Mediation and Mediation and Practicing Project Practicing Project Management Skills Management Skills Clay Springer, PMP Clay Springer, PMP Managing Director Managing Director Four Points, LLC Four Points, LLC
Jan 13, 2016
Mediation and Practicing Mediation and Practicing Project Management SkillsProject Management Skills
Clay Springer, PMPClay Springer, PMPManaging DirectorManaging Director
Four Points, LLCFour Points, LLC
Adventures in MediationAdventures in Mediation
Tremendous growth experienceTremendous growth experience Never the same thing twiceNever the same thing twice Low Reward, High RewardLow Reward, High Reward Success gets defined differentlySuccess gets defined differently Lucky you live . . . Lucky you live . . .
For TodayFor Today
Provide an understanding of the Provide an understanding of the Mediation ProcessMediation Process
Highlight Project Management Skills Highlight Project Management Skills that are used during the processthat are used during the process
Flag some of the Pitfalls that may Flag some of the Pitfalls that may occur along the wayoccur along the way
Recap some techniques in Mediation Recap some techniques in Mediation that can be applied to your projectsthat can be applied to your projects
Mediation and Project ManagementMediation and Project Management
Mediation shares several aspects with Mediation shares several aspects with Project ManagementProject Management
Mediation underscores the power and Mediation underscores the power and importance of “soft skills”importance of “soft skills”
Mediation skills serve to build stronger Mediation skills serve to build stronger Project LeadersProject Leaders
Conflict and Project ManagementConflict and Project Management
Some degree of Conflict is present in all Some degree of Conflict is present in all ProjectsProjects
Conflict isn’t always a bad wordConflict isn’t always a bad word Success is in managing ConflictSuccess is in managing Conflict Most conflict is managed through Most conflict is managed through
negotiationnegotiation But sometimes the stakes are higher . . .But sometimes the stakes are higher . . .
a
Negotiation Mediation Arbitration Litigation
Conflict Resolution Methods
Communication
Formality
Cost
Voluntary Coercive
Control by Participants
High
High
High
High
Low
Low
Low
Low
A Look at MediationA Look at Mediation
Cooperative process to resolve differencesCooperative process to resolve differences Practical, relatively informal, and directPractical, relatively informal, and direct Empowers parties to retain control of their Empowers parties to retain control of their
decisiondecision What Mediation isn’t:What Mediation isn’t:
Imposed solutionsImposed solutions One-sidedOne-sided A legal proceedingA legal proceeding
When does Mediation Work?When does Mediation Work?
BEFORE CourtBEFORE Court When Parties have difficulty When Parties have difficulty
working face to faceworking face to face When the Participants are readyWhen the Participants are ready
Mediator’s Confer(caucus) in between
sessions
The Mediation ProcessThe Mediation Process
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions(context and completeness)
Set-up
Separate Sessions(probing, polling, confirming interests)
Options / Solutions
Agreement
Forum St
age
Negotiation
Stage
Positions
Interests
Options
Positions vs. InterestsPositions vs. Interests
POSITIONSPOSITIONSWhat the Party WantsWhat the Party Wants
““I want my money I want my money back”back”
““I want a published I want a published apology”apology”
““I want them to stop I want them to stop spreading rumors”spreading rumors”
““I want the same I want the same position back”position back”
INTERESTSINTERESTSWhy it is ImportantWhy it is Important
RESPECTRESPECT APPRECIATIONAPPRECIATION REPUTATIONREPUTATION SECURITYSECURITY APPROVALAPPROVAL RECOGNITIONRECOGNITION SELF-ESTEEMSELF-ESTEEM
Mediation seeks to understand, but not necessarily change, interests
Setting the StageSetting the Stage
Gets peoples head in the gameGets peoples head in the game Establishes trust in the people and the Establishes trust in the people and the
processprocess Provides the ground rules for the sessionProvides the ground rules for the session
Skills for Project Managers:
• Providing structure
• Establishing Boundaries
• Being Success Oriented
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions(context and completeness)
Separate Sessions(probing, polling, confirming interests)
Options / Solutions
Agreement
Mediator’s Opening Statement 5 minutes
• Building Trust
• Removing judgment from the equation
• Reinforces your Role as Facilitator
Advance WorkAdvance Work
Meet your Co-MediatorMeet your Co-Mediator Review the Case FilesReview the Case Files Recap Similar CasesRecap Similar Cases Agree on ApproachAgree on Approach
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions(context and completeness)
Separate Sessions(probing, polling, confirming interests)
Options / Solutions
Agreement
Skills for Project Managers:
• Preparation
• Surveying the Landscape
• Bonding w/ Team Leaders
10 minutes
• Clarifying Roles
Set-up
Summarizing IssuesSummarizing Issues
Each Party gets a turnEach Party gets a turn Gets Parties thinking about solutionsGets Parties thinking about solutions Reining in PartiesReining in Parties NOT a gauge of potential successNOT a gauge of potential success
Parties’ Statements
Skills for Project Managers:
• Managing Emotions
• Keeping Parties on Point
• Keeping an open mind
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions(context and completeness)
Separate Sessions(probing, polling, confirming interests)
Options / Solutions
Agreement
5 – 10 minutes
• Creating ownership
• Note-Taking
The Mediators’ CaucusThe Mediators’ Caucus
Crucial component of the MediationCrucial component of the Mediation Should be done after every roundShould be done after every round Builds the relationship between the Builds the relationship between the
MediatorsMediators Opportunity to confirm what’s being saidOpportunity to confirm what’s being said
One on One SessionsOne on One SessionsInformation GatheringInformation Gathering
One or two Alternating individual sessionsOne or two Alternating individual sessions Equal opportunity isn’t always equal timeEqual opportunity isn’t always equal time Getting both sides of the storyGetting both sides of the story Uncovering Relevant Facts and InformationUncovering Relevant Facts and Information
Separate Sessions(context and completeness)
Skills for Project Managers:
• Creating Rapport
• Documenting Facts
• Confirming Information
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions(context and completeness)
Separate Sessions(probing, polling, confirming interests)
Options / Solutions
Agreement
5 – 15 minutes each
• Depersonalizing
• Focus on the Task at Hand
One on One SessionsOne on One SessionsGetting at the root of the MediationGetting at the root of the Mediation
Inventorying the important stuff “interests”Inventorying the important stuff “interests” Open-ended and probing questionsOpen-ended and probing questions Confirming key positions and interestsConfirming key positions and interests
Separate Sessions(probing, polling, confirming interests)
Skills for Project Managers:
• Active Listening
• Knowing Personal Bias
• Dropping Assumptions
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions(context and completeness)
Separate Sessions(probing, polling, confirming interests)
Options / Solutions
Agreement
• Avoiding tangents
5 – 15 minutes each
NegotiationNegotiationWhat the Parties can live withWhat the Parties can live with
Tempering expectationsTempering expectations Protecting interestsProtecting interests Gauging comfort levelsGauging comfort levels
Options / Solutions
Tools for Project Managers:
• Focus on Stakeholders
• Proposing options
• Timing, Timing, Timing
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions(context and completeness)
Separate Sessions(probing, polling, confirming interests)
Options / Solutions
Agreement
• Creating ownership
5 – 10 minutes
Creating the AgreementCreating the AgreementWhat both parties will walk away withWhat both parties will walk away with
Often no more than a pageOften no more than a page Clarity with flexibilityClarity with flexibility The agreement they ownThe agreement they own
Agreement
Tools for Project Managers:
• Validating Scope
• Closure with Stakeholders
• Documenting appropriately
Mediator’s Opening Statement
Parties’ Statements
Separate Sessions(context and completeness)
Separate Sessions(probing, polling, confirming interests)
Options / Solutions
Agreement
10 - 20 minutes (often joint)
Specific Techniques to PracticeSpecific Techniques to Practice
ReframingReframing depersonalizesdepersonalizes underscores neutralityunderscores neutrality
ReflectingReflecting gets feelings outgets feelings out shows you understandshows you understand
Open-Ended Questions Open-Ended Questions (remember: no (remember: no therapytherapy))
where you find the icebergwhere you find the iceberg gets Parties out of the shellgets Parties out of the shell
SummarizingSummarizing directs the focus of the directs the focus of the
conversationconversation distills and confirmsdistills and confirms
Identify “Currency”Identify “Currency” often isn’t moneyoften isn’t money provides optionsprovides options
PacingPacing Tempo and emotion are linkedTempo and emotion are linked Back in the Driver’s seatBack in the Driver’s seat
Self-ChecksSelf-Checks Your solution, or theirsYour solution, or theirs Keeping your stuff of the tableKeeping your stuff of the table
BATNABATNA Realistic possibilitiesRealistic possibilities Regenerate ownershipRegenerate ownership
ClarityClarity The best agreements are short, The best agreements are short,
simple, and straightforwardsimple, and straightforward
Fact-Finding and Active Listening Negotiation and Agreement
NoticeNotice AcknowledgeAcknowledge DeflateDeflate Temperature CheckTemperature Check Break or RescheduleBreak or Reschedule
Navigating Trouble SpotsNavigating Trouble Spots
AngerAnger Poor CommunicationPoor Communication Power ImbalancePower Imbalance ImpasseImpasse Cultural DifferencesCultural Differences
Trouble Spot Strategies
Translate non-verbalTranslate non-verbal Make it safeMake it safe SpecifySpecify ReinforceReinforce ConfrontConfront
Balance speaking timeBalance speaking time Role ReversalRole Reversal Saving FaceSaving Face Separate people from Separate people from
problemproblem
Partialize (chunk)Partialize (chunk) Sidestep, deferSidestep, defer Flag misperceptionsFlag misperceptions BATNABATNA
Evaluate and confirmEvaluate and confirm EmpathyEmpathy Watch non-verbalsWatch non-verbals RespectRespect
RecapRecap
Each step of Mediation pulls Project Each step of Mediation pulls Project Management Skills into PlayManagement Skills into Play
Successful Projects are those where the Successful Projects are those where the Stakeholders own the OutcomeStakeholders own the Outcome
Mediation Reinforces the Role of the Mediation Reinforces the Role of the Project Manager as FacilitatorProject Manager as Facilitator
When your Teams feel that you are there When your Teams feel that you are there for them, Winning comes easyfor them, Winning comes easy
Questions?Questions?
Phone: (808) 521-6767Email: [email protected]
Want to learn more?Want to learn more?
Phone: (808) 741-6953Email: [email protected]