{"id":804,"date":"2011-03-14T17:27:42","date_gmt":"2011-03-14T21:27:42","guid":{"rendered":"http:\/\/businessconflictmanagement.com\/blog\/?p=804"},"modified":"2011-03-14T17:27:42","modified_gmt":"2011-03-14T21:27:42","slug":"various-topics-raised-in-global-mediation-forum","status":"publish","type":"post","link":"http:\/\/www.businessconflictmanagement.com\/blog\/2011\/03\/various-topics-raised-in-global-mediation-forum\/","title":{"rendered":"Various Topics Raised in Global Mediation Forum"},"content":{"rendered":"

The 15th<\/sup> meeting of the UIA World Forum of Mediation Centers was held March 11-12 in Athens.\u00a0 About 130 people attended, many of them Greek attorneys, by far the largest assembly in this group’s history.<\/p>\n

The meeting took place about a month after the enactment in Greece of a mediation law consistent with the provisions of the European Directive, making it timely for the many Greek lawyers who attended.\u00a0<\/p>\n

\"\"<\/p>\n

Here are brief reports on some of the panels at the Forum:<\/p>\n

Mediation of Labor Disputes<\/span>:\u00a0 Linda Forese of Dresser Italia in Florence, Ioannis Nerantzis, and Giorgio Grasso of Gelex in Rome gave a presentation on mediation of labor disputes in a highly unionized environment.\u00a0 They reported that companies are seeking strategies to avoid lockouts, boycotts, strikes and individual sabotage.\u00a0 The thrust of the presentation was that, in union settings, services of mediation and reconciliation are valuable (and in some cases such as public employment in several European states obligatory); and, in individual contexts, it is useful to provide for a for employee complaints and inquiries.\u00a0<\/p>\n

One interesting point in Ms. Forese’s presentation was reference to an Ombudsman in individual employee complaints; until recently, the concept of an organizational Ombudsman was unfamiliar outside the United States.<\/p>\n

Change Management<\/span>:\u00a0 Aleksandra Weber of Munich and Jane Gunn of Reading offered a presentation on “change management.” Ms. Gunn described the experience of assisting a company’s implementation of a new IT capability over four countries, effecting 10,000 employees.\u00a0 The process of identifying and acknowledging stakeholders and managing the process in the face of institutional inertia was clearly presented.\u00a0 The critical roles of consultation, absorption and flexibility were emphasized, as well as the critical difference between dealing with expressed conflict arising from change, and managing change within the organization so as to avoid conflicts arising.\u00a0 The main principles were inclusion of broad coalitions of stakeholders with an eye to ensuring that they have been heard, and being willing to alter process and, where prudent, outcomes as legitimate concerns may dictate.<\/p>\n

Proactive Workplace Mediation<\/span>:\u00a0 This panel comprised Marko Irsic of Slovenia and Haris Meidanis of Greece.\u00a0 Mr. Irsic explained transformative mediation in a workplace setting and spoke to the benefits of “proactive mediation” in improving the workplace and the company’s productivity.\u00a0 The key is mediation processes that seek to increase mutual understanding and a change in the parties’ views of each other to more healthy and productive bases.\u00a0 Mr. Meidanis emphasized the benefits of acting upon a situation in order to cause change, rather than reacting to something that has happened in order to “chase” change.\u00a0 In practice, it supports the reformation of business relationships prior to the point when those relationships begin seriously to deteriorate.<\/p>\n

From Mystery to Mastery<\/span>:\u00a0 Jane Gunn and Spryos Antonelos discussed what attributes are shared by exceptional mediators.\u00a0 They suggested three “stages” of mediator development:\u00a0 First mastering and observing the established and familiar skills; second being aware of what\u00a0one is doing and why, able to select among skills for particular purposes; and third exploiting one’s own personal abilities to play strengths, follow instincts, and distinguish\u00a0a particular and singular\u00a0method of practice from other practitioners.\u00a0 The end goal, she said, is one of interpreting what is going on in a room and responding appropriately and effectively.<\/p>\n

Coaching<\/span>:\u00a0 Colin Wall of Hong Kong gave an overview of this topic, which addressed the use of mediator skills in other contexts.\u00a0 Francois Bogacz introduced Alex Yarolavsy from New York, discussing conflict coaching.\u00a0 This involved advising clients to form a strategy to overcome a present conflict.\u00a0 This involves determining the client’s objective in the conflict and assist in generating possible outcomes that satisfy these objectives.\u00a0 The coach works with only one party and assists that party’s development of negotiating strategies to further that party’s interests.\u00a0 According to Yarolavsy, it requires a functional knowledge to communicate effectively on the client’s issues; empathy to that party; and analytical skills to piece together the causes and opportunities of the conflict at issues.\u00a0<\/p>\n

Johanna Kalowski remotely reported on the experience of serving as a standing negotiator\/mediator within a bank with respect to diversity conflicts among employees.\u00a0 Part of the job was to increase the skill levels of managers, allowing them to perceive issues in ways other than clear disputes.\u00a0 The manager then would become a type of mediator.\u00a0 This she found herself coaching middle managers on how to enter into these concerns and problems despite their usual reticence towards conflicts.\u00a0<\/p>\n

Konstantine Katsigiannis addressed diversity management within organizations.\u00a0 Different elements share a common denominator, and their various views of a shared problem may result in conflict.\u00a0 A coach is used to enter into this environment, smooth out tensions, and allow best-functioning teams to arise.\u00a0<\/p>\n

Mediation and Insolvency<\/span>:\u00a0 Stefano Pavelic gave an overview of the topic of mediation in a crisis environment, specifically the financial collapse of 2008 and its impact on commercial dealings.\u00a0 He opined that these disputes are more challenging than most.\u00a0 It calls for quick skills in distinguishing between positions and interests, especially in negotiations, creation of options, and use of reality testing.\u00a0<\/p>\n

\u00a0Catherine Cotsaki suggested that creditor\/debtor conflicts (including household bankruptcy) in Greece lend themselves to resolution by mediation.\u00a0 Peter Phillips cast doubt on that proposition in a more narrow context based on outcomes of voluntary foreclosure mediations in New Jersey.\u00a0 Nicole Baladis explained the details of pre-bankruptcy procedures under Greek law.\u00a0 Mark Appel reported on AAA’s participation in mandatory mortgage foreclosure mediation in Florida and suggested that the foreclosure process is susceptible to abuses (i.e., robo-signers), but that mediation can impose order and process upon a chaotic situation.\u00a0 However, he reported no better statistical outcomes for Florida than Mr. Phillips had in New Jersey.\u00a0<\/p>\n

Thierry Garby of Paris noted that, upon threat of default it is the creditor, not the debtor, who has the problem.[1]<\/a>\u00a0 He related conciliation and renegotiation processes in the early 1990s when the Paris real estate market collapsed.\u00a0 Jean-Pierre Sala?n addressed the credit mediation scheme commenced in France in 2008, which features online applications by the debtors, mediator sessions with the borrower to clarify options, and meetings with both parties to determine acceptable alternatives to default\/foreclosure of commercial loans.\u00a0 He reported that 24,000 applications have been received representing \u20ac5.3 billion in value.\u00a0 63% of the sessions conducted have closed with an agreement, and (most importantly) tens of thousands of threatened jobs have been saved.<\/p>\n

Cultural Differences and Mediation in China<\/span>:\u00a0 Wang Cheng Jie and Cheng Hui gave an impressive presentation on Chinese approaches to mediation.\u00a0 Wang first noted the flexibility and party autonomy and control that characterize mediation.\u00a0 Cultural differences among the parties can therefore influence the process itself.\u00a0 These differences may include\u00a0language, knowledge, life views, values and customs.\u00a0 By way of example, Wang said that Western attitudes are positive and direct, accepting conflict as a fact of life.\u00a0 By contrast, Eastern cultures seek to avoid conflict, prefer harmony, and avoid disputes as abhorrent and abnormal.\u00a0 That being the case, a Western and Eastern person may choose mediation for different reasons and with different expectations, leading to risk of obstacles in communication and inconsistencies in bargaining behavior.\u00a0<\/p>\n

Wang continued with his list of differences:\u00a0 Western expectations are interest-dominated, defending rights.\u00a0 Eastern expectations are relationship-dominated, seeking a long-term relationship or other long-term interests because, as the saying goes, “Harmony brings wealth.”\u00a0 These different orientations may lead to misunderstandings and even a lack of trust.\u00a0<\/p>\n

Put otherwise, Western mediation is “face-to-face” with a joint meeting and personal exchanges of views.\u00a0 Eastern mediation is “back-to-back” and relies on caucuses and the explanation of interests to the mediator, not to the counterparty.\u00a0 An appreciation of this difference counsels attention to the process at the outset.\u00a0 Other differences are seen in choosing mediators.\u00a0 Western practice is a neutral person who will facilitate the communication.\u00a0 Eastern preference is for a mediator who is a trusted acquaintance, who will involve himself in the judgment and make wise suggestions for closure.\u00a0 This, too, suggests that the role and duties of the mediator be jointly understood before the process begins.<\/p>\n

Western thinking is linear and chronological, dividing a task into smaller units.\u00a0 Eastern thinking is comprehensive and will embrace the entire issue without internal priority-making.\u00a0 Thus, Westerners may consider agreement on selected issues but Eastern negotiators envision one final binding agreement defining the relationship of the parties.\u00a0 All of these concerns highlight the importance of coordination and attention to the process in cross-cultural mediations.<\/p>\n

Colin Wall of Hing Kong pointed out that there are many cultural variations in the ethnically rich and very large country of China.\u00a0 He also noted that Asian cultures differ: Japanese parties\u00a0need no overt judgment from the mediator;\u00a0a hint will usually be enough.\u00a0 He said that mediation at the Beijing Arbitration Center will be conducted like American mediation, since that staff has been trained by Tom Stipanowich of Pepperdine.\u00a0 His point was that there is no end to cultural sensitivity, and that slow and patient mediation processes, meandering and gathering information, is the only key to serving the particular disputants at hand.<\/p>\n

\u00a0<\/p>\n

\n

\u00a0<\/p>\n

[1]<\/a>\u00a0Garby told the story of Moise, who could not sleep because he owed his neighbor David money the next morning but could not pay.\u00a0 Annoyed by her husband’s tossing and turning, Moise’s wife went next door to David’s house, roused him from sleep, and said “My husband Moise cannot pay you the money he owes you tomorrow.”\u00a0 She then returned to bed and said to her husband, “Go to sleep.\u00a0 Now it’s his problem.”<\/p>\n","protected":false},"excerpt":{"rendered":"

The UIA’s International Forum of Mediation Centers successfully convened practitioners from around the globe in Athens, Greece, and a report is offered of the topics of dicussion.<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36,13,14],"tags":[25,15],"class_list":["post-804","post","type-post","status-publish","format-standard","hentry","category-europe","category-international","category-mediation","tag-adr-institutions","tag-mediation"],"aioseo_notices":[],"_links":{"self":[{"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/posts\/804","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/comments?post=804"}],"version-history":[{"count":0,"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/posts\/804\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/media?parent=804"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/categories?post=804"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.businessconflictmanagement.com\/blog\/wp-json\/wp\/v2\/tags?post=804"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}