Industrial Relations & Conflict Management

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Industrial Relations & Conflict Management Volume 3 Series Editors Martin Euwema, Faculty of Psychology and Educational Sciences, University of Leuven, Leuven, Belgium Lourdes Munduate, Faculty of Psychology, University of Seville, Seville, Spain

Disseminating cutting edge theories and empirical research in the field of industrial relations and conflict management, from an interdisciplinary approach, and firmly based in theories on human behaviour in relation to work and organizations. Formally the series will publish monographs and contributed or edited volumes from leading psychology scholars. Specifically, the series integrates theories and research from industrial relations (sociology, business, law and psychology), with those on conflict management, mediation and more generally well-being and productive behaviour in the workplace. Volumes in this series respond to the demands of policymakers and the public, remaining relevant and applicable for science, industry and society. Delivering relevant research and conclusions from local, regional, national and international perspectives. The aim of the series is to contribute to cooperative and constructive relations in organizations at three levels: organizational level, team level and interpersonal level. The series will contribute to the existing academic research and literature by providing an advanced publication platform for improving the science of understanding industrial relations and conflict management. Publishing volumes which deliver valuable contributions from the range of developing perspectives on this subject. More information about this series at http://www.springer.com/series/13458

Katalien Bollen Martin Euwema Lourdes Munduate Editors Advancing Workplace Mediation Through Integration of Theory and Practice

Editors Katalien Bollen Department of Educational Research and Development Maastricht University Maastricht, The Netherlands Martin Euwema Department of Psychology University of Leuven Leuven, Belgium Lourdes Munduate Faculty of Psychology University of Seville Seville, Spain ISSN 2199-4544 ISSN 2199-4552 (electronic) Industrial Relations & Conflict Management ISBN 978-3-319-42841-3 ISBN 978-3-319-42842-0 (ebook) DOI 10.1007/978-3-319-42842-0 Library of Congress Control Number: 2016956695 Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG Switzerland

Preface In 2009, the United Nations expanded its services in managing workplace conflict by creating an expanded and geographically dispersed Office of Ombudsman and Mediation Services (UNOMS). Early on, at an occasion where the newly appointed regional ombudsmen were gathered, UN Secretary-General Ban Ki-Moon told us that just as the United Nations addresses conflicts around the world, so must we also pay close attention to resolving and managing conflicts within the Organization. Shortly after, I arrived in Nairobi as part of the first cohort of regional ombudsmen embedded in seven different UN duty stations around the world. 1 The regional ombudsman role was designed to bring informal conflict resolution closer to UN operations outside of headquarters in New York. Since then, the role has evolved to not only provide direct conflict resolution services to staff but also to help build the competence of staff members to productively manage conflict. Initially, the primary focus of the expanded UNOMS office was to offer mediation as a complement to the formal system of justice within the UN. From the beginning of my tenure in Nairobi, promoting mediation as a viable alternative to the formal challenge of administrative decisions by staff members has been an important part of my practice. Efforts to introduce mediation into the UN culture of dispute resolution, however, gained ground slowly. With the direction of UNOMS leadership in New York, I, and the other UNOMS staff, began to explore new ways of promoting mediation by expanding along a fuller spectrum of informal conflict resolution services. Eventually, we added a focus on training designed not only to help participants develop the skills necessary to productively manage conflict but also to provide a nonthreatening forum for them to assess the degree of comfort they felt with us as conflict resolution professionals. As a result, I developed a training component to my practice designed to proactively help staff improve working relationships. Through this process, I discovered that the common denominator of aspects of my practice involves either acting as a bridge 1 In addition to the UNOMS office in New York where the UN ombudsman is based, the seven United Nations duty stations that have a regional ombudsman are Santiago, Geneva, Vienna, Goma, Entebbe, Nairobi, and Bangkok. v

vi Preface between disparate perspectives or helping staff construct their own bridges between disparate perspectives. This bridge building not only resolves workplace conflicts and improves working relationships, but it also has begun to illustrate the connections that the secretary-general had referred to: the link between the UN s mandate and the way that we engage internally with one another as UN staff members. My practice in this context provides an ever-constant reminder of the challenges that all human beings face in managing conflict in a positive and productive way. Being part of a peacemaking and peace-building institution does not immunize one to the corrosive effects of poorly managed conflict. The narrowing of perspectives during conflict, the activation of neural networks driven by fear and anger, and the sense of vulnerability invoked by uncertainty all exist within the UN workplace as well. In fact, the diversity of viewpoints, cultures, and backgrounds may also serve to amplify the misunderstandings often caused by these other factors. The process of making the implicit explicit, the shifting of frames, and the deepening of one s understanding of another s interests and narratives serve both micro- and macroendeavors. It helps us engage more productively with the colleague down the hall or to help address global challenges. The creation of the seven UNOMS regional offices and the establishment of a mediation division within UNOMS brought together a cadre of dispute resolution professionals that helped catalyze this insight. The rich interactive dynamics that result from such a critical mass of talent has sparked the group s learning, professional development, and innovation as part of the UN s efforts at workplace conflict resolution and beyond. These insights from our practice and interaction have led me to the following conclusion: as institutions and the relationships contained within them grow more complex, the systems designed to productively manage conflict must keep pace. The application of the knowledge gleaned from the scholarship and research involving workplace conflict, such as the ones presented in this book, becomes critical to keeping abreast with the rapid changes and ever-growing complexity of workplace relationships. We must increase the efficacy of workplace mediation by furthering new and more effective methods to leverage the tension inherent in productive conflict; to make the places where we work more innovative and collaborative through better dialogue; to deepen our understanding of the narratives, needs, and interests of our colleagues; to foster environments more robust in their collective decision-making; and to create a workplace that is not only more humane but, ultimately, more productive. When building bridges over increasingly wider differences, new bridge-building techniques become invaluable. Regional Ombudsman, United Nations Ombudsman and Mediation Services, Nairobi, Kenya Nicholas Theotocatos

Contents 1 Promoting Effective Workplace Mediation... 1 Katalien Bollen, Martin Euwema, and Lourdes Munduate Part I The Mediation Process 2 Getting Beyond Win-Lose and Win-Win: A Situated Model of Adaptive Mediation... 21 Peter T. Coleman, Katharina G. Kugler, and Kyong Mazzaro 3 Workplace Mediation: Searching for Underlying Motives and Interests... 39 Elisabeth Kals, Kathrin Thiel, and Susanne Freund 4 A Psychological Toolbox for Mediators: From Theory and Research to Best Practices... 55 Klaus Harnack 5 Workplace Mediation: Lessons from Negotiation Theory... 67 Benjamin P. Höhne, David D. Loschelder, Lisa Gutenbrunner, Johann M. Majer, and Roman Trötschel Part II The Context of Workplace Mediation 6 Mediation and Conflict Coaching in Organizational Dispute Systems... 89 Tricia S. Jones 7 HRM Practices and Mediation: Lessons Learnt from the UK... 111 Ria Deakin 8 Towards an Integrated Workplace Mediation System: Reflections on the South African Experience... 127 Barney Jordaan and Greet De Wulf vii

viii Contents 9 Mandatory Workplace Mediation... 145 Virginia Vilches Such, Alain Laurent Verbeke, and Carrie Menkel-Meadow Part III Mediation and Other Third Party Roles in the Organization 10 An Appreciative Approach to Conflict: Mediation and Conflict Coaching... 173 Ross Brinkert 11 Manager as Mediator: Attitude, Technique, and Process in Constructive Conflict Resolution in the Workplace... 189 Thelma Butts 12 Conflict-Positive Organizations: Applying Mediation and Conflict Management Research... 219 Dean Tjosvold, Paulina Wan, and Moureen Tang Part IV New Developments 13 Looking Back to Leap Forward: The Potential for e-mediation at Work... 233 Jennifer Parlamis, Noam Ebner, and Lorianne D. Mitchell 14 It Takes Three to Tango: The Geometry of Workplace Mediation... 251 Lourdes Munduate, Katalien Bollen, and Martin Euwema