Alternative dispute resolution (ADR) is simply any other method of resolving disputes rather than bringing a matter to the legal system to settle. One such method is mediation, which has been developing since the enactment of the Mediation Act 2004 and, by extension, the Mediation Board of T&T.
Managers and organisation alike detest having to resort to litigation to resolve disputes and are looking at alternative methods to implement within their companies. This is due to the high cost that is associated with the litigation process, the damages done to relationships, the negative impact to the company's brand image, the very lengthy process and, of course, the unhealthy working environment.
Mediation is one alternative method that is available to an organisation, which attempts to manage and resolve conflicts whilst saving costs, time, relationships, brand identity and foster a healthy environment for staff to work.
In my experience as a career coach and mediator, I have been observing the similarities with coaching and mediation which led to further research into this subject matter. Coaching, such as life, executive and career is about a conversation between the coach and the client (the coachee) whereas the coach tries to get the coachee to move from where he/she is currently to where they want to go.
This is done by asking questions, listening and guiding individuals to taking action on their goals.
The International Coaching Federation (ICF) defined coaching as "partnering with clients in a though-provoking and creative process that inspires them to maximise their personal and professional potential." Trained coaches are guided by a specific or general model that guides the process.
Mediation is also a conversation, although more structured, between a mediator and the parties to the conflict. Mediation is a process in which a neutral third party, the mediator, meets with the parties to the conflict and actively assists them in reaching a settlement.
The mediator facilitates the disputing parties through a process which will help them reach an agreement to resolve the conflict. This process is less confrontational than litigation, saves time, confidential, parties have more control of the decision making and preserve business relationships.
Cinnie Noble, in her book titled, Conflict Management Coaching, defined conflict management coaching also known as conflict coaching as a one-on-one process in which a trained coach helps individuals gain increased competence and confidence to manage and engage in their interpersonal conflicts and disputes. She states further, that it is a goal oriented and future-focused process that concentrates on assisting clients to reach their specific conflict management objectives.
Let us look at a real-life scenario:
Both Brian and Janice asked to be the lead on their company's new project, and their boss decided to appoint them as co-leaders. This situation has resulted in much tension between them. Initially, Janice and Brian both made an effort to work out their differences to help the project succeed. However, they are now openly arguing, and their colleagues are beginning to take sides. Janice is ignoring Brian, who does not want to go to the boss about this situation.
In a situation like this, do you think it will be better to use conflict management coaching or mediation to resolve this conflict? Noble suggests that both methods can be used to resolve the problem that Brian and Janice is having.
Their boss can recommend that a coach should work with Brian and Janice to help them manage their emotions that can escalate when they feel they are not getting their way on the project. Also, mediation can be used to help the parties resolve their conflict as long as they agree to have a mediator work with them.
Noble created the CINERGY model after many spending many years practicing as a lawyer and mediator.
This model consists of seven steps:
�2 Clarify the goal: determine what the client wants to achieve in coaching.
�2 Inquire about the situation: listen to what caused the problem by allowing the client to share and clarify who the client is having a dispute with.
�2 Name the elements: help the client analyse the elements of conflicts; increase their self-awareness; consider the other person's point of view and review their goals.
�2 Explore choices: help the client explore possibilities for a plan of action to reach their goals.
�2 Reconstruct the situation: get the client to confirm a choice or select the order of choices and develop a plan of action to take.
�2 Ground the challenges: to consider any challenges that may delay the client's plan once he/she has decided on the plan.
�2 Yes, the commitment: to hear the client's takeaways; discuss task for moving forward and acknowledge the efforts of the client.
Conflict management coaching is a skill that is becoming critical to the success of many organisations.
Daniel Goldman, author of Working with Emotional Intelligence, said: "the rules for work are changing. We are being judged by a new yardstick: not just by how smart we are, or by our training and expertise, but also by how well we handle ourselves and each other."
Managers and key employees must see the importance of effective conflict management as a career-development skill. Having excellent technical, financial and job-related skills, is critical, but if you are not a good managing conflict, you may have difficulties in advancing beyond your current level.
Managers and executives must be able to motivate people, to build teams and work with key external and internal customers. You must ask yourself these questions: what will you do when you find yourself in the middle of dispute with you colleagues? What do you think the outcome will be like? Would it a win-win or win-lose or lose-lose? Would your relationship with that person be stronger or would it destroyed?
Let's face it, conflicts will always occur because we must interact with people not only in our personal, but in our professional lives. How we react and handle ourselves in a situation will determine the outcome. We must learn to take ownership of our actions and create a workplace that addresses the needs and concerns of everyone in the organisations.
Nashroon Mohammed, BA (Hons), Dip LC, CCC, CLTMC is a career coach and mediator with the Mediation Board. She is also a member with International Coach Federation (ICF) and board member of HRMATT. Her contact is: coachnashtt@gmail.com