DOT Presents:
Conflict Management and Resolution Through Mediation

The Department of Transportation has established an Alternative Dispute Resolution (ADR) Program for EEO cases to assist employees in resolving conflict that arises in the workplace. The program uses several methods, including mediation, to help individuals reach a mutual understanding and to establish a sense of understanding in the workplace.

We understand that conflict may be caused by a variety of factors, including communication problems, cultural differences, and multiple points of view. Our objective is to help DOT employees understand and prevent conflict at the earliest stage possible, as well as to tell you about some of the options that are available if the conflict does escalate.

"From Conflict to Resolution - The DOT Mediation Program for EEO Cases" explains some of the factors, both internal and external, that cause conflict and offers solutions to work through the conflict. We have also included information to help you navigate through the EEO Process.

If you have any questions, please contact the Departmental Office of Civil Rights, ONEDOT Sharing Neutrals ADR Program, at (202) 366-4648.

Section 1.1 - WHAT IS CONFLICT?

Carla and Joan & Bruce, who work together in a Department of Transportation office in Washington, D.C. are having a conversation about their new manager in Joan’s office.

[Begin Dialogue]

CARLA: Hi, guys! How did you like the meeting with the new division manager?

JOAN: Hi, I guess it was OK, but he’s a little strange.

BRUCE: Yea, I don’t think he’s a good fit for our division.

CARLA: Mr. Jessup, the new division manager?

BRUCE: Yea, He just introduced himself and started talking about the changes he has planned for us for next year. He . . .

CARLA: (interrupting) He has some good ideas!

BRUCE: Hmm Maybe. But I didn’t like the way he presented them. Didn’t ask for our opinions - Didn’t ask any questions - Just told us. He didn’t seem to care what we thought. Also I could tell he doesn’t have much experience with the Department.

CARLA: Yeah, I think he’s a retired Air Force colonel. Probably has lots of other experience. He seems pretty friendly.

JOAN: (sarcastically) Maybe too friendly. When he talks to me, he stands way too close to me for comfort. And this morning, he came by my desk with a digital camera and took my picture. He didn’t ask for my permission. He just said “Smile, Joan!” and took the picture. I didn’t feel comfortable with the whole scene, but I didn’t think I could tell my new boss that I don’t like having my picture taken. Why would he want my picture anyway? I didn’t see him taking anyone else’s picture. Isn’t that strange?

CARLA: A little, but give him a chance. I think he’ll be a good manager.

JOAN: Girl, you’re too nice. I saw you taking some coffee to him yesterday. You know what I’m talking about! And get this: he just made an appointment for me to come by his office next week for my annual evaluation. How is he going to evaluate my job performance when he’s been my manager for less than a week? I don’t want to talk to him alone. I think I’m going to call in sick.

BRUCE: Yes, he’ll be doing these evaluations without knowing anything about us. But I’m your employee rep; I can’t wait till we talk to him.

JOAN: Sounds like we have a problem on our hands!

CARLA: A problem?! You really think so?

[End Dialogue]

NARRATOR:

Section 1.2 - WHAT IS CONFLICT?

Misunderstandings, differing opinions and approaches, personality conflicts, and disagreements can all lead to CONFLICT. Sometimes conflicts arise between employees, other times they arise between employees and their managers. If conflicts are not resolved early and effectively, they can easily escalate and result in low productivity, low morale, stress, or other negative outcomes.

Conflict is often the result of poor communication. Situations may also arise when needs, interests, personal values or goals are at opposite ends of the spectrum and not addressed. Conflict may also be a positive experience. It can help us see things from diverse perspectives and lead to innovative and creative solutions to workplace needs and issues. It can challenge us to improve ourselves and our relationship with others. Conflict that is effectively resolved can lead to growth and learning for both parties.

WHAT IS CONFLICT MANAGEMENT?

Conflict management is an opportunity for growth and learning. Conflict management relies on developing techniques, attitudes, and skills to assist individuals in preventing, or resolving conflict before it escalates and becomes unhealthy. There are many benefits to effective conflict management, including:

Conflict management provides people with the skills to resolve conflict. Conflict management may include the intervention of a neutral third party if and when necessary. Some of the options, like counseling and mediation, are less formal and don’t require a large investment of resources.

Everyone in the workplace—whether manager or employee—plays an important role in managing conflict. If conflicts arise, each party should be involved in evaluating and selecting appropriate options for resolving the issues. With the proper training, individuals in the workplace can minimize conflict.

1.3 Understanding Conflict


Good conflict managers realize that people handle conflicts in different ways. For example, some people like to avoid conflict, some are very competitive, and still others look for a compromise. Some people prefer to give in when they perceive they are becoming involved in a conflict, while others engage conflict directly and look for a win-win solution.

Section 1.4 - ONE MORE LOOK AT UNDERSTANDING CONFLICT IN THE WORKPLACE

How do you respond to conflict situations in the workplace? In what situations do you tend to:

Can you tell from their conversation how Bruce, Joan & Carla are responding to their conflict? The next section will focus on collaborative conflict resolution skills. We will work on skills that effectively use your awareness of each other’s differences, needs, interests, personal values and goals to manage and resolve future conflict. We will emphasize communication skills and cultural understanding as effective tools to use in the management and resolution of conflict.

Section 2.1 - CONFLICT MANAGEMENT SKILLS: UNDERSTANDING PERSPECTIVES, DIVERSITY, COMMUNICATION, AND COLLABORATION

In this module, you will learn how to:

Now…Let’s see what is happening in the manager’s office where Carla, Joan and Bruce work. Chris, the new manager, is talking with Pat, the former manager.

[Begin Dialogue]

CHRIS: “Thanks for coming by to help me take over your job. I know it’ll be hard to fill your shoes.”

PAT: No problem. You know, with Carla, Joan & Bruce you are going to have your hands full.”

CHRIS: Hmm… How so?

PAT: Well, Bruce is a troublemaker, very combative, always challenges my authority, not a team player. Carla is always late or absent, though she’s a good worker… when she works. I’ve warned her about her tardiness and absences, but she doesn’t care...

CHRIS: But … what’s her name…. Joan…. She seems to get along with them well.

PAT: Yea, Joan gets along with everybody and makes coffee every morning. But other than that, she doesn’t do anything. If you ask me, she’s lazy, disorganized and very unproductive. Anyway, with all the rumors of a reduction in force and the pressure to perform, you should get rid of them.

CHRIS: (Almost to himself) Can’t wait to hear their stories.

PAT: Huh?!

CHRIS: Yes, I want to hear their stories, where they’re coming from. I want to see how we can work well together, how I can use their strengths. By the way, have you seen the pictures I’ve been taking?

PAT: Huh? What’s this with the pictures?

CHRIS: Just a hobby. I’m going to hang a picture of each member of my team on the wall.

[End Dialogue]

NARRATOR:

UNDERSTANDING DIFFERENT PERSPECTIVES: MANAGING CONFLICT STARTS WITH ME

Be Aware of Your Own FOPAS:

In interpreting the actions of others, we are often unaware of how our feelings, opinions, perceptions, assumptions and stereotypes shape our understanding. Be aware of your own FOPAS; understand how FOPAS can contribute to conflict and how awareness of FOPAS can help you better manage conflict.

FOPAS affect how we react to and judge others. Each of the three employees, Carla, Joan and Bruce has a different opinion of Chris and his actions. Bruce thinks Chris is inexperienced and offensive for not considering the employees’ opinions; Carla views him as friendly, with experience and good ideas; Joan says he is strange and unreasonable because of the photographs and the upcoming evaluation. Pat, the former manager, has opinions of the three employees as well. She sees Bruce as a “troublemaker,” Carla as “not caring” and Joan as “lazy, disorganized and unproductive.” Their opinions may be based on their experiences or result from cultural stereotypes or assumptions.

If we don’t like or understand another person’s behavior, we often look for an explanation. We see the effect the other person’s behavior has on us and make assumptions about their intentions. From your perspective, you often only see the effect of someone else’s actions - But NOT their intentions. AND, from your perspective, you only understand the reasons behind your own actions or intentions - But NOT the effect of those actions.

For example, if you, like Carla, are late to work, you may feel you had legitimate reasons: the bus was late; there was an accident on the road; or your child got sick. But your supervisor, like Pat, sees only that you are late and evaluates the impact your absence has on the workplace. Whether or not your reasons are legitimate, your supervisor does not experience them like you do, and only sees the impact of your behavior. Your supervisor may feel a late or absent employee affects productivity or the morale of other employees who are on time. They may even conclude that their reputation as a manager is at stake if you continue being late.

If your supervisor warns you not to be late again, but you are, your supervisor may feel you don’t care about your job or are challenging his or her authority. On the other hand, if your supervisor warns or disciplines you, you may believe that they do not understand your needs and that they are out to get you, on a power trip, or that they are discriminating against you because of something like your race or gender.

People have a tendency to explain their own behavior as being the fault of external causes such as traffic, sick child, or the alarm didn’t go off while explaining another person’s behavior as being the fault of that person or internal causes such as lazy, irresponsible, or vindictive.

In conflict situations, we seldom encounter dramatic changes in our own perspectives. But if we take the time to listen and put ourselves in the position of others, we often see the logic or reasons behind their viewpoints and requests. We may not agree with them, but at least we better understand their points of view and their actions.

When you are in a conflict situation, you might benefit by remembering that every conflict has at least two sides and it would benefit you to look at the whole picture.

Section 2.2 - UNDERSTANDING OTHERS AND RESPECTING DIVERSITY

In order to communicate more effectively and to prevent conflict, it is important to understand and respect the many levels or degrees of diversity. In addition to our life experiences, we are unique in many other ways, including:

These differences affect how we:

Any of these differences can either cause conflict or present obstacles to resolving conflict. Because they are sometimes invisible, you may only see the effect of someone’s behavior and not the cause. A good conflict manager is constantly aware of these differences and strives to assess the whole picture before responding. Can you envision how the above differences might lead to conflicts in and out of the workplace?

Section 2.3 - COMMUNICATE EFFECTIVELY

Much of conflict management has to do with communication. Clumsy communication due to a lack of understanding and a respect for the diverse backgrounds of individuals can create conflict or present obstacles to resolving conflicts. For example, when we speak, instead of saying what we want, we...

Also, communication breaks down and leads to conflicts when others speak, and instead of LISTENING, we...

Communication is a two-way exchange of thoughts or information. We either RECEIVE information or SEND information. Here are some tips on how to effectively communicate with others.

Receiving messages – Reflective or active listening is a LEARNED skill

Giving messages - Be understood

Remember every DOT Employee can be a conflict manager.

Section 2.4 - COLLABORATE IN SEARCH OF SOLUTIONS

Understand your own perspective, understand others and their diversity and communicate effectively. People who master these skills are better able to avoid negative conflict and, better still, to turn conflict into a creative positive experience.

However, if conflict still develops, follow these steps towards collaborative solutions:

In the midst of a conflict, don’t abandon the conflict management skills you have learned. In fact you should use those skills at every stage in the search for solutions. Identify the issues and problem to be solved:

Gather information about the issues

Some techniques for resolving the issues

Collaborating in Search of a Resolution

Going back to Carla, Joan, Bruce and their managers, each senses that there is a problem. They may not be sure what the problem is, but before they can try to solve it they must be able to identify as clearly as possible what the problem is.

  1. How would you define the problem?
  2. How would you gather information?
  3. How many resolution options can you think of?
  4. Which of those options could be mutually satisfactory?

Any DOT employee, supervisor or manager can develop the following skills and techniques to prevent and resolve conflict.

  1. Understand your own perspective
  2. Understand others and respect their diversity
  3. Communicate effectively
  4. Collaborate in search of solutions

Just remember that managing conflict starts with you.

Even with great skills and the best of intentions, people get stuck in conflict. If the parties cannot resolve conflict collaboratively or on their own, DOT provides other alternatives. The next section will discuss the EEO process and mediation.

Section 3.1: DEPARTMENT OF TRANSPORTATION'S EQUAL EMPLOYMENT OPPORTUNITY ALTERNATIVE DISPUTE RESOLUTION PROCESS

All equal employment opportunity (EEO) complaints of discrimination are taken seriously at the Department of Transportation. No employee can be discriminated against based on race, color, religion, sex, national origin, age, disability, sexual orientation, or due to reprisal.

There are four primary phases in the EEO discrimination complaint process. The first three phases are all part of the EEO administrative process.

  1. Informal/Counseling
  2. Formal Complaint
  3. Appeal
  4. Judicial process

These phases are hierarchical, meaning one phase must usually be exhausted before the next phase can be started.

OPTIONS FOR CONFLICT RESOLUTION – DOT’s ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCESS

The Equal Employment Opportunity Commission requires all federal agencies to offer ADR at any stage of the EEO complaint process. DOT established the ONEDOT Sharing Neutrals Program for all Operating Administrations to utilize. DOT Directive 1010.1A outlines the procedures for the ONEDOT Sharing Neutrals EEO ADR Program. The objective of the ONEDOT Sharing Neutrals Program is to resolve allegations of workplace discrimination at the earliest possible stage of the EEO process. Early resolution benefits the agency and its employees by creating a more hospitable workplace for all.

Information pertaining to FAA's ADR Program may be found at http://www.faa.gov/acr/

An Operating Administration may also establish its own ADR Program for EEO cases consistent with the DOT Directive. The Federal Aviation Administration (FAA) has established its own EEO ADR program.

What is Mediation?

While there are many forms of ADR, the Department of Transportation has chosen to utilize mediation in EEO cases. It is a confidential problem solving process that uses a neutral third party. The mediator works with the parties and facilitates open communication to assist them in identifying mutually acceptable solutions. Mediation has proven to be the type of ADR that is most successful in workplace disputes, and is less time-consuming and less expensive than the more formal EEO complaint process. While mediation cannot guarantee specific results, some of the benefits of mediation are:

(Source: www.mediate.com 1998)

Decisions that Hold Up Over Time

Mediated settlements tend to hold up over time, and if a later dispute results, the parties are more likely to utilize a cooperative form of problem-solving to resolve their differences than to pursue an adversarial approach. Mediation agreements that are fully executed, or signed, by both parties are legally enforceable documents.

Section 3.2: THE EEO COMPLAINT PROCESS

Pre-Complaint Processing Timeline

Before filing a formal complaint, the aggrieved person must contact an EEO Counselor within 45 days of the alleged discriminatory action.


Role of the EEO Counselor

EEO Counselors are an integral part of the complaints system and will counsel any employee or applicant for employment.
They are responsible for:

Section 3.3: ADR / MEDIATION PROCESS

Request for Mediation

The process begins with the complainant's completion of the Request for Mediation form -The EEO Counselor or appropriate EEO Official will describe the process and answer any questions or concerns. Mediation may also be requested by management. After mediation is requested, the Request for Mediation form, along with a Mediation Intake form, will be forwarded to the proper official. The agency must then decide if the case is suitable for mediation.

Deciding When Mediation is Appropriate

The Department supports the use of ADR at the lowest possible level to resolve claims quickly. Both parties (the Complainant and Management Official) must agree to participate in the mediation.

Agreement to Mediate

Once the parties have agreed to enter into mediation, the Agreement to Mediate form is signed by both parties. The form will be submitted to the Departmental Mediation Coordinator housed in the Departmental Office of Civil Rights. For cases involving the FAA, the appropriate forms will be forwarded to the FAA Office of Civil Rights. (please refer to http://www.faa.gov)

Representation During Mediation

All parties to an EEO complaint are entitled to have representation during the mediation. If the representative is going to attend the mediation, the parties must let the Departmental Mediation Coordinator and mediator know in advance.

Cost of Mediation

The costs associated with mediation are borne by the Department or individual Operating Administration. For instance, should an Operating Administration or office request a particular mediator and travel is involved, the Operating Administration or office may be responsible for the travel expenses.

Selecting a Mediator

The Departmental Mediation Coordinator is responsible for assigning a mediator through the ONEDOT Sharing Neutrals roster, the Federal Shared Neutrals Program, another federal entity or a private contractual source with experienced mediators. The parties will be advised of the mediator selected. A mediation date, time and location will be coordinated among all parties by the Departmental Mediation Coordinator. If either party objects to the mediator selected or the mediator feels that there might be a conflict of interest, another mediator will be chosen.

Role of the Mediator

The mediator is expected to be able to:

Mediator Standard of Conduct

Mediators are required to follow the Model Standards of Conduct for Mediators. The standards are designed to be a guide for mediator conduct, let the parties know what they can expect, and promote confidence in mediation.

The Model covers the following conducts:


Mediator Training

Mediators receive the following training:

ADR training is also provided to managers, supervisors, and employees. On site training may be available through the Operating Administrations or through the Departmental Office of Civil Rights. For questions, please call 202-366-4648. Please consult the ONEDOT Sharing Neutrals Program Directive 1010.l A for additional information concerning the ADR mediation program for EEO cases at DOT, or by contacting the ONEDOT Sharing Neutrals Program at area code 202-366-4648, TDD: area code 202-366-1034.

Section 3.4: THE MEDIATION PROCESS

Schedule the Mediation

Once a mediator is selected, he or she may contact each party before the mediation is scheduled. These discussions are confidential and are designed to help clear the way for communication and resolution, and to answer any questions regarding the process. Some mediators prefer to have no communication with the parties before the mediation session, in order to allow each party the opportunity to fully explain the issues in front of the other party. Mediators have their own personal style that they will bring to the mediation process.

Once a mediator has been selected, the Departmental Mediation Coordinator will work with all parties to schedule mediation time and location. Mediation will be conducted in a neutral location.

Preparation

Parties should come to a mediation session prepared to discuss the issue and possible resolution. Settlement options from the agency should be coordinated before the meeting by the management official and/or their representative. Perhaps the most important thing any mediating party can do to ensure a satisfying and successful mediation experience is to prepare by seeking clarity as to individual desired outcomes and perceived standards of fairness. Being able to listen to the other party's point of view, even when you do not agree with it, will allow you to develop options that meet both of your needs. It is in the ability to see the whole picture from both perspectives that a mutually satisfying agreement will arise. Parties with a limited number of open issues and the ability to communicate well will spend less time in mediation.

Mediation Session

The mediator will conduct the mediation. The mediator and the parties will agree to keep the mediation confidential. Each party will get to describe their view without interruption. If necessary, the mediator may ask for separate discussions or caucuses with each party. Mediation will continue until a resolution or the parties agree that no resolution will be reached. Since mediation is a voluntary process, either party may end the mediation session at any time. If there is a possible settlement, the mediator will draft the terms and conditions for each party to review for approval or modification.

Resolution

If the parties reach a settlement, the mediator will write a Resolution Agreement. If the agency fails to comply with the Resolution agreement, the complainant has 30 days from the date they knew of the noncompliance to contact the Departmental Office of Civil Rights. Mediation does not always lead to a successful resolution. If this occurs, the mediator will inform the Departmental Mediation Coordinator, who will send the case back to continue from the point in the EEO Complaint Process where it had been stopped.

Post Mediation - Execution and Agreement of the Resolution

The Civil Rights Director or appropriate designated official will monitor the agreement for compliance.

Breach of the Resolution Agreement or Noncompliance

If the complainant feels that there has been noncompliance with the terms of the resolution agreement, he or she should contact the appropriate Regional Office of the Departmental Office of Civil Rights. A notice, in writing, must be submitted within 30 days of when the complainant knew or should have known of the breach. The complainant can either request that the terms of the agreement be carried out or that the complaint resume from where it was stopped during the EEO Complaint process.

More information

Please click here to download an Adobe PDF document for further information regarding the EEO Formal Complaint Phase, Appeals Process, and the Judicial Process.

Download Adobe Acrobat Reader

Section 3.5: MEDIATION: AN EXAMPLE

NARRATOR: Now that we have talked about the mediation process and the good things it can do, let’s walk through an example of ways in which a dispute can be resolved by mediation.

Meet Donna Edwards, a DOT employee who has recently been chosen as a Branch Chief. She reports she has been having a problem with her boss, Gordon Gonzales. She feels he treats her unfairly because of her gender. She is not sure she wants to file a sex discrimination complaint, because she fears that would sour their working relationship even more. She would like to see if they can talk it out and come to a better understanding. The Office of Civil Rights has assigned a mediator from another federal agency, Thomas Moran, and a DOT employee from another part of the agency, Juliet Baker, to serve as co-mediators. As we join them, Juliet is explaining her role as mediator.

JULIET: Good morning. My name is Juliet Baker. I am an experienced mediator and will serve as your mediator today, along with Thomas Moran, my co-mediator.

We are happy that you both have agreed to sit down to talk this out. Our goal this morning is, primarily, to discuss the matter that brought you here today, and hopefully, get to a better understanding of each other’s views on the matter. Secondarily, once we have discussed the situation, we will see if we can come up options that will settle your dispute, and that will allow you to put this problem behind you.
Let me be clear on my role in this mediation. I am not here to impose any settlement on you. I am not under any pressure from DOT to resolve this one way or another. So, this is purely a voluntary effort on your part, based on what you feel is the best solution for you.

JULIET: Typically, the individual who requested mediation goes first, and has the opportunity to fully describe what brought us here today. Is that okay with both parties?

DONNA: Yes

GORDON: Yes

JULIET: Donna will explain, from her perspective, what has occurred, and while she is doing that, I would ask that there be no interruptions. Gordon will have the same opportunity. I may ask a few clarifying questions at the end, before it is turned over to Gordon to give us his view of the problem.

Again, I would ask that the common courtesy of no interruptions be extended. If at any time you would like to proceed in a different fashion, or would like to end the mediation session, let me know.
Mediation is a voluntary process, and it is here to work for you.

JULIET: As we continue the discussion, I would ask you that you remain as open minded as possible, this is an opportunity to understand how the other side sees things.

We may also want to meet privately, or you may want to meet with us privately, one-on-one, so you can talk more freely and explore some alternative solutions that you might not be comfortable talking about in front of each other.

If there is anything that you wish to reveal to us as the mediators, that you think might be beneficial in assisting us to fashion some options for you, but don’t want the other party to know, you can reveal it at this time. This is often referred to as a private party caucus. We can then reconvene and continue the dialogue.
After we have a better understanding of each other’s position, we can begin to discuss possible solutions which you can both live with. If there is an agreement reached at the end, we will help you draft a written settlement agreement.

NARRATOR: Juliet and Thomas go on to assure them that mediation is a confidential process in that mediators may not testify or reveal any information disclosed to them at any time during the mediation. Then they ask Donna to describe what she thinks the problem is.
Let’s listen.

DONNA: Well, I….The problem is….See, I was promoted to Branch Supervisor before Gordon got here, and I inherited a bunch of personnel problems. I have been struggling with the people in the Branch to get it under control.

When Gordon first came here, I tried to talk to him about my “problem children”, but he didn’t seem interested, and he didn’t offer any help.
In addition, some of the guys in the Branch seem to resent working for a female, and they just drag their feet on everything. To make it worse, since Gordon got here, I have noticed that he by-passes me when he wants something from my Branch, and sometimes he will call one of my employees up to his office and give them instructions directly. It seems like he doesn’t want to deal with me, either. I only find out about it by accident.

Like, last month, I asked Marvin about the status of a project he was supposed to be working on, but he said he hadn’t been able to get to it because he was working on something for Gordon, instead.
It’s gotten so that I can’t control my Branch any more.

I haven’t noticed Gordon doing that with the other Branch Supervisors, but then they are all males, and maybe Gordon feels more comfortable dealing with men. But, I’ve worked hard getting to this point, and I think I am perfectly capable of running the Branch. I just need to have some support from Gordon and have him stop undermining my authority.

That’s how I see the problem.

NARRATOR: Then Juliet turns to Gordon and asks him to tell his side of the story.

GORDON: I don’t think I treat her any differently than I do the other Branch Supervisors. It’s true that she has some problems in that Branch, and as a new supervisor, she just doesn’t have the experience to deal with them. But, when things really get popping around here, I have to make things happen fast, so sometimes I just cut out the middle-man and go directly to the specialist who is working on the problem.

I’m not by-passing her because she is a woman; I just want to get things done.

She brought up that thing with Marvin last month. That’s a good example of a hot project that had a short fuse. I just didn’t have time to come down and explain it to Donna, and then have her relay it to Marvin and maybe not pass on all the details to him. So, I called him into my office and gave him the straight scoop, first-hand.
Now, maybe I should have called Donna later and filled her in, but I was just too busy putting out fires.

Like she said, she was promoted to Supervisor before I got here, and I don’t know who else was considered for the job. But she is going to have to pick up the supervisory skills just like any new supervisor. I don’t have time to hold her hand.

[Scene shift: Smaller office, informal setting. Thomas, Juliet and Donna sit facing each other.]

NARRATOR: After Gordon talks some more about his frustrations, Juliet and Thomas suggest they take a break so that they can caucus with each one individually. Here’s some of what they discuss when they are alone.

DONNA: Boy, did you hear how he came across? He just doesn’t want to deal with me. I can’t believe that I am any worse as a Branch Supervisor than the other guys.

JULIET: Yes, but you also heard him admit that he should have talked to you and alerted you that he had dealt directly with Marvin in an emergency. Going forward, what changes would you like to see from Gordon that would improve your working relationship?

DONNA: Well, most of all, I would like to get as much respect from him as he shows the other Branch Supervisors. If he really thinks that I’m not doing a good job as a Supervisor, then I wish he would tell me what I am dong wrong, and kind of mentor me. Or if he thinks I need more training, I wish he would tell me what I need and send me to a training course, or something.

THOMAS: Do you think that would be a good basis for a resolution?

DONNA: Yeah (hesitantly). I don’t know how you are going to get him to agree to show me some respect, though.

THOMAS: You have raised the issue of respect a few times. You also mentioned that he was by-passing you and going to directly to your employees. IS that what you view as disrespectful, or is there something else?

DONNA: That’s a biggy. That tells a lot to my employees too. That really irks me.

THOMAS: How would you like to address that?

DONNA: I want him to stop. (Silence) If he could call me in at the same time he calls one of them in, you know, just include me, that would be fine, I mean, I don’t need a heads up all the time, and as the boss I know he doesn’t have to go through me.

THOMAS: Would you like to run that by him when we all get back together?

DONNA: Okay, I guess I can do that.

[Fade]
[Scene shift: Same small office, with Juliet, Thomas, and Gordon.]

THOMAS: Gordon, tell us, what do you think Donna was really saying in there?

GORDON: Well, it sounded to me that she was feeling really insecure in her new job as Supervisor. And, she really isn’t very strong as a supervisor; she is too soft on her people when they make mistakes.

JULIET: It sounds like you are really interested in helping her. How can you assist her, do you have any ideas?

GORDON: Well, I suppose there is a training course out there, but she hasn’t come to me to ask for any training. Anyway, I don’t know that you can learn to be a supervisor just by taking a class.

JULIET: You said you have been a supervisor for fifteen years. Do you have some tips you could pass on to her that would help her manage her Branch and take some of the load off of you?

[Fade out]

GORDON: Yeah. I’ve learned some things the hard way. One time I had a…..

[Scene Change: Back to the conference room}

NARRATOR: Gordon talks some more about his experience as a supervisor, and then he and Thomas and Juliet discuss some ideas that may help Donna improve her skills. Later, the mediation is reconvened with both parties, and they talk about the future. Let’s catch the tail-end of the conversation.

JULIET: So, we have talked about things that have happened in the past two months, and you have both expressed dissatisfaction with the working relationship. Now let’s talk about going forward and see if we can work out an understanding. Donna, what do you see as a resolution to this problem?

DONNA: Well, I would like to be able to meet with Gordon on a regular basis, not just when there is a crisis, and talk about things that are going on in my Branch. Maybe he could help me sort them out. And I would ask, (looking at Gordon) if its not too much trouble, could you give me a call when you call in one of my employees, so I can know what is going on. Maybe I have something to contribute, you never know…

JULIET: Gordon, what do you think?

GORDON: I’d be willing to meet with her once a week at a set time, but I don’t think either of us can afford the time to do it more often.

JULIET: Would once a week be alright, Donna?

DONNA: Yeah. That’s certainly better than what’s happening now.

JULIET: What about Donna’s suggestion, Gordon, that you have her in when you give her employees assignments?

GORDON: Well, yeah, I guess I should be more careful about closing the loop. Sometimes I do it on the spur of the moment, but I’ll try to bring her in on it when I do.

JULIET: Is there anything else?

GORDON: Well, (looking at Donna) you need to be more assertive with your subordinates. If there is a training program that could help you, let’s discuss it, I’ll consider approving it if it’s within our budget. But I think I can help with that, too, in our weekly sessions.

DONNA: How do I know what courses are out there that would help me?

GORDON: How about if I contact the folks in Human Resources and get a list of classes. Then we can agree on one and write that into the agreement. Is that OK?

NARRATOR: After Gordon and Donna consult with the HR folks, the mediation session can be reconvened to focus on training to be scheduled. Then they set about to memorialize the agreement, which is put in writing. The agreement is not a complicated legal document, but has the full force and effect of a contract, is signed by both parties, and any other appropriate officials. The mediators will check with the Office of Civil Rights regarding any particular procedures that must be followed and will advise the parties accordingly.

[End of Presentation]

Section 4.1: RESOURCES

Federal Resources

Departmental Office of Civil Rights - http://www.dotcr.ost.dot.gov/asp/adr.asp

Center for Alternative Dispute Resolution - http://www.dot.gov/ost/ogc/CADR/

ADR at the FAA's Office of Dispute Resolution for Acquisition - http://www.faa.gov/agc/odra/

Interagency ADR Working Group - http://www.adr.gov/

Equal Employment Opportunity Commission - http://www.eeoc.gov/mediate

U.S. Office of Personnel Management - http://www.opm.gov/er/adrguide/toc.asp

U.S. Institute for Environmental Conflict Resolution - http://www.ecr.gov/

Department of the Air Force, Air Force ADR Program - http://www.adr.af.mil

Department of the Navy ADR Program - http://adr.navy.mil

U.S. Department of Agriculture's Conflict Prevention and Resolution Center - http://www.usda.gov/cprc/

U.S. Department of Labor - http://www.dol.gov/asp/programs/adr/main.htm

US Postal Service - http://www.spea.indiana.edu/icri/doj.htm

Recommended Reading

Adler, Sara; Strategies For A Successful Employment Mediation
http://www.mediate.com/articles/sadler.cfm

Bazerman, Max H. and M.A, Neale, NEGOTIATING RATIONALLY , The Free Press, 1992

Bush, R.A.B. & Folger, Joseph; THE PROMISE OF MEDIATION (1994)

Cloke , Kenneth & Joan Goldsmith; CONFLICTS AT WORK: A COMPLETE GUIDE FOR EVERYONE ON THE JOB; (San Francisco, Jossey-Bass 2000)

Cloke, Kenneth, Joan Goldsmith; RESOLVING PERSONAL AND ORGANIZATIONAL CONFLICT (San Francisco, Jossey-Bass 2000)

Cohen, H.; YOU CAN NEGOTIATE ANYTHING (1980)

Covey, Stephen R.; THE 7 HABITS OF HIGHLY EFFECTIVE PEOPLE: POWERFUL LESSONS IN PERSONAL CHANGE (1989)

CPR Institute for Dispute Resolution; HOW COMPANIES MANAGE EMPLOYMENT DISPUTES: A COMPENDIUM OF LEADING CORPORATE EMPLOYMENT PROGRAMS (New York, CPR Institute 2002)

Dana, Daniel; CONFLICT RESOLUTION: MEDIATION TOOLS FOR EVERYDAY WORKLIFE (New York, McGraw-Hill 2001)

Dana, Daniel; MANAGING DIFFERENCES: HOW TO BUILD BETTER RELATIONSHIPS AT WORK AND AT HOME, 3rd ed. (MTI Publications, Prairie Village, Kansas, 2001)

Deutsch, Morton & Coleman, P.T. eds..; THE HANDBOOK OF CONFLICT RESOLUTION; THEORY AND PRACTICE

Fisher, R & Ury, W; GETTING TO YES: NEGOTIATING AGREEMENT WITHOUT GIVING IN (1981)

Kheel, Theodore W.; THE KEYS TO CONFLICT RESOLUTION: PROVEN METHODS FOR RESOLVING DISPUTES VOLUNTARILY; New York, For Walls Eight Windows (2001)

Lewicki, R. & Litterer, J.; NEGOTIATION (1985)

Lipsky, Donald P., Ronald L. Seeber, and Richard D. Fincher; EMERGING SYSTEMS FOR MANAGING WORKPLACE CONFLICT: LESSONS FROM AMERICAN CORPORATIONS FOR MANAGERS AND DISPUTE RESOLUTION PROFESSIONALS (San Francisco, Jossey-Bass 2003)

Maurer, Rick; BEYOND THE WALL OF RESISTANCE: UNCONVENTIONAL STRATEGIES THAT BUILD SUPPORT FOR CHANGE, Austin, Bard Books (1996).

Maurer, Rick; WHY DON'T YOU WANT WHAT I WANT: HOW TO WIN SUPPORT FOR YOUR IDEAS WITHOUT HARD SELL, MANIPULATION OR POWER PLAYS, Austin, Bard Books (2002)

Moore, C.; THE MEDIATION PROCESS (2nd ed. 1996)

Phillips, Barbara Ashley; MEDIATION FIELD GUIDE: TRANSCENDING LITIGATION AND RESOLVING CONFLICTS IN YOUR BUSINESS OR ORGANIZATIONS (San Francisco, Jossey-Bass 2001)

Picker, Bennett G. MEDIATION PRACTICE GUIDE: A HANDBOOK FOR RESOLVING BUSINESS DISPUTES (ABA 2003)

Plackard, Kirk & James W. Gibson; CAPITALIZING ON CONFLICT: STRATEGIES AND PRACTICES FOR TURNING CONFLICT TO SYNERGY IN ORGANIZATIONS: A MANAGER'S HANDBOOK (Palo Alto, Ca., Davis-Black Publishing 2002)

Rendon, Josefina; When You Can't Get Through to Them: Cultural Diversity in Mediation, ALTERNATIVE RESOLUTIONS (Jan. 2000). Reprinted at:
http://mediate.com/articles/rendon.cfm

Rendon, Josefina & Judy Dougherty; Going Postal: A New Definition and Model for Employment ADR, THE HOUSTON LAWYER (Jan/Feb 2000). Reprinted at:
http://www.txmediator.org/toolkit/Going%20Postal.htm

Shapiro, R.M. & M.A. Jankowski; THE POWER OF NICE: HOW TO NEGOTIATE SO EVERYONE WINS - ESPECIALLY YOU (2001).

Stark, Peter & Flaherty, Jane; THE ONLY NEGOTIATING GUIDE YOU'LL EVER NEED: 101 WAYS TO WIN EVERYTIME IN ANY SITUATION (2002)

Stone, Douglas, Bruce Patton & Sheila Heen; DIFFICULT CONVERSATIONS: HOW TO DISCUSS WHAT MATTERS MOST (New York, Viking 1999)

Ury, W.; GETTING PAST NO: NEGOTIATING WITH DIFFICULT PEOPLE (1991)

Ury, William L.; THE THIRD SIDE: WHY WE FIGHT AND HOW WE CAN STOP (Penguin, 2000)

Weinstein, Rebecca J.; MEDIATION IN THE WORKPLACE: A GUIDE FOR TRAINING, PRACTICE AND ADMINISTRATION; Wesport, CT , Quorum Books

Wright, Walter; Cultural Issues in Mediation: Individualist and Collectivist Paradigms
http://mediate.com/articles/wright.cfm

[End of Document]

©2005 The United States Department of Transportation