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Mediation & Conflict

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Jacinta Carpentieri

on 1 November 2013

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Transcript of Mediation & Conflict

Brief History
Evolved out of International focus on peace after WW1 & WW2- United Nations
Acknowledgment of importance of individual human rights and dignity
Turn of 20th Century became formally institutionalised and recognised
Australia & New Zealand followed same development of USA
Mediation and Conflict
The Issue/Conflict...
As defined by Wilmont and Hocker (2006), conflict can be seen as
“an expressed struggle between at least two independent parties who perceive incompatible goals, scarce resources, and interference from others in achieving their goals."
Why Use Mediation?

Both formal & informal ways to resolve disputes
When disputes escalate to levels 5 & 7 of Glasl Conflict Escalation Model (1994)
Refer matter to mediation

What can cause conflict?
Conflict Styles
What is Mediation?
Neutral third party assists both people or groups to reach mutual settlement
Win-Win process

No universally accepted model of Mediation practice
1994 Prof Leonard Riskin proposed theory of Dynamics of Mediation process
Designed Riskin's Grid of mediator orientation
The Outcome Video
Critiques and recommendations for future research
Principles underlying Mediation
Undertaken voluntarily

Mediator perceived as impartial

Confidential process
Critiques of Conflict and Mediation Models
Glasl's Conflict Escalation Model 1997

Thomas Kilmann Conflict Style Model

Transformative Mediation Style

Evaluative Mediation Style

Further Study
Situation Video
Conflict can arise due to:

Personality differences and styles
Organisational factors
Poor communication
Personal Differences
Glasl (1994) Model Conflict Escalation
How it works?
Riskin Grid (1996)
Four Models of Mediation
1. Settlement Mediation- compromise from original positions
2. Facilitative Mediation-negotiate based on needs and interests instead of legal rights
3.Transformative Mediation- dealt with underlying cause with goal of repairing relationship
4. Evaluative Mediation-reach settlement based on legal rights within expected judicial outcomes
Final Point
While conflict is seen predominantly as a negative occurrence, it can also have positive changes and outcomes if handled correctly.
Conflict Escalation Model

Conflict Escalation Model by Glasl (1994)
Highest levels of assertiveness and lowest levels of cooperation.
Highest levels of cooperation and the
lowest levels of assertiveness.
Low levels of assertiveness and cooperation.

1) Recognising the problem

2) Choosing the Mediator

3) Information gathering/defining the issues

4) Introductions/Statements by parties

5) Prioritising & Agenda setting

6) Developing options

7) Bargaining and negotiation of positions

8) Reaching Agreement

9) Formalising agreement

High levels of assertiveness and cooperation.
Moderate levels of assertiveness and cooperation.
The Evaluation Video
Negative Outcomes
Downfall in productivity
Increase in turnover rates
Workplace bullying
A better focus on the positive aspects and outcomes that can result from correctly handled conflict resolution.
Further Critique
Mediation not always voluntary
Full transcript