Mediation: A Process for Team Building
by
David B. Harwi, Esq. and George Reath, Jr., Esq.

Your manager of hardware cannot get along with your manager of software. Both are valuable members of your company and difficult to replace. Their relationship and attitudes are affecting morale and productivity. You have talked to both and each has participated in training programs on working together. All to no avail. Consultants have suggested everything from firing one or both to hiring a new VP to supervise both. None of these approaches was realistic. You decide to approach the employees to determine whether they would be willing to have a peer mediate their dispute.

The managers are suspicious of a peer mediator; they question her neutrality. Anticipating this, you have contacted a professional mediator to work with the two employees. The managers feel more comfortable with this arrangement after reviewing the credentials of the mediator and agree to give it a whirl. The mediator contacts each employee and begins the process of building trust. He provides them with written material explaining mediation and a questionnaire to help each organize thoughts and provide information to the mediator prior to the first get together. The mediator explains that the process is confidential and he will not disclose information revealed to him in the mediation unless authorized by the employees. He adds that he will not disclose information revealed to her by the employee in a private meeting unless the employee authorizes her to do so. He also commits to file no report with the company even though the company is paying his fee.

The mediator explains that he will not be fact finder or fault finder or an advocate for either employee. He is a neutral who is there to help the employees develop their solution to their problem. He will help the employees talk to and listen to each other. His goal is not to reach a settlement but rather to provide a forum where the employees can explore options and come to an understanding of each other’s perspective on the conflict. He explains that the mediation may involve several sessions, which will provide the employees an opportunity to reflect upon the proceedings.

The process starts with each employee discussing issues and concerns with the mediator. This allows the employee to articulate and organize her perceptions of the conflict prior to the first get together.

The employees then meet with the mediator. After an initial security dance, the employees find themselves beginning to express thoughts and feelings in the mediation that they had not previously considered discussing with each other. The forum provided by the mediator allows them to do this. Several more sessions are held and the employees begin to develop a new modus operandi. They can talk to each other more comfortably and address issues constructively. Although no formal agreement has been reached, the mediation is a success. The building of a team has begun.

© Triage Mediation Services Inc. 2000