Archive for September, 2008

What I’m Learning about Consulting…

I’m home from Austin now, happy to be driving on familiar roads again, although already I feel like the conference has made an impact.   I’ve got a to-do list a mile long of ideas, issues, jobs and opportunities that I want to check out.  There was even a workshop on blogging! I didn’t get to attend it, but I spoke with the presenters and will be linking their blogs to mine soon.  It was altogether a very positive experience. 

I read Chapters 5 and 6 of Block this morning.  It was a bit of reiteration from the last chapters, I felt, but he does really drive home the point of the importance of contracting, and contracting well!  At the end of Chapter 6, he gives an example of a co-worker asking another for help, and the latter does a great job of constantly clarifying and re-negotiating his role in the process.  The dialogue made me realize that I do get sucked into the “pair of hands” role occasionally, without even realizing it.  Block makes a good point that it may seem whiny and badgering to keep reminding the client of your role, but it is essential if you really want to “walk the talk” for your client and remain true to acting in the same way you are recommending to him.

I spoke to my “contact client” for my consulting project this morning, and it looks like this will be a good project for me based on my conflict resolution background and my teambuilding experience.  I am thrilled to finally have an opportunity to use some of the skills I have learned over the last year.  I think this will be a really positive experience for me… check back, and I’ll continue to reflect as the project progresses. 

Just some rambling thoughts on conflict res, and getting lost…

I’m sitting in my hotel room, watching the “Grizzly Bear diaries” on the Discovery channel.  What a weird man!  It is very late, but I am unwinding after what was a very long day and a very stressful evening.  I consider myself halfway decent with driving directions, but it took me almost 2 hours to find my way back to my hotel tonight….and I’m only staying 8 miles from the conference center.  I can honestly say that I have explored almost every part of Austin.  I was, however, about to blow a gasket dealing with these INSANE Austin highways.  It was very frustrating, and I basically drove in circles for 2 hours.  They don’t teach you hw to handle conflicts with inanimate objects in school…

But the rest of the day was nice!  I’ve enjoyed the conference, and most of the workshops have been helpful.  Today I attended a workshop on white privilege (attention ADLT 610-ers:  I was accessing my ignorance, so to speak), another on mediation styles (I am a fan of transformative with a bit of facilitative and narrative mixed in) and another on the “art” of questioning, which was quite interesting.  I previously attended sessions on transformative mediation in restorative justice and a very interesting workshop on “stomping the eggshells”, a discussion on race.

I told my sisters that my 2 goals for the conference were to get a better idea for a topic for my final project, which I will start next semester, and to find some job prospects.  I feel like I’m getting closer and farther away from these 2 goals all at the same time.  I have re-affirmed some themes and topics that I am partial to exploring further for my final proect:  AI and other large group interventions, community mediation, youth conflict res programs, and some sort of link between conflict res and experiential learning.  The real question is, what exactly do I want to do with these ideas?  When I get home, I will sit down and really look at what I can explore or research or plan with each of these topics.  Hopefully something will stand out to me, and soon!

Same with the career search.  Even though I still technically have another semester before I graduate, I’m getting antsy to figure out what I will do after graduation.  The conference hasn’t narrowed that down for me a bit; in fact, I have seen many new ways to apply a degree in conflict res. that I hadn’t even considered before.  Given the dismal job market, I’m thinking that this is a good thing. 

Tomorrow is the last day of sessions.  Hopefully I can blog one last time with some final thoughts on the conference.

What a day…reflections for my mirror

It’s 1:30 am…or 2:30 am, depending on which time zone you’re in, and I’ve just settled into my hotel room in Austin, TX, where I’ll be for the next couple days.  I’m here attending the national conference on Conflict Resolution.   I have been waiting for this conference for months, which sounds pretty dorky, but I’ve got high hopes!  I need a job, a thesis idea, and, I love the BookPeople (local bookstore) and Austin in general!  So, I’m looking forward to the next few days.  I just finished browsing the workshops being offered, and they all sound spectacular.  There are workshops on cross-cultural issues in mediation, forgiveness, the war in Iraq, doing conflict resolution with kids, gosh, millions more and I am going to have SUCH a hard time picking just a few to attend.  I really love a good speaker and I have a great feeling that this conference will really help me focus in on how to finish up my last semester of school and make plans for a career.

                                                                       

Of course, being here means I will be missing class tomorrow, so I wanted to jot some thoughts on the flute article…Yanow and Cook.  I read that article and felt kind of sheepish.  As I read it, Cook and Yanow write it sounding a bit exasperated with the standard school of thought, which is, naturally, what I had subscribed to until I finished reading the article on the plane.  I majored in Anthropology in undergrad, and I feel like I should’ve “known” that culture was going to tie in somewhere.  Of course, I am just learning all of this, so I don’t feel too bad.  But I loved their premise, and it does make much more sense than the other two theories on org learning. 

It’s funny, their argument that org learning is a group’s ability to ‘learn how to do what it does’, which builds an organizational culture over time, sort of addresses some of my gripes in previous posts about how hard it is to get people and orgs to change.  I was looking at it from the individualist view, and was stressed out just thinking about trying to get ALllllll of those people to change.  But looking through a cultural lens makes more sense to me, and also explains why it is in fact so hard to change sometimes- it is never as simple as getting a few people to change their minds or their ways.  Darn.

Old School mediation:

I better stop here…those great workshops won’t be too great if I’m falling asleep through them.  But, I will try to blog more throughout the weekend.  Last, thanks to my mirrors and others who left such nice thoughts for me about my confidence woes last week.  What a lift! :)

What I’m learning about Consulting….

Well, I am happy to announce that I finally got a hold of the Schein book for ADLT 610 the other day.  That’s right, here we are in week 5 of school and I’m just now purchasing the last of my books.  Let’s just say that the summer reading course drained the “school books” fund and I had to stagger my purchasing.  So, I have read Schein all weekend and have caught up on his stuff.  Hooray!

This means that I have learned all sorts of things about consulting.  Actually, I feel like I have known a lot of the information either through other classes or through work, but it’s always good to read it and spend some time thinking about the theories and practices.  One thing Schein talks about is the different types of clients that a consultant has… and knowing how those different roles may require different interactions and relationships.  I read this and thought about my last full time job (before starting grad school), where frequently I felt like I had a lot of bosses, even some who were not really bosses, but just thought they were.  Sometimes those bosses wanted different things.  Sometimes they wanted things that were in direct contradiction to what I felt I should be doing to best serve my clients.  Sometimes my clients were wanting things in direct opposition to what my bosses wanted.  It could get very tricky, and I often had to verbalize (very politely, of course) that I felt like I was being given opposing orders. 

Back then, even though I was “consulting” according to Block’s definition, I had none of the power of an outside consultant.  Reading through Schein’s case studies, I am reminded of a weakness I have.  Frequently, I know the right thing to do, I can practically visualize myself doing it, but somehow sort of cop out at the last second and take the road more traveled- usually this means I rush through my “consultation” work and fall into the “problem solver” role.  In my work as a facilitator, I often push myself to remember to stop and ask questions, to take time, to breath, to not rush through.  I ultimately think it is a matter of confidence.  Although I am a confident person, I am often nervous in that role, and feel like I lack the credential to speak authoritatively.  I know that with more practice, I’ll be better able to be a confident consultant.

This confidence issue resurfaces whenever I read the course readings and was also on my mind during my summer reading course on mediation.  It makes me very impatient to start DOING stuff; to start mediation training, to do some consulting projects, to DO DO DO instead of read read read.  I know that the practice will complete all of this coursework and make it all come together.  I’ve also started job hunting, as I know that I’ll be ready for full time employment in a few months.  It’s a bit discouraging, because in many cases, I have the education necessary for the job, but not nearly enough of the work experience.  It’s actually pretty hard to find entry level work in my fields, and when I do find these positions, my education is usually way beyond what is needed.  Sigh.  I am looking forward to the spring, when I can begin mediation training at least.  In the meantime, I’m a little nervous with lots of book smarts and not so much hands on, but I know it will all blend together perfectly in a short while.   Keep your fingers crossed for me!

Reflections for my Mirror

This week we read about the creation of the Hubble telescope and all of the problems that arose during that process.  As I read, I recalled that last semester in Dr. Carter’s groups and teams class, we also read about NASA and another disastrous project (can’t recall if it was the Challenger explosion or something else?).  Man, talk about an organizational culture.  If you couldn’t “see” that concept before- if the idea of organizations having a culture seemed vague before- then this should clear it up for you.  As I read the article, I lost track of how many times it was written that someone ‘thought they should do something, but decided not to’, or didn’t feel like they could, or was denied access to something, told not to worry about something….and so on.  Not to mention how many times it occured that there was no more money or no more time…

I am neither a huge fan of Nasa nor do I think it’s a waste of money.  I’m fairly indifferent.  But if we’re going to spend all of those billions of dollars, it seems that “quality” would have been of more concern to the different agencies involved in building Hubble.  Although, as a layperson and not a scientist, I have to say that  incorrect curve in the mirror or not, that thing is still kicking out some pretty amazing images!:

 Beautiful! 

But I imagine that as a scientist for Nasa or for the company that manufactured the null corrector and mirrors, it’s a bittersweet image.  I was also struck by the ownership of information in the story of the Hubble.  It seems only the people who weren’t really around, but who controlled the purse strings could really make any decisions regarding quality control with the telescope.  The people that were on the floor, the scientists, knew what they were doing  but essentially had no power to  make the right decisions.  Or, in the aftermath, claimed that they felt powerless to do something.  Peripheral folks- outside observers, consultants- who felt that there could be glitches were told to buzz off by the people who “knew what they were doing”.  This egoism by the scientists could be their own reaction to being held powerless themselves.  But in such a technical case, which such specific knowledge, what a tragedy it is that the knowledge was almost useless.  So much for the expression “Knowledge is Power”.

It isn’t really a shocker that only the money-holders had power.  That seems to be always the case.  But when you read a full example of the huge misfortune this can bring, it really hits home.  Think about the levees in New Orleans, or any number of architectural and engineered structures designed to keep us safe.  Can we assume that the people in the know have the power to access their knowledge and make the right calls?

                                              

Cynical much?

I woke up early today to work on my wiki post for this class, and had a hard time focusing my thoughts because I was feeling very cynical about organizational development in general.  Then, I read a couple of classmates’ posts, and found that their thoughts tied into my cynicism.  Since that seems to be my theme for the day, I think I’ll stick with it for this post as well.

Are all OD people just naive?  Or is everyone else just in the dark?  I say this because I keep encountering folks who laugh at my thoughts on OD as silly.  I really enjoy my OD-type classes, and I’m admittedly an easy sell:  I think this stuff just makes SO much sense once you explore it.  Similarly, at my job at a teambuilding company, I encounter people (clients, not the staff!)  who think it’s so cheesy and/or ineffective, but to me again it seems like a no-brainer.  We are, fortunately, frequently able to change their minds.  So, are OD people just overly optimistic, unrealistic, idealogues who really think that companies should re-arrange their desks and change how they address their employees and things will improve?  Obviously that’s oversimplifying things, but I at least do believe that the literature on OD is moving in the right direction, and it requires every company to take a good look at what they’re trying to get from their company and from their employees, at who they want to be, and if what they’re currently doing will get them there.  It reminds me of that quote… if you do what you’ve always done, you’ll get what you’ve always gotten.

I felt better today after reading in Chapter 5 of Dixon that she seems to suggest that many companies do not do a lot of this ‘OD’ stuff.  I’m not just a cynic, it really isn’t happening.  Now I’m just depressed.  If this is such a great way to organize our work-world, how the heck do we convince everyone else?  It seems like we have such a monumental task in front of us. 

My younger sister and I were talking about her company last night.  As she describes the silly things they’ve done in the process of merging several companies into one, I’m struck by all that they are doing “right” (by OD standards, anyway).  She sees my point, but also thinks some of it is frivolous and a waste of money (mostly renaming all staff in an effort to be consistent and help all employees feel like a “family”…she thinks that’s silly and costly).  But I was energized to hear that there is someone out there who keeps one eye on what kind of culture they want their organization to have, what type of company they want to be. It is refreshing for me, personally, to work at the teambuilding company, because it requires me to think in that mode and to strive for better than the average business model.

I like that question a lot:  what kind of culture do you want your organization to have?  It’s not much different than asking ourselves what kind of person do we want to be; what kind of character do we want to have?

Consulting Skills…

Hello 610! 

I’ve been tasked with thinking about what I expect to learn from this course… Well, I took ADLT 625 last semester- Change Strategies for HRD Consultants- and that was a doozy of a class!  I learned a ton, and what sticks out as I think about this course is a day last semester where we did a role play.  We were put into 3 teams, given a scenario, and had time to plan a change strategy. Then, we had to present it to our professor, who was the “Boss” that we were trying to get to choose our consulting team for the project.  It was pretty difficult, and made more life-like because the professor gave us limited options of who we could ’speak to’ at the company to learn more about its issues.  After we presented, the professor gave some pretty realistic feedback and I definitely learned that theory is not the same as practice.  If you prance into the office with all of these models and terms from your ADLT class, you can get shut down with a simple, “that takes too long” or “I don’t believe in team building”  from the boss.

Anyway,I’ve drifted off topic, but what I’m hoping for is a continuation of that role-playing idea:  how to really be effective as a consultant, but also, as Peter Block says, how to stay true to yourself and not just say what people want to hear.  It is always important to me to have the pragmatist view handy (yeah, but will they spend money on that?) as well as the theoretical close by (there is a strong undercurrent that these employees are ready to blow and need some serious team building!).  I’m also looking forward to both the Block and the Schein texts providing some really good insights and examples; I’ve enjoyed them so far and i think they’ll provide great food for thought.

Oh, and I hope to get really good at all of this technological stuff!  I love using them and think that they will really serve us well.

Other than that, I’ll prepare to be surprised….

How I Spent My Summer Vacation: Ten things I learned about conflict and mediation

This summer, I registered for an Independent Study course.  I decided to create a course in order to supplement my degree in Interdisciplinary Studies at Virginia Commonwealth University.  VCU has been kind enough to allow me to focus my studies on Conflict Resolution, loosely based on a conflict resolution degree I began at another school. VCU does not offer much in the way of traditional conflict resolution courses, so my coursework so far has included several classes on conflict theory, some adult learning courses, counseling classes, organizational development topics, and more.  As a department of one- me – I felt like I was missing some key elements of a conflict resolution degree, and also, since I hope to graduate in May, I wanted to learn more about the ‘real world’ of conflict resolution.  My career goals include eventually getting certified in mediation, and I thought that I should have a firmer grasp of this process that is at the core of what many conflict resolution practitioners do.  Thus, I created a reading course to learn more about conflict resolution, and specifically about mediation.

 
So Many Books, So Little Time…

With the help of Dr. Carter (my advisor for this course), I narrowed down a very long list of books related to conflict and mediation to 6 or so that I thought seemed seminal, intriguing, and useful.  I chose these 6 from suggested reading lists from Northern Virginia Mediation Services, an excellent mediation center in Fairfax, VA.  Aside from offering mediation services to the community, NVMS also offers a mediation certification course, so their website provided a good reading list.  I also compared that list to book searches on the topic of “conflict mediation” on amazon.com, Google searches, and general literature reviews.  Some of the books I had heard of (particularly Getting to yes) and knew that these would be required reading for the field.  Others, like Erich Fromm’s Anatomy of human destructiveness, were not necessarily traditional conflict resolution reading but certainly related.  Ultimately, I chose 6 books that I hoped would cover the basics of mediation theory and practice without repeating each other, and threw in some psychology with Fromm.  Here are the books I selected:

 Collaborative approaches to resolving conflict (Isenhart, M. & Spangle, M., 2000)

The promise of mediation (Bush, R. & Folger, J., 2005)

The anatomy of human destructiveness (Fromm, E., 1973)

The mediation process (Moore, C., 2003)

Getting to yes: Negotiating agreement without giving in (Fisher, Ury & Patton, 1991)

The resolution of conflict: Constructive and destructive processes (Deutsch, 1973)

 Why Blog?

Initially, I was going to write a paper discussing the readings through the lens of a particular theme.  However, I soon realized that the books did not lend themselves well to any certain theme.  Several of them were basically textbooks, and while they did vary a great deal, there was also a lot of standard information in them.  Notwithstanding, I actually did enjoy all of the books a great deal.  Dr. Carter had the excellent idea of writing a blog instead of trying to force a paper topic.  She suggested that I simply write what I had learned from these books in the form of a blog.  I think a blog is a perfect forum for all of the thoughts that crossed my mind while reading these books, and hopefully someone will come along who can add their own comments, ideas and questions to my own.  In the end, I decided to narrow my blog topic down to ten things that I learned from my summer reading.  Many of these things are specific to mediation, but in many cases the lessons apply to conflict in general too. 

And here they are!

#1:  Not all mediation is created equal.

What I knew about mediation before reading these books was… not a lot.  I was a peer mediator in middle school, and I remember the fairly standard dialogue and procedure that we used; it was essentially the same routine for each conflict mediated:  very generic and not generally well received by fellow students.  I suppose it was engrained in my head that all mediation sessions looked more or less the same.  Not true, I soon learned.  Not only do the mediation styles vary wildly, there are entirely different schools of thought on the purpose and goals of mediation (more on that in a minute), and the roles of the practitioner.  In short, the actual practice of mediation can happen in many different ways.  Most of these schools of thought and styles are equal in theory, but since certain styles and approaches work better (or worse) with different kinds of conflict, it is definitely true that some mediation sessions go much better than others!

Also, the quality of mediation can range quite a bit too.  Several of the authors mentioned that a current concern among practitioners surrounds the training and certification of mediators.  Some mediators are certified with hardly any training hours; better programs require at least 40 hours of actual mediation practice.  Current mediators also have differing opinions on whether formal education programs (like my masters’ program!) are really necessary, or are sufficient without hands on training (Moore, 2003).  In my opinion, high quality training is probably sufficient for mediators, but not for other types of conflict resolution practitioners, and vice-versa:  a degree in conflict resolution will not, alone, prepare me to mediate.  As someone who will be working towards certification within the next year or so, this was very helpful information.  As I search for a certification program, I will definitely be looking for quality and not just a crash course in mediation.

 #2:  There are various schools of thought that disagree on the ultimate goal of mediation.

Here again, my naïveté led me to oversimplify the mediation process, and all of these authors (except Deutsch and Fromm) spend a great deal of time discussing the debate over what the ultimate goal of mediation should be.  In its most basic form, mediation is a process that leads to the settlement or resolution of a dispute.  For some practitioners, this is all mediation needs to do:  find a solution.  After all, isn’t that what people are paying us to do?  There are several other schools of though that disagree, saying that, while settlements and resolutions of course are a part of the process, focusing solely on those answers ignores all of the potential that mediation has for truly changing a conflict from a destructive to a constructive process. 

Other schools of thought argue that “dialogue, relationship and organizational change” are more important, particularly if we wish to prevent future conflicts (Isenhart & Spangle, 2000, 73).  Here, mediation uses more of a systems approach to ensure that not only is there an issue-specific solution, but processes and relationships have been altered enough to hopefully prevent future conflicts.  Still others promote mediation as a tool for social change, in that mediators have the unique capacity to help balance a playing field for parties with less power, and are often in a position to help improve social ills or wrongdoing.  Opponents of this view find that this approach is in direct conflict with a mediator’s call to be completely neutral.  Lastly, Bush and Folger (2005) opine that mediation can, and should be, truly transformative.  This approach posits that mediation has the capacity to “generate two important dynamic effects:  empowerment and recognition” (p. 22).  When done correctly, Bush and Folger argue that mediation can help change conflict from a destructive to a constructive process, transforming the relationships and the thought processes of parties in ways that ultimately will be more beneficial and effective than just coming up with a solution could ever be.

While these viewpoints are very diverse, most of the authors agree that all of them work some of the time.  No one, for example, is opposed to reaching a settlement.  But, depending on the conflict, just reaching a settlement may not be enough.  In some situations, a mediator may feel that correcting a social ill is beyond his or her scope; in others, it may be essential to address it in order to move past an impasse.  All of the authors suggest that new mediators should be thoughtful about which type of mediation is right for them, and for each conflict.  I’ll talk more about my own preferences in a minute.  Here is a good video example of a mediation case that achieved several of the goals above. Through mediation, the parties do find a workable, win-win solution, the parties, as well as a larger community is transformed, and with its focus on human and workers’ rights, this case clearly used mediation as a tool for social change: 

 Guatemala Transformative Mediation

 

#3:    I always see various shades of gray.

As I just mentioned, the authors suggest that practitioners spend some time considering what they believe the goal of mediation is, and also developing their own personal style with clients.  This was difficult for me, as I am never a cut and dry person.  See if you can keep up with my train of thought here….

The pragmatist in me knows that if I am receiving a paycheck, then I should aim to at least deliver a short term solution.  Many disputes, after all, are business disputes that are resolved with a reallocation of resources and a hand-shake, and life goes on.  On the other hand, I do consider myself an activist of sorts, and I wonder if I could ignore social justice issues that arose in a mediated session.  At the same time, I wonder if I would be able to stay impartial if I took a social justice approach to a conflict.  That seems very tricky to me, but to ignore an offensive social problem would not be in my character. I also believe in using systems thinking and approaching a whole problem, but again, it really depends on the conflict. 

As for transformative mediation, I think this is really where I find myself, but not without confusion!  As a facilitator at a teambuilding company, I think this is what we try to do there.  We ask people to dig deep, examine not just the conflict but the conditions surrounding the conflict, the feelings that accompany it, and the way that they have been approaching it.  We work towards a total rethinking of the processes and relationships that have created a problem and hope not just to find a better way but to leave people totally recommitted to looking at each other and their conflicts differently.  So while I think that mediators should never toss finding a settlement out of the window, I do believe that mediation is powerful exactly because of its transformational ability.  I appreciate the transformative beliefs that conflict resolution should be more than just an answer; it should be an attempt to help parties recognize their behaviors, challenge assumptions, and hopefully leave mediation not only with an answer but with a slightly changed outlook on the opposite party and on conflict. 

For now, that’s where I stand philosophically.  It may change when I actually enter the field and start practicing.  But the real lesson here isn’t that I like transformative mediation.  It’s that the approach I take will probably depend on the conflict itself, and likely it will always include a tinge of all of the above.  I just don’t think a mediator can say that every conflict will require transformative mediation’s goals, or that a solution is all that’s ever needed.

 #4:  Mediation is not always the answer.         Mediaton is often a last ditch effort.

Mediation, as it turns out, is not a self-promoting field!  Perhaps because it is often an avenue approached after other attempts have failed, I supposed that mediators would have to try twice as hard to convince people to use it.  I stand corrected, because these authors made a clear point that mediation is NOT right for all cases.  Mediation is most likely to be successful when the parties to a conflict have interdependent interests; they have to need each other to want to reach a resolution.  Also, the parties should be committed to the process of mediation and have a willingness to be open and honest, and be accepting of the mediator (Isenberg & Spangle, 2000).  In the absence of these and other qualities, mediation is likely to be fruitless.  On the other end, once mediation has begun, there are several times when mediation is no longer appropriate or useful.  A few examples of when it may be appropriate to suspend mediation are if the parties hit a stalemate and refuse to consider positions, if one party purposefully deceives or misleads the other, or if any party or the mediator feels that the issue would be better handled in a different forum. 

 More specifically, Fisher, Ury and Patton (1991) write that every party should develop a “BATNA”, which stands for “best alternative to a negotiated agreement”. A party’s BATNA is the best resolution that the party could hope for outside of mediation.  Anytime that a party feels that its BATNA is better than what is likely to happen in mediation, there is a chance that the party will choose to end discussions.   The mediator’s task is to continue discussions until both parties are getting better than their BATNAs, it is determined that the BATNAs are the best way to go, or mediation is suspended for another reason such as those above. 

I have to interject my own “lay person” thoughts here.  Maybe I’m just a cynic, but I keep thinking of situations in my life where I might have tried to mediate a conflict, and well, maybe I’m just hanging out with the wrong people, but I had to wonder if the authors ever encountered a person that really just wanted the other person to suffer and not get their way!  Of course they have.  And they address the issue by saying when parties are unable to move to a more principled style of negotiating, or cannot commit to stopping overt violence long enough to mediate, perhaps it’s time for the mediation session to end.  Or, maybe that’s when a more rigid style of settlement is required.  An example that comes to mind is mediation with children.  I have worked with challenging kids in many environments, and there are always the typical kid fights where one kid poured glue all in the other’s hair “just because”.  No, that’s not a true example, by the way!  For that matter, I work with grown adults here in Richmond who often don’t seem to care about getting to a better solution.  For lack of a better word, it seems that mediators might encounter folks that are just plain selfish, who might have no desire to ‘dig deeper’, and who really have no inclination to work towards a better relationship with the opposite party. 

I know that the obvious answer here might be that mediation, when done correctly, is designed to help move people out of exactly these positions and into a frame of reference where they are ready to look at what is really bothering them, and what the conflict is really about.  It may be that mediation will take a rrreeaaalllly long time, or maybe these people aren’t ready for mediation yet.  Or even possibly that what these people need is counseling, not mediation.  But as I tried to fit situations in the book to people or scenarios I’ve encountered, I kept thinking that one requirement of mediation may be a certain maturity level of the parties.  If that maturity level is not present, then the mediation style of the practitioner is certainly going to need to adjust for the immaturity factor for mediation to have a chance.  And if people really can’t commit to the process, then it’s probably best to end it.  Mediation, after all, is attractive exactly because it is not a courtroom and people often come to it because they do truly want a solution that is self-generated; if you have to force it, it probably isn’t genuine and it most likely won’t stick.

I always wondered what happened if the parties just could not reach an agreement.  I guess I thought they had to sit there until they worked it out.  Now I know.   Who says summer reading is a bad thing…

Sometimes mediators probably want to say this...

#5:    Interest-Based Bargaining is the way to go, Mom and Dad!

One of the most useful things I learned in my readings came from Getting to yes (Fisher, Ury & Patton, 1991) and that was the concept of using interest-based bargaining techniques instead of positional bargaining.  This is one of those ideas that I vaguely was aware of, but did not have a name for it.  Now I know, and I feel like this is such a better way to discuss just about anything!  Essentially, positional bargaining is often how most of us negotiate.  It means that we pick a position and refuse to budge from it.  We say, “I want everything and the kitchen sink, and not a penny less!”, and then we sit and wait for the other side to give in.  The problem is that positional bargaining typically does not work, and it also does not really get to the heart of the matter.  On the other hand, interest-based negotiation gets past petty positions and asks people to focus on what it is they really want, what it is that is really bothering them.  It gets parties down to their real interests and not just on holding a firm position or appearing strong in negotiations. It also opens up a TON of new and creative solutions when people begin focusing on what people really value, need or want, and not on some arbitrary, stubborn position where they have decided to stop negotiating.

I saw a recent example of this in my own family. My mom recently realized that my dad is spending approximately $39 a month on items she has deemed “wasteful”.  In an effort to show my dad what a waste of money it is, she has decided to take $39 per month herself, and spend it on “junk”.  My mom was describing this to me with glee, as she really thinks she will teach my dad a lesson with this.  I sigh as she describes her “great plan” to me, knowing that, really, what will happen is that my dad will think that is a stupid idea and he will get irritated.  And of course my mother will stick to her guns, declaring that if he gets $39 a month to spend on silly things, so does she.  They will solve nothing, and they will bicker for days, and everyone else will get very tired of both of them.

It just so happened that I was reading about the difference between positional and interest-based negotiating the very same day that my mother was telling me about her “new-found money” that she had come into.  “A-ha!” I thought, “Positional bargaining!”  I then tried to get my mom to state what she really wanted out of the situation, and what she was really concerned about; clearly, it isn’t the $39 a month allowance.  She would not change her mind.  If I were to add an 11th thing I’ve learned about mediation, it is that no matter what degree or certification you have, you cannot mediate your parents.  They will not let you, and even if they let you try, they will never take you seriously.  I can just hear my dad calling me “Carmie-warmie” and asking me to fix him a sandwich while I’m in caucus with him…

Oh, and just for the record, my parents have been married for over 30 years, and have been using positional bargaining probably ALL of that time.  So, at least we know that it doesn’t have to destroy a relationship, even if it does make life more irritating and problems much harder to resolve.  At least in my own life, I think I will make a more concerted effort to use interest-based bargaining.  In fact, whether you are interested in mediation or not, this is definitely the one topic that is VERY useful to know, as it affects how you handle any type of discussion, argument or dispute.  I highly recommend Getting to yes for that reason!

#6:  You can do it, mediators can help.

I had to borrow Home Depot’s motto for this one!  Their motto applies very well to the role of the mediator, specifically in a transformative mediation session.  I earlier stated that I find myself most drawn to the transformative school of thought.  However, another lesson I’ve learned is that transformative mediation, at least as practiced by Bush and Folger, is stylistically the one most different from my personality!  This means that I will need a lot of practice! 

Bush and Folger’s description of the role of the mediator, and the case studies they use to demonstrate, really struck me.  In transformative mediation, the mediator acts as a facilitator more than anything, and almost never says anything that is not a reframe, clarifying statement, clarifying question, or another type of restatement technique.  In a mediation scenario from their book, the authors point out several times that the mediator does not run the show.  The mediator allowed periods of extreme discomfort, flaring tempers and delicate topics to continue and let the parties work them out on their own without saying hardly a WORD.  Though the mediator was compassionate, invested and supportive, at some points in the dialogue he offered so little to the discussion that I kept waiting for one of the characters to ask him what he was being paid for!  I truly was struck by all that the mediator did NOT say.  At the same time, I was also struck by how creative, purposeful, practical and compassionate many of the settlements and solutions were in these examples.  And they were not created by the mediator, typically, but by the parties themselves.  People do know what they need, and they come to mediation not to have someone tell them.  They could go to a courtroom for that.  They come to mediation because often people just need a safe space and someone to encourage them to be assertive enough to state what they really need or want.

As I read, I recognized how hard that would be for me, and what a tough yet crucial skill it is to learn to let people work out their own problems, to trust that the parties can and will solve their dispute.  I left the books with a much clearer picture of the role of the mediator as someone who creates and holds a safe space for conflict dialogue to happen, often helping by clarifying information or asking questions, but rarely offering solutions or adding more than what the participants have already said.  And while I recognize that this is a skill I will need to work on, I do also appreciate why it is this way, and how empowering it must be to the parties to not be told what to do.  That is, again, one of the reasons people choose mediation over courts or arbitration.

A last thought on this lesson…  I read many examples and scenarios of mediation in these books, and most of them were not as quiet in their approach as the one in The promise of mediation.  Other transformative mediators may still have a range of styles that go from very directive to not very directive, like Bush and Folger.  Isenhart and Spangle (2000) explain that a more directive mediator may in fact be firmer and offer more structure to the discussion than in the scenario described above.  The mediator may call out inconsistencies, wonder aloud at solutions that have loop-holes, ask about the feasibility to monitor a solution, and so on.  But at the heart of all of the scenarios was the transformative mediation notion that people can do it, and mediators just help.  Ideas were not forced or shot down, discussion not stifled nor carried on endlessly, and undue pressure not given to the parties unless they did these things themselves.

Slipping back into my many shades of gray, I’d say that again, it depends on the conflict, and the people themselves.  The authors make note that, for example, if two people in mediation are going nowhere, breaking their word, not being honest or just lost in confusion, the mediator may need to use a more directive, “in charge” style to move the process through.  (Bush and Folger would disagree- they are never directive!)  But the important thing is that the decisions and the solutions are owned by the participants and not by the mediator. 

What happens all too frequently...

 #7:  Know when to mediate what.

This is a very technical piece that I found useful in Moore’s book (2003).  He writes that while going through the process of trade-offs, when the parties are making offers, concessions and responses to those offers and concessions, it is sometimes wise to juggle which aspects of the conflict are on the table at once.  More simply stated there is an art to knowing what to bargain first, last and in the middle.  Moore says that if relationships are poor and there is a lot of mistrust in the room or about the process, start the discussions with something easy, where a solution is likely to be found quickly and painlessly.  This gives the parties a positive feeling, an awareness that mediation can “work” and begins to help them see the other party more positively.  You then can move on to bigger issues, but can always return to an easy aspect if you need another win-win solution to re-energize the participants.

This technique can also mean that certain agreed upon trade-offs may be up for re-negotiation after other agreements have been made.  This is particularly true as parties come to realize which interests are most important to them.  In a simple example, if two divorcing parents are negotiating child custody, they may have agreed to how to pay for child education already.  Later, when discussing one parent’s religious views on how to raise a child, that parent may realize that they are more flexible on education than on religion, and perhaps a concession can be made for that parent to pay more towards college costs as long as the child will attend religious services each week. 

There really is an art to mediation, and it’s a delicate act that requires the utmost attention to what is being played out at the table.  A skilled mediator watches and moves at the moment he or she realizes that the time is ripe for an issue to be discussed that was previously too tenuous, or suggests to participants that they examine certain concessions they may make in order to get what they really want.  There were a million examples in these books, and they frequently amazed me…which brings me to my next lesson learned.

#8:  Stay in the conflict chaos for a while to generate the best solutions.

Another valuable tip I learned is that people tend to enter mediation and want to race straight to the solutions.  There is an inherent move towards figuring out the answer, often before the problem is fully understood.  Moore (2003) writes that often mediators will need to convince parties of the need to generate multiple solution options before deciding.  As I read through case studies and examples, I was struck by how creative and out-of-the-box many of the solutions were, and I it became very clear that many of those unique, win-win solutions could not have been discovered or agreed upon earlier in the session. 

Parties sometimes dismiss the “rest” of mediation- everything but the ultimate discussion on ‘who gets what’- as fluff.  But trying to agree on a solution without hearing and truly understanding the other side’s point of view, or in a heated, angry environment, or before all of the issues have been discussed is not likely to work well.  If you want great solutions, you have to really invest time in the first two-thirds of the mediation process:  explaining mediation, building relationships, hearing the stories, discussing interests (not positions!), and brainstorming many, many ideas for solutions.  Most of the authors say that if you can get parties to move towards interest-based bargaining, you can find out what their real interests are, what they truly care about or desire.  Then, you can design solutions that really will satisfy them.  The authors present these very touching examples of people who really “come around” to mediation, albeit not easily, and create these ingenious solutions that work for everyone.  Mediating in this way increases your chances for reaching that one really great solution (or many really great solutions!) due mostly to the fact that you have built a relationship between parties, and their common interests and shared concerns now provide a basis for a good, working agreement.

I note this as a lesson because the authors agree that this is a frequent mistake of mediators:  they rush through the beginning and later realize that they have not built enough common ground on which to build a solution. 

#9:  And now a word from Fromm and Deutsch

So far, I haven’t mentioned Eric Fromm or Morton Deutsch at all, mainly because their books (Anatomy of human destructiveness and The resolution of conflict, respectively) dealt more with the psychological or philosophical sides of conflict.  But they do provide useful insights into why people get into conflict in the first place.  Fromm’s book tackles the extremely dense topic of why humans are destructive.  As he writes it, while other species are violent, no other species is violent just for the fun of it.  Other animals may fight and kill, but only by virtue of their instincts and needs for food, safety, preservation, etc.  Humans have the sad distinction of being the only species which kills, rapes, and more without any inherent, instinctual need.  While others have written this off as man’s nature, Fromm argues that based on evidence from the fields of anthropology, archaeology, psychology and others, men are not naturally evil, but are instead products of an increasingly complex civilization.

If I can attempt to summarize what is an extremely long and dense book, Fromm eventually posits that humankind has created a society that is anti-natural and man-made, and in doing so, has created in humans a sort of existential crisis where people are so far removed from a natural state that even heinous acts do not feel real or bear much weight on the soul.  That is a huge shrinking of what Fromm says, to be sure!  Below, in his words, is a description of this “death culture” we live in (bear in mind that he was previously talking about necrophiliacs, so the quotation starts out a bit startling!):

 The new type of man, after all, is not interested in feces or corpses:  in fact, he is so phobic toward corpses that he makes them look more alive than the person was when living. (This does not seem to be a reaction formation, but rather a part of the whole orientation that denies natural, not man-made reality.)  But he does something more drastic.  He turns his interest away from life, persons, nature, ideas- in short form everything that is alive; he transforms all life into things, including himself and the manifestations of his human faculties of reason, seeing, hearing, tasting, loving.  Sexuality becomes a technical skill (the “love machine”), feelings are flattened and sometimes substituted by sentimentality; joy, the expression of intense aliveness, is replaced by “fun” or excitement; and whatever love and tenderness man has is directed toward machines and gadgets.  (389)

 In another passage, he writes:

 Let us begin with the consideration of the simplest and most obvious characteristics of contemporary industrial man:  the stifling of his focal interest in people, nature and living structures, together with the increasing attraction of mechanical, nonalive artifacts.  Examples abound.  All over the industrialized world there are men who feel more tender toward, and are more interested in, their automobiles than their wives.  They are proud of their car, they cherish it, they wash it… and in come countries many give it a loving nickname.  They observe it and are concerned at the slightest symptom of a dysfunction.  To be sure a car is not a sexual object- but it is an object of love; life without a car seems to some more intolerable than life without a woman.  Is this attachment to automobiles not somewhat peculiar, or even perverse? (381)

 And a last one:

 Do we not have to admit that contemporary technical man is not motivated by a passion for destruction, but would be more properly described as a totally alienated man whose dominant orientation is cerebral, who feels little love but also little desire to destroy, who has become…an automaton, but not a destroyer? (387)

I apologize for so many long quotes, but it is pretty hard to paraphrase the intensity of Fromm’s writings!  Before I discuss how this relates to my understanding of mediation, I’ll add Deutsch’s thoughts on a similar topic.  Deutsch’s The resolution of conflict: constructive and destructive processes (1973) asks the question of what characteristics or conditions make a conflict constructive or destructive.  He believes, as do most mediators, that conflict can and should be constructive.  Conflicts, after all, can lead to new and creative solutions, better relationships, and improved understanding of our individual worlds. But often conflict occurs in such a destructive manner, and Deutsch explores what makes conflict less destructive, so that we might channel it to be that way. 

One main argument he makes is that conflict tends to be more destructive when parties are in competition with each other.  On the flip side, when groups or people are in a cooperative relationship, conflict tends to be more constructive.  He notes that in communities, cultures or relationships where there exist cross-cutting ties, it becomes harder for conflict to take on a destructive nature.  If we know and understand someone or some group, it becomes harder to create an enemy out of them.  He suggests that this is why racial (or religious, or ethnic…) conflicts are often so deep and entrenched. When people and groups begin to see others as themselves, it begins to create an environment where cooperation is more likely.

I think the link to mediation is pretty clear here.  The other four authors all stress, in various ways, the role of the relationship between the parties.  Whether it’s not rushing to a solution, allowing parties time to present their stories, seating parties on the same side of the table instead of across from each other, or asking questions such as “If you were in his shoes, would that be an acceptable solution for you?”, mediators are continually trying to bridge the seemingly large gap between parties, helping them find common ground and shared interests, and focusing on their shared needs rather than their opposing ones.  Fromm’s thoughts on man removed from a natural state includes the sad (but often true) idea that humans no longer know how to relate to each other.  We are all about processes and objects. Mediation has as its strength, and its challenge, the ability to help people re-connect to that basic need to know, understand and love others, and to have those things in return.  If Deutsch is correct, and I believe he is, we can facilitate more successfully if we can assist parties in relating to each other so that they are more willing to be cooperative instead of competitive. 

Particularly in divorce mediation, one of the most frequent responses to mediated cases is that the parties leave feeling more human, and less like the monster that the divorce had created.  But even in the business world, the need for human relationships is not lessened.  Examples in the texts abound.  For instance, in environmental disputes, mediators frequently had environmental representatives as well as business people talk about their children and families and what the outdoors meant to them as a way to connect these opposing groups, and to show that even with contradicting desires about land usage or the environment, both groups felt a personal connection to an area.

I could really write another 30 or so lessons that I have learned about mediation from these books.  Many of them would have something to do with the emphasis on relationships that every author writes is essential.  The idea of mediation as a tool to re-humanize people and their problems is encouraging and refreshing.  It is why I am drawn to it as a practice.

#10:  Easier read than done.

The last thing I have learned is that, while I have learned so much from reading these texts, I am now faced with the overwhelming awareness that reading, understanding, agreeing with and believing in all of these ideas, attitudes and procedures is NOT AT ALL the same as being able to successfully mediate!  I finish these books with the resignation that it will take nothing more than good old fashioned practice, practice, practice.  I will need to get certified, certainly, but even beyond that, I have a long way to go in discerning my own style and approach in mediation, developing the techniques that I read about, and becoming better at relating to people in mediation, and helping them relate to each other.

In a few weeks, I am going to the national conference on Conflict Resolution.  At the conference, there are a ton of great workshops that will continue to broaden my understanding of the field and its practice.  I also hope to begin the certification process next spring, and it will be interesting to compare that process to what I’ve begun to learn now.  What I can say is that I feel like reading these books has definitely increased my interest in mediation as an avenue to pursue, by changing my conception of mediation from a set-in-stone, step-by-step procedure to a much more collaborative, fluid, intuitive process.  Previously, I had thought I would get certified just as a back-up in case I needed to mediate on the side.  Now, I am excited by this much fuller idea of mediation and the ways that I can see myself using it in my future.

If you read this far, thank you!  Stay tuned, and I will continue to post my thoughts and learnings as I continue this journey.

Reflections for My Mirror

Tonight was my first night in 623- Organizational Learning.  I spent the last couple of days trying to catch up because I’ve missed 2 classes already, and I have read through some of the wiki and blog posts… Sounds like I have already missed a lot of great discussions!  But this is why I selected this course to be my last ”for the fun of it” course… lots of great people in there with good ideas and thoughtful reflections.  So I am looking forward to being a part of it!

We covered a lot in class and I know I should have a lot to say about organizational learning in general, but there was one thing that stuck out towards the end of class that really caught me.  I wanted to blog it down before I forot it.  It was during our discussion on the bratwurst company, and somewhere (either in the paper from last year or maybe in their website?) Dr. Carter read that they value “Un-learning”.  That is, when they find out something doesn’t work, the company values being able to LET GO of an idea and move along to exploring what DOES work.  My first thought was, “How refreshing!”  Being willing to un-learn something is such a valuable skill and one that I feel like is hard to find.  People get attached, personally, to ideas, to methods, to doing something just because “that is the way it is done”, and lose track, sometimes, of examining WHY we are doing something.  And when we discover that an idea or method doesn’t work, or doesn’t help us reach our goals, it is really in our best interest to un-learn it with cheer, since it isn’t working for us anyway.  But I know in my own experience it is very difficult to get people (myself included, sometimes) to take a good look at the ‘why behind the what’ and then be able to change courses if needed.   Even at the teambuilding company where I work, it is difficult.  There, at least, we are aware of the habit and try to call ourselves on it when we identify bad habits.  But if it’s hard to do at a teambuilding company, how much harder is it in an environment that’s even less cognizant of un-learning?

If I can get political here for a second, I’ve been saying for a while that a trait I admire in politicians is their ability to continually evaluate issues and decisions, to keep up as issues move and change and require new thinking.  I am happy to have a word for this now; I admire politicians who are willing to UN-learn ideas that do not work any longer, without ego, embarrassment or shame. 

Off the soapbox now.  I will also add though that this relates well to my field of Conflict Resolution, in that many of our conflicts (and the way that they are handled) are the results of our ability or inability to un-learn our ways of dealing with conflict: how we talk to people (or not), how we go about negotiating with people, etc. 

I see this aspect of an organization’s culture as being so important.  Being able to un-learn can really encourage progress/change/empowerment, but being stuck in our ways when life is saying otherwise can really ruin an organization. 

Better late than never…

Hi everyone!

I’ve just officially joined ADLT 623 as of this morning!  Figuring out my schedule this semester was a tricky thing, but here I am, and I am looking forward to having class with all of you tomorrow. :)   For now, I am voraciously reading and trying to catch up on what I’ve missed…and I also wanted to see if I could in fact create “categories” on this blog–hence, this first post under the category “ADLT 623″.  If it shows up under the other page, you’ll know I haven’t quite figured this out yet.

Ok, back to the reading.  See you all soon!

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