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COMMUNICATION
AND CONFLICT
BY WAJIHA KHURSHED
Introduction
Conflict is inevitable and not necessarily harmful. No matter what the
conflict, it can be managed in such a way that losses are minimized and
gains maximized. The inevitable conflicts that life involves may range
from simple personal choices about whether to spend one’s last few
cents on a jellied, rather than a glazed, donut to global war. One response
to conflict is avoidance: flight, not fight. The other is to seek resolution
by taking action in one form or another.
Significantly, with the exception of direct consensual resolution between
or among the contending parties themselves (negotiation), in the entire
4.5 million-year-plus presence of our species or our immediate forbearers
on earth only 3 methods of conflict resolution have regularly been used:
violence) interpersonal, intertribal and international) third party intervention
(arbitration, litigation, etc.) and some form of mediation (negotiation
facilitated by neutral third party).
Mediation defined: What is mediation? Why mediate?
Mediation is facilitated communication for agreement or facilitated negotiation.
Central to mediation is the concept of “informed consent”
to participate and reach a resolution. Mediation is a process. The core
value in mediation is that the process provides the parties with an opportunity
to negotiate, converse and explore options aided by a neutral third party,
the mediator, to exhaustively determine if a settlement is possible. Mediation
involves a determination of interests of the parties. Interests are the
needs, wants, and the desires that are of importance to the parties. Mediation
provides a forum for the principled negotiations…it is the bullet
train to certainty and finality.
Communication skills in mediation: Do’s and Don’ts
Always avoid the following, as they may prove barriers in effective communication
as a mediator : ordering, directing ,commanding, warning, threatening,
promising, moralizing, preaching, ‘shoulds’, ‘oughts’,
advising, giving solutions or suggestions, teaching, lecturing, disagreeing,
blaming, judging, criticizing, giving logical arguments, praising, agreeing,
shaming, ridiculing, chastising, interpreting, sympathizing, consoling,
supporting, probing, questioning, interrogating, withdrawing, distracting,
humoring, diverting.
Good communication skills include active listening, dynamic personal interaction,
knowing the anatomy of anger and anger control, emotional literacy, managing
verbal aggression, going beyond the “ I “ statements, and
focusing on interests. Understanding the other person’s interests
can help move the discussion toward solutions which meet needs on both
sides and knowing ones’ own interest unlocks new ideas. Intuiting
and probing are two skills of listening. A successful conversation invents
options for mutual gain that give a more satisfactory response to the
interests of both sides.
Obstacles to successful mediation
Some key obstacles that may ruin and doom the mediation process are as
follows and should be avoided:
• High levels of conflict.
• Low motivation to reach agreement.
• Low commitment to mediation.
• Power imbalance between the parties.
• When fundamental principles of parties are at risk.
• When resources for settlement are scarce.
Mentoring and coaching training in mediation
Mentors and coaches support us on journeys. Throughout our lives, we embark
on intellectual, moral, spiritual, emotional, and physical odysseys. We
encounter and reach out to figures that guide us through our fears and
challenges. Mentors and coaches provide insight, understanding, good advice,
determination, and motivation. Mediators are required at times to mentor
and coach stakeholders in collaborative processes. The field often focuses
on how to support new mediators in developing their skills and knowledge.
The mentoring/coaching relationship is a particular kind of developmental
relationship. This kind of relationship is one where one person takes
on the responsibility to motivate another to learn, expose them to new
learning opportunities, and support their development.
The mentoring and coaching training focuses not on what do I do and how
should I do it but how to be. A mentor/coach is a way of being, that can
be learned. The mediators have rich experiences with mentors/coaches in
their lives, and already mentor and coach stakeholders in the process.
They also read books in which the mentor figure was central. The training
does not tell them what to do but elicits from them the personal qualities,
developmental moments, climates, and characteristic behaviors of mentors/coaches
and relates this knowledge to the contexts that their learning partners
will be in. Mediators being trained to mentor and coach will also have
to practice specific skills or behavior which are as follows: set goals
with learning partners, create a climate for coaching and mentoring, develop
trusting mentoring relationships, manage expectations and requests, observe
and give feedback and encouragement, frame and ask questions, surface
dilemmas, set challenges and evaluate and let go.
In the training the RESOLVE mediators are learning how to structure situations
with their learning partners that support the learning partners as or
even satisfying participation unless the parties are at a place in their
conflict and in a frame to listen, trust, and relate in a dignified way
with each other and accept the role of the mediator as the catalyst to
transform the chemistry between them.
Managing the mediation environment and its importance
Environments send messages. The environment in which the mediation occurs
can strongly influence the success of the mediation. This environment
includes the physical surroundings that affect people’s bodily comfort
levels. It also involves some less tangible elements : the parties’
relative levels of power, their feelings of safety, the and arrangements
that convey respect. Mediators should pay close attention to all these
details. It is helpful to create a reusable checklist of environmental
factors so that systematic evaluation of each factor that is encountered
in the light of what the mediator wants to achieve in each mediation is
possible. Establishing comfort, preparing the main room, the caucus rooms,
arranging tables and chairs, planning food, and managing time, and other
ambience issues are all a part of maintaining a good mediation environment.
PREPARED BY WAJIHA KHURSHED
CLASS OF CONFLICT RESOLUTION AND
CRISIS MANAGEMENT
M.A. (PREVIOUS) 2003
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