Introduction
As a member of an organization, we often encounter various conflicts in all aspects of the organizational structures and its processes and systems, particularly its standards. This is especially in true in state government agencies, where standards and structures are bound by traditional bureaucracy and rigid rules and opaque measures and remedies. The example of a conflict which this paper will analyze is the conflict of confronting an employee during times when the state policies are not followed. Compliance is an everyday thing in state agencies and this is also a root cause of tension and conflict.
This is a serious conflict in the sense that non compliance can be subject to administrative cases. It also means a lot of paper works and backlogs. It also connotes a sublime threat on the part of the employees and the boss since the process of compliance can also be considered a political matter. More so, non-compliance is also reflective of the public trust which al government employees need to uphold and promote. As explained, there are other outcomes which may be unexpected or unforeseen.
This paper will analyze the conflict and the required personal mediation skills or any other skills that will help in the process of promoting smooth organizational relations and effective working relations among the government employees. It shall outline the ways by which these conflicts should be approached. It will also tackle how the personal mediation skills help in the process and how one can further develop such skill to enhance his/her conflict management skills.
Conflict and How it is Resolved
I am a regulator for the state government. I face conflict mostly in auditing a lending organization, when the procedures being performed are not in compliance with state regulations. I also train new state examiners. Conflict often comes when the newly hired employees are over-zealous in citing licensed lenders simply because they themselves sit in the position of a manager and did things that were not in compliance. Surprisingly, they are able to cover things up when I came into their offices to perform an annual audit of the company. This is quite alarming and hence, more caution in auditing is required.
I have to present a state examiner with the violated rules in the process of our work and he seemed defensive about it. In this situation, I tend to reach a middle ground or the win-win situation. I need him to follow the rules and have his client comply with it. At the same time, I have to make sure that even without my supervision, he is able to set the rules as a matter of practice, not just because I caught him off handed. Hence, I manage this through personal mediation skills. This is founded on my communication skills, as it often results to positive outcomes which are beneficial for both parties concerned. (Abigail & Cahn, 2011)
Conflict is “a disagreement by which the concerned parties recognize a threat to their needs, issues and interests. (Ibid.) It happens when people (or other parties) assume that, due to the disagreement, there is a threat to their needs, concerns and interests. While conflict is a regular aspect of an organization, which gives several opportunities for growth through better understanding and retrospection, there is a tendency to consider conflict as a negative experience caused by peculiar or challenging circumstances. (Ibid.) The parties involved often perceive the finite resources and the reduced options available in finding solutions more than the numerous possibilities that may exist outside the normative route for solving the problem. (Ibid.)
Meanwhile, mediation is defined as "the intervention in a regular negotiation or conflict of an acceptable third party who has reduced or less authoritative decision-making power but who supports the involved parties in voluntarily reaching a mutually acceptable settlement of issues in dispute." (Moore, 1996)
Approaching the Situation
The initial approach is to appeal to logic. (Wilmot, 2010) Hence, the first thing I do is to review the apparent rules which apply to the case. I also try to investigate if the non-compliance really stems from the client’s lack of knowledge or if the employee is also accountable to a questionable level. I also check if the examiner’s performance reflects the same misunderstanding of rules or if this is a new revelation of his shortsightedness. This equips me in overcoming his arguments but I normally answer mildly.
I also prepare to deliver my piece – explanation f the rules, how it is normally complied with, and the possible outcomes if this is left unobserved. I also outline what I need to say and I practice its cool and confident delivery. I always try to sound coherent, in-command yet unassuming. I need to handle such instances in a very respectful and positive manner, ultimately fortifying the bond between myself and the state examiners, since this will also set a modifying example for the rest. (Ibid.)
The immediate conflict resolution technique I used is effective communications and empathy. (Abigail & Cahn, 2011) I stand on the rules yet I communicate to the staff that all is taken in an assumption that he/she has just committed an oversight which was unintentional. When the examiners become defensive or edgy with his answers, I remain in control of my behavior and feelings. Only when I am in control of my emotions that I could tell him that his performance was substantial; and that he must employ urgent measures to correct it. I also communicate that he is responsible to the third party and the manner by which he/she will communicate the needed changes to the client all depends on his demeanor and concise actions. I do not sound threatening, frightening, or punitive when I tell my examiners the consequences of this non-compliance or oversight.
In this meeting, I painstakingly pay attention to the employee’s feelings and words. I communicate my empathy and remain respectful of the acknowledged institutional gap. By avoiding disrespectful words and actions, I effectively reach out to the employee. I often come to a meeting aided with non-verbal communications. Nonverbal communication includes eye contact, facial expression, and tone of voice, posture, touch, and gestures. (Ibid.) As we push towards the crucial part of the argument, i.e. his oversight or non compliance, I pay close attention to his non-verbal signals. This gave me a clue what he is actually communicating. Through this, we proceed successfully to the root of the problem and built trust that a healthy resolution instead of a serious disagreement.
In the communication process, I listen to the employee’s underlying reasons and justifications. I try my best to reach out to him/her and try to grasp where he/she is coming from. This gives me a spot to also reflect where I should have put more training or education. I also exhaust all the points which must be tackled. I enjoin the other examiners to share the specific issue completely. This is a good reference for others.
In hindsight, my most important tactics include: identifying the rationale behind the conflict and to build a hypothesis as to how to resolve the conflict. (Wilmot, 2010) Communication skills are the foundation of my mediation skills because it is both a proven and a contingent tactic which are used to manage the negotiation or meeting. (Ibid.) I believe that if the communications skills are excellent, there is always a successful mediation.
On the formal employment issue, I clarify rather than make assumptions. (Wilmot, 2010) Even when I have all the information prepared, I ask questions that allow me to get the information from the examiner’s point of view. I restate what I have heard, so we reach a common ground. It may be that the employee then realizes that additional information was needed or it was missing. I validate this important concern, even if a solution is elusive at some times. Then, I reiterate the consequence/s in the most effective way and in a way that the employees will understand why certain rules just have to be followed. I believe that improvement is always the best outcome. We wrap up with a resolution that supports the interests and needs of the state agency.
Conclusion
Just like Christopher Moore, I am more inclined to mediate in a conflict rather than win it. My sole definition of managing a conflict is to negotiate it. I believe that when parties are well facilitated in a negotiation or any form of a meeting or when they are resolving a conflict, effective communication is the key.
Under his definition of mediation, I generalize that a smooth and effective work environment or any organizational setting is achieved by mediating the imbalances and issues that normally come along the way. As it is, there are various elements to be considered when making a decision of which mediation strategy or approach is the most effective. These include the level of the conflict and the parties' skills and predisposition to resolve their conflict or problem, the balance of power between them, the negotiation process and styles used, the complexity of the issue being discussed, and the expectations of the parties from their mediator.
In developing a mediation strategy, the focus of the approach is in the communication skills and the focus of the intervention. The mediator needs to successfully discuss all the aspects of the issue to be able to get the best possible results.
In conclusion, this author believes that the strategy for entering the dispute, evaluating it, planning the mediation, determining the interest/s of the parties, facilitating the parties' negotiations and assiting in the proposals, drafting agreements, and creating implementation plans, are all preliminaries or outcomes.
References:
Abigail, R.A., & Cahn, D.D. (2011). Managing conflict through communication. Boston, MA:
Allyn & Bacon.
Moore, Christopher. (1996). The Mediation Process: Practical Strategies for Resolving Conflict, 2nd ed., San Francisco: Jossey-Bass Publishers.
Wilmot, W. (2010). Interpersonal Conflict. New York: McGraw Hill College.
