Building the Foundation for a Successful Mediation

A conflict between two colleagues has reached a boiling point. After several unsuccessful attempts by HR and leadership to resolve the conflict internally, the company engages a neutral third-party to “mediate.” What happens next?

Although mediation is commonly associated with legal disputes, organizations often use mediation to address workplace conflict between colleagues, supervisors and direct reports, teams, departments, and vendors. In a legal setting, mediations usually focus on reaching an agreement that allows the parties to part ways. Whereas in a workplace setting mediations generally focus on relationship preservation, alignment, and finding a workable path forward.

Many people think of mediation solely as the parties meeting together in a joint session with a mediator. While that is usually part of the process, the success of mediation frequently depends on the preparation phase that occurs before the parties sit down together.

Conflict naturally narrows perception. As frustration, distrust, or resentment accumulate, people often become increasingly convinced of their own narrative while disregarding competing perspectives. This can cause parties to enter the mediation process focused on defending positions rather than understanding the concerns driving the conflict. Without meaningful preparation, that mindset can limit the parties’ ability to understand competing perspectives and identify realistic paths forward.

What follows is a step-by-step explanation of the preparation that can occur before the mediator brings the parties together in a joint session.

Initial Discussions with the Mediator

During the preparation phase, parties meet separately with the mediator to discuss the process. At the outset, mediators frequently work with the parties to identify conditions that support productive participation, including logistical considerations, process preferences, and accommodations that may help parties engage effectively. The initial discussions provide the parties with an opportunity to ask questions and clarify expectations. The goal is to develop the trust, comfort, and knowledge that help establish a foundation for successful mediation.

The discussions also lay the groundwork for mediators to gather facts that may be helpful for the mediator and other parties in finding a path to resolution.

Fact Gathering

Depending on the nature of the dispute, the mediator may gather information from a variety of sources during the preparation phase. For example, the mediator may review particular documents or interview parties to the mediation, as well as other individuals with relevant knowledge or perspectives. The mediator may also ask the parties to prepare written statements describing relevant background, their perspective on the issues, and desired outcomes.

The purpose of these efforts is to help the mediator understand context, the relationships involved, and the issues that may need to be addressed. Fact gathering can also help the mediator identify areas of agreement and disagreement, understand relevant organizational dynamics, and better design the process for the joint sessions.

Understand the Situation and Context

Most workplace conflicts do not emerge from a single interaction. Often, they develop gradually through accumulated misunderstandings, organizational pressures, unresolved frustrations, or assumptions that harden over time.

For these reasons, it is important for the parties to reflect on the history and context surrounding the conflict and the relationship itself. Thinking through the relationship and when tensions began to develop may help illuminate misunderstandings, organizational issues, or other factors that contributed to the conflict. Some questions for parties to consider with the mediator:

• What do you believe the conflict is about?
• How might the other party describe the situation differently?
• What considerations may be influencing their behavior?
• What outcome are you hoping for?

These questions may seem straightforward, but many conflicts persist because the parties become entrenched in their positions and operate from very different understandings of the problem. Working through these types of questions with the mediator allows the parties to step back to consider opposing viewpoints. This broader perspective also helps the parties and the mediator identify the underlying “interests” to explore and address during the remainder of the mediation process.

Identify Underlying Interests

Many parties enter mediation focused almost exclusively on “positions,” meaning the outcomes they seek, the proposals they advocate, and the changes they believe are necessary. Productive mediations shift the focus from positions to “interests,” including the underlying priorities, concerns, motivations, and objectives that are driving the parties’ positions. Positions divide parties, while interests often reveal shared goals.

For example, two leaders may appear to be arguing about decision-making authority. One party’s position may be that all strategic decisions require her approval, while the other insists she needs more autonomy to operate effectively. On the surface, the dispute appears to be about control or decision-making authority.

In reality, when explored further the underlying interests may be very different. One leader may be primarily concerned about risk mitigation, while the other may be seeking trust. Once those interests become clear, the parties are in a better position to move beyond defending positions and instead identify workable solutions that address the interests actually driving the conflict.

In identifying interests, helpful topics of discussion with the mediator include:

• What concerns, priorities, motivations, and objectives are driving your position?
• What interests may be motivating the other party?
• What interests are important to you and why?

After identifying underlying interests, the range of potential options for a resolution often expands beyond the parties’ original positions.

Generate Options

Mediators can help the parties uncover mutually agreeable solutions that were not initially considered because the parties were narrowly focused on their positions. Before the parties come together in a joint session, parties can consider with the mediator:

• What workable options or adjustments may improve the situation even if they are not the ideal outcome?
• Are there unexplored operational, communication, structural, or relationship-based solutions?
• Which options address the interests of both parties?
• Are there interim or partial solutions that could help rebuild trust or improve functionality?

Conflicts become difficult to resolve when the parties see only a limited number of possible outcomes. Generating options can help broaden perspective, reveal potential areas of agreement, and strengthen the foundation for productive discussions.

Be Prepared

When approached thoughtfully, the preparation phase serves as a bridge between conflict and constructive dialogue. It provides an opportunity for participants to gather information, reflect on their goals, identify underlying interests, and consider potential paths forward. Parties who engage thoughtfully in that process enter the mediation with greater clarity, perspective, and flexibility, which improves the likelihood that the parties will find a path forward.

Preparation helps transform mediation from a reactive process into a deliberate one, enabling the parties to spend less time reacting to the conflict and more time addressing it.