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How can a mediator deal with Power Differences in Labour Conflicts ?

How can a mediator deal with Power Differences in Labour Conflicts ?. Meriem Kalter , PhD student University of Leuven, Belgium. Research Project Mediation (2009-2011, the Netherlands ).

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How can a mediator deal with Power Differences in Labour Conflicts ?

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  1. Howcan a mediator deal with Power Differences in LabourConflicts? Meriem Kalter , PhD student University of Leuven, Belgium

  2. Research Project Mediation (2009-2011, the Netherlands) • Consortium of Dutch Mediation Institute, DAS Legal Services, FNV Trade Union, Legal Aid Office the Netherlands, LCR, University of Leuven and HU University of Applied Sciences Utrecht. Ambition: Contribute to the development of the appropriateuse and quality of mediation in the Netherlands. Focus onlabourconflicts.

  3. Goals (whatquestionswere important to the field?) 1. The development and validation of an instrument measuringquality and satisfactionwithlabour mediation; 2.The development of a conflict indicator resolving conflict forlegaladvisors (www.conflictwijzer.eu) 3. Making ‘best practices’ availablefor mediators who have to deal with power differences in labourconflicts. More than 150 peopleparticipating; mediators, students, organizations

  4. Howcan a mediator deal with Power Differences? ‘The interventioninto a disputeornegotiationby anacceptable, impartial and neutralthird party who has noauthoritativedecision-making power, to assistdisputingparties in voluntarily reachingtheirownmutuallyacceptable settlement of issues in dispute’ (Moore, 1986) Thisimpliesthat all parties have anopportunity to express their wishes and interests to get to a mutualagreement.

  5. A mediator promotesequal and full participation of parties, flattenedlines of communication and democraticdecisionmaking. Thiscanbe a challengeif a mediator has to mediateanhierarchical conflict within a workplace setting. To whatextend is equal participation in mediation possiblebetween employer and employee whensuchpartieshold structurally different positions?

  6. Method Development of a six-hour ‘knowledge’ workshop with a core theme of ‘Power RelationshipswithinLabourConflicts’. Focus group; questionswereasked in an interactivegroup setting and participantscould talk about power in labourconflicts and howthey wouldmediate in suchconflicts.

  7. Mixed methodstudy Before and during the workshops data werecollected: • Questionnaire • Interview • Group discussion • Observationbymeans of role-plays. A total of 52 experienced (labour) mediators participated in 4 workshops. Data were analyzedusing the qualitativemethod of observer impression. A master student and one of the researcher made observations, examined and interpretedsaid data and reportedtheirfindings.

  8. Results 1 What mediators sayabout ‘power’ • All mediators believe power dynamics are at the heart of the mediation process. • Whenaskedif a mediator has a role in restoring power balance, theysay: ‘a mediator shouldnot have a role in that as such, butshouldbeable to handleanasymmetry in power in such a waythatbothpartiescaninfluence the mediation process and outcome. • Mediators in the Netherlandsconsider ‘power’ a biased and negative word and preferred to useotherwordslike ‘force field’ or ‘empowering’

  9. Results 2; techniques to handleasymmetry • Givingpartiesseperate interviews before the start of the mediation; • Listeningwith care to eachindividual’s story (allowingbothparties to express their point of view); • Payingattention to emotions and namingthem; • Askingfuture-orientedquestions; • Reformulatingdemandingterms in a positivemanner; • Emphasisingcommoninterests; • Setting up a caucus; • Being transparant and namingany power imbalancesyouperceive at the table, askpartiesfortheir view; • Askinghowpartieswouldreactifroleswerereversed.

  10. Results 3; What mediators show; role-plays • In role-plays most of the abovepower-balancingtechniqueswereused, with the exception of transparancy/naming of power imbalances and caucus. • Although mediators stated in advancethattheywouldgivebothparties the sameamount of time and attention (due to their ‘neutrality’, remarkably in the role-playsalmost none of themdid.

  11. Results 4; Most of the time and attention was given to the seeminglypowerless party. A great deal of attention was paid to the emotions of the powerless party, and a lot of empowering questionswereasked.

  12. Follow up study Because the study was a pilot-study (qualitative, focusgroup, role plays), further research is needed in what mediator’sactually do in ‘real-life’ mediations. Nextstudy; Observation of mediators in mediations (structured).

  13. Discussion The questionrisesifbalancing power is a good thing and necessaryfor a mediator to do in such hierarchicalconflicts. For example, does thislead to valuable outcomesforbothparties in the mediation? What do youthink?

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