party.
It is obvious that the most desirable thing is to bring about a thoughtful change of thought, but unfortunately this is rarely the case.
In organizational mediation we propose a language of exploration where, from the beginning, the parties participate creatively in the planning and evaluation of new ideas. They negotiate collaboratively to reach a real, enforceable agreement, with guarantees to be able to negotiate in case of future disagreements.
Conflicts in organizations
Growth and change are the natural environment of next generation companies. But change is also the reward of success: as they grow, their founders have to see everything from a new perspective: roles, organization, and policies.
People in management positions must be aware that disputes will develop both inside and outside the organization. No department is an island, and will recreate structural conflicts that will be repeated in other sectors. This complex framework should warn us about the amount of facts that happen and of which we may not be aware.
My experience
In recent years I have worked as a business consultant, visiting around 180 organizations. I have worked in Alternative Dispute Resolution (RAD), training staff and advising on problem solving between them and with clients, as well as in negotiations between different areas of the same company.
I have come to the conclusion that a RAD device, tailored to each organization, is a good idea to channel conflicts that arise. It can be an internal service or a provision of an external consultant in collaborative negotiation and mediation techniques, helping to manage disputes in a preventive and educational way.