Summary of the methods that Kheel used
- Kheel used alternative methods of dispute resolution such as mediation, negotiation and arbitration as opposed to the traditional litigation mechanism mainly employed by lawyers in court.
- As a mediator, Kheel’s first role was usually to bring both parties embroiled in a dispute to the negotiating table so as to know clearly what each party wanted out of the dispute.
- After knowing what the parties want, he then helped the parties frame the issues in controversy and agree on the procedures that they would use in arriving at a solution.
- Kheel then asked both parties of their positions and interests so as to reach a common ground or a compromise by seeking to put each party on the other’s shoes.
- Kheel always ensured that he commanded the support and the confidence of both parties by not only being but also showing to be, impartial.
- One among the several of his commandments was that a negotiator or mediator should never allow the parties to regard him as their enemy even for a moment, but rather as friend.
- Kheel use three stages in negotiations where the first stage was aimed at exchanging demands between the parties, then followed by discussion and finally reaching an accord.
- Kheel also targeted reaching a solution or compromise between the parties at the “crunch” or deadline where parties are no longer in control of the situation or the decisions that they make.
- As a consequence of the above, he helped and was usually keen on helping the parties form a deadline even where none existed.
Introduction
Theodore Woodrow Kheel was a colossus in the world of mediation especially relating to labor disputes. The New York lawyer and mediator helped in the resolution of 30,000 labor disputes throughout his career. The methods used in the resolution of disputes by Kheel were distinct from the common methods extolled by other negotiators. Theodore Kheel was able to go the full length in the field of dispute resolution through these alternative mechanisms as opposed to the traditional litigation mechanisms. He was able to transcend the limits of a lawyer and emerge as a mediator, negotiator and an arbitrator. Kheel ventured into legal practice after graduating in the year 1937 with an undergraduate degree in law and has since been called by presidents and governors. Kheel served as the executive director of the National War Labor Board in the year 1944 during the Second World War. In this position, Kheel had the opportunity of managing a staff of over 2,500 people besides hearing a total of around 150 disputes every week. He then moved to the city of New York where he was engaged by the Mayor William O’Dwyer in the mediation of labor disputes. In particular, he was involved in the disputes relating to automation or the use of technologies in workplaces which had led to displacement of workers. Together with others and as a consequence of the automation dispute, they instituted the American Foundation on Automation and Employment. The numerous disputes which are especially prevalent in the labor industry necessitated the employment of alternative dispute resolution mechanisms as opposed to the normal traditional litigation mechanisms in courts.
Methods used
Theodore Kheel offered and shared his whole perspective on the field of dispute resolution by way of several publications. One of his publications is a book, The Keys to Conflict Resolution, wherein he details about the whole field of negotiation and resolution of disputes. In this publication, Kheel explains in detail his view on the whole issue of resolution of conflicts as well as the techniques that he has used in his life as an arbitrator and mediator with impressive results. It is also instructive to note that Kheel had devoted himself to addressing the fundamental conflicts between economic development and the environment. To this end, he had consistently encouraged lawyers to make use of alternative mechanisms of dispute resolution. The methods used by Kheel can be harnessed through an examination of his book, The Keys to Conflict Resolution. It need be made clear from the outset that this book has delved deeper into the approaches that a mediator should adopt as well as the thinking that he should develop rather than the particular techniques of mediation. Kheel notes that the role of a mediator is basically to bring together the negotiators or the parties engaged in a dispute and help them come to an agreeable solution to their disagreement. In this quest, Kheel emphasized on the need to bring both sides to the table and inquire of their desire or whatever they want out of a dispute. According to his profile featured in the New Yorker in the year 1970, Kheel stated that the essence of mediation is the obtaining of information. In particular, he stated that the worst question that one could ask during negotiations was what a party would settle for. He was categorical that it is the very question that needs to be answered at the end of the day though it need not be asked directly. He argued that one must get the answer to the question by asking every question except that very question. A noticeable contribution of Kheel was his consistent battle to have public transport or mass transit instead of having automobiles. Despite resistance from several people including federal politicians, it was later adopted. In enabling the parties to arrive at an agreeable solution to a conflict, the mediator has to help the parties to frame the issues in dispute and agree on procedures of resolving the same. The mediator then helps the parties talk through their positions and interests in a bid to find a reasonable common ground. Kheel further argues in his book that an effective mediator must command the support and confidence of both sides besides remaining neutral throughout the negotiations no matter his convictions on the matter. Kheel provides his ten commandments of an effective mediator on page 82 of the book while page 48 is replete with an equivalent list of negotiators. Page 96 of the book, The Key to Conflict Resolution provides for the Ten Commandments that an effective arbitrator must observe in resolving a dispute. For instance, the tenth commandment according to Kheel is to the effect that the mediator should never give the parties a reason to regard him as their enemy. He must bear in mind at all times that he is a friend of the parties that are engaged in a dispute.
Kheel further avers in his book that negotiation takes place in a three stage life cycle. The first stage entails the exchange of demands by parties; the second stage involves the discussion of the possible solutions while the third and final stage essentially entails the settling to an agreement. He proffers that most solutions to conflicts or disputes are usually reached in the “crunch” or the deadline which refers to the point where parties have no control over the decision that is made. He submits that in the absence of a deadline, the mediator should help the parties have one or by keeping the deadline in front of the parties in dispute. This is because parties usually fail to notice the risks not having a settlement.
The role of the mediator is expounded in chapter five of the book. This could serve as good interventionist measures for any dispute resolution facilitator. These roles include that of a house keeper who is able to keep a record of the details of the dispute and an educator who enables both parties to understand each other and tries to walk them together in each other’s shoes. Another role of the mediator is a communicator who conveys the message of both parties to each other and an innovator who formulates suggestions for consideration by the parties towards reaching an amicable solution.
Conclusion
It is trite that Kheel offers a persuasive approach toward the resolution of disputes where the facilitator employs his negotiation and mediation skills in a friendly way by ensuring that he is viewed as a friend and not an enemy of the parties. Kheel also encourages parties in dispute to place themselves in the shoes of each other so as to appreciate the situation. He also employed and called for creativity and flexibility in dispute resolution and also aimed at involving everyone in a meaningful manner. Going by this and the statistic of Kheel’s success in the world of dispute resolution, I would argue that his methods as explained above are effective in conflict resolution.
References
Barrett, J. T., & Barrett, J. (2008). A History of Alternative Dispute Resolution. New York: Wiley Publishers.
Kheel, T. W. (2007). The Keys to Conflict Resolution: Proven Methods of Resolving Disputes Voluntarily. New York: Four Walls Eight Windows.
