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Virtual Mediation Resources Library

Here at ADR Vantage, we are compiling resources that we have found helpful for customizing our approach to conducting effective virtual mediations.  Please find links below. We will be updating this periodically.

1. https://news.bloomberglaw.com/us-law-week/insight-effective-virtual-mediation-during-the-coronavirus-crisis.  Written primarily for attorneys about preparing and supporting their clients in mediation with some useful points for mediators to consider in planning for or coordinating with the representatives.
2. https://edwardsmediationacademy.com/virtual-mediation/.  A thoughtful article that discusses the preparations and considerations one might adopt at every stage in mediation.
3. https://www.mediate.com/articles/online-mediating-zoom.cfm.  An accessible breakdown of how to prepare for and use the video-conferencing platforms, may be especially valuable for people new to video conferencing.
4. http://www.vacourts.gov/courtadmin/aoc/djs/programs/drs/mediation/resources/mediating_online.pdf  Mediating online tips and tricks flyer created by Dispute Resolution Services for ADR practitioners. Copyright DRS-OES Supreme Court of Virginia.

Virtual Mediations and Confidentiality

Confidentiality is a foundational element of mediation and essential in creating a trusted space to have open dialogue. Our mediators start every mediation with a review and signing of an Agreement to Mediate. In response to the COVID-19 pandemic, we have seen significantly more use of virtual mediations (telephonic and video) and observed that it’s sometimes harder for parties to secure a private space. So we took a fresh look at our Agreement to Mediate and updated our confidentiality provisions. Below is the full text with our new language in bold.

AGREEMENT TO MEDIATE

Mediation is a privileged and confidential process. All parties and representatives whose signatures appear below agree to enter into mediation with the intent of reaching a mutually agreeable resolution of the dispute and that the proceedings involved in and information disclosed in preparation for and during the mediation are confidential.

Confidentiality extends to and includes any statements made or documents prepared by any party, representative, Mediator, or other participant. Any documents submitted to the Mediator or statements made during the mediation are for settlement purposes only and are not subject to discovery. The undersigned agree that they will not record, transcribe or voluntarily disclose any confidential information, nor will they seek disclosure of confidential information in any subsequent proceeding, and to be bound by this agreement regardless of the outcome of this mediation.  For mediations conducted remotely, the parties acknowledge that the undersigned includes all persons present for any part of the mediation, whether in person, by phone or online. They agree to announce to the mediator and other party(ies) if a person, who had not signed the agreement, joins their room or connection.

Confidentiality extends to and includes any statements made or documents prepared by any party, representative, Mediator, or other participant. Any documents submitted to the Mediator or statements made during the mediation are for settlement purposes only and are not subject to discovery. The undersigned agree that they will not voluntarily disclose any confidential information, nor seek disclosure of confidential information in any subsequent proceeding, and to be bound by this agreement regardless of the outcome of this mediation.

The Mediator will facilitate the discussions and negotiations toward settlement. The Mediator has no authority to decide the case and will not give advice or act as an advocate or attorney for any party. In no event will a Mediator voluntarily disclose confidential information or testify on behalf of a party regarding confidential information or submit any type of report on the substance of the mediation. All parties and representatives agree not to subpoena the Mediator, or any documents submitted to or generated by the Mediator.

All parties understand that the mediation process requires good faith efforts to be successful. They agree to pursue settlement of their dispute through the mediation process in good faith and use their best efforts to achieve resolution. While the parties intend to continue with mediation until a resolution is reached, it is understood that either or both parties may withdraw from mediation at any time. Prior to withdrawing from mediation, the parties and the Mediator agree to discuss the reason for withdrawing from mediation. No party shall be bound by anything said or done at the mediation unless a written settlement is prepared and signed by all necessary parties.

If agreement is reached, the Mediator(s) will ensure the preparation of a settlement agreement.  Once signed and approved by all parties, it will be binding on all parties to the agreement.

All program personnel and case coordinators from ADR Vantage are bound by confidentiality and will not disclose the substance of the mediation, except for information revealed to staff solely for purposes of program management and assessment. All documents provided to the Mediator will be destroyed after the conclusion of the mediation unless otherwise instructed by the parties as a condition in the signed agreement.

All parties and representatives have read, understand, and agree to the provisions in this agreement.

[Signatures of all parties]

Brain Breaks for Virtual Meetings and Trainings

There’s a reason why the popular TED Talks format is limited to no more than 18 minutes. With backing from real-world research and the field of neuroscience, TED curator Chris Anderson explains that the organization decided on the 18-minute format because “it is long enough to be serious and short enough to hold people’s attention.” This approach closely matches up with the long-time standard of keeping adult learning cycles to no more than 20 minutes.

That means, if you are hosting a meeting or training that’s longer than 18-20 minutes, you’ll need to find ways to keep your audience engaged. It will require changing up the learning activities at regular intervals and allowing time and space for actual bio-breaks (restrooms and coffee refills) as well as the occasional “brain break”. In this time of COVID-19 mitigation, many of us are having to switch our day-to-day business operations to include multiple conference calls and virtual meetings as well as keep our operations running smoothly with employee onboarding, training sessions and team meetings. All of which can last a lot longer than any of us have the attention for!

Some of our other ADR Vantage posts will be offering tips for virtual audience engagement but right now, let’s consider this idea of brain breaks. Brain breaks are opportunities to re-set the attention span clock and re-focus your audience. During these breaks, the brain moves away from learning and problem-solving and is able to refresh, see new perspectives, incubate ideas and even come up with new solutions. Different people need different types of brain breaks so we’re offering a few 1 – 3-minute suggestions you can try that boost energy, creativity and attention to re-set and refresh your audience.

• Try a simple movement exercise with your group. Whether you are on an audio or video conference call, you can ask everyone to take 1 minute to get up, move around and stretch. Our brains need oxygen to do our best work so getting your body moving is a great way to re-invigorate your audience. I used to work for the YMCA years ago so one of my favorite movement-based brain breaks is to walk your meeting attendees through how to do a “YMCA” body stretch. Imagine making each letter with your body. Start with arms above your head in a big reach-to-the-sky stretch to form the “Y”, then arch both arms down so your hands touch the top of your head like the McDonald’s golden arches to form the “M”, next make a big “C” stretching to the right and then the left (a forward and backward “C”) to get both sides moving and, lastly, end back with your arms stretched way up and have your hands come together to form a peak above your head for the “A”.
• 5-4-3-2-1 is another great brain break activity that is simple to do and can be changed in a variety of ways to fit your particular audience. Check out wellness expert Jay Shetty’s guidance on this example that asks individuals to gently close their eyes for a few seconds and then take turns sharing aloud 5 things that they hear (lights humming, cars outside, the radio, their clock ticking, and their cat meowing in the other room), 4 things they see (computer screen, sun outside their window, letters to open on their desk, a bottle of water), 3 things they feel (warm sweater they are wearing, stomach growling, and breeze from a fan nearby), 2 things they smell (their own perfume, lemon scented candle) and 1 thing they taste (coffee from their morning java). You could swap in anything for this. Try 5 favorites movies, 4 things that make you happy, 3 pet peeves, 2 favorite snacks, 1 place they have traveled. The options are endless! The side benefit from this activity is that it’s also a de-stressor – your brain can’t stay in high anxiety mode and also pay attention to this activity. Perfect for helping your team stay calm in times of crisis!
• Lastly, get creative! Play music; have each person share a photo of their family or their last vacation; ask a question like “what’s the last thing that made you laugh?” or “what are your weekend plans?” or “what would you do with an entire day off from work?” Anything you do to break up the pacing of the session and refocus a small bit of time on the audience, rather than your meeting or training content, can actually bring fresh energy and perspective to your session.  Your meeting participants will thank you and everyone will leave the session feeling like it was time well-spent.

Tara B Taylor, MPA
Managing Director

ADR VANTAGE, INC. NAMES TARA B. TAYLOR AS NEW MANAGING DIRECTOR

ADR Vantage, Inc. is delighted to announce the selection of Tara B. Taylor, MPA as its new Managing Director. Tara has worked as a contractor for ADR Vantage since 2016 and has already built a strong reputation with many current clients and stakeholders.

At ADR Vantage, Tara will provide leadership in planning and implementing strategic direction for the firm, managing and directing multiple client engagements, and providing direct client services, including conflict management, team building and strategic planning services. In addition, she will lead the firm’s diversity, equity and inclusion consulting practice.

Tara has vast experience in program management, curriculum design and delivery, and organizational and leadership development. She is an accomplished ADR practitioner with over 20 years of providing mediation, facilitation and consulting services to individuals as well as public and private organizations. Most recently she served as the Education & Outreach Director for the Maryland Commission on Civil Rights.

Tara also brings a deep knowledge and passion for diversity, equity, and inclusion work and how that can build stronger, more engaged, and more resilient teams in organizations of any size, across all sectors of industry.

“The workplace of the 2020’s is as diverse and complex as it has ever been, and ADR Vantage is committed to staying in step with our clients’ opportunities and evolving challenges,” according to ADR Vantage Founder and President, Dianne Lipsey. “Tara deepens our capacity to support individuals and organizations in their efforts to work better together and brings new dimension to our 26-year history of exceptional client-centered services.”   

Please join us in welcoming Tara as the new Managing Director of ADR Vantage.

Three Ways to help your Team Manage Transition

“Endings have a great way of bringing up unfinished business.” – Lennox Joseph

When I moved to Washington, DC from Baltimore, MD in 2010, I started to panic about missing all the places I had to yet to visit. “I’ve never been to the Peabody Library or the American Visionary Art Museum!” Endings represent finiteness, and the dwindling window of opportunity. As we approach the end of something, or even the threat of an end, emotions like fear and worry rise to the surface.

Within the workplace, a lot of things can signal an end and an opportunity about to be lost. It is important to know that any change will signal the end of something, and as you inch closer to the finish, employees might become more uncomfortable as the inevitable sets in. Here are three ways that employees might react to an end, and ways that you can more effectively support them manage the transition:

1. Venting – this is simply the vocalization of opinions, emotions, or points of view that have been previously withheld. Think of venting in literal terms. Similar to turning a pressure valve, venting includes a sometimes forceful release, but it relieves pent up or blockaded perspectives. (Example: An employee who sat by in silence while the team decided to convert to a new software, begins to outline all the reasons why the new software is no good just days before it gets installed on each employee’s computer.)
• Encourage the release. Venting can be an important and cathartic process so it is important to make space and time for it.
• Listen. Employees who vent typically feel unheard, either because they have yet to articulate their point of view, or because they already did and believe it fell on deaf ears. Recognize that employees who are venting in the face of an ending have something important to say.

2. Pivoting – this is a sudden shift in perspective that might seem out of nowhere. Someone who begins to advocate for a new solution, even before one process has ended, is pivoting. Pivoting is sometimes an avoidance tactic. If the person is not ready to face the end of something, and that end is seemingly inevitable, pivoting might feel safer than either accepting the incoming change or trying to prevent it. (Example: A team leader who immediately withdraws training allowances and begins to recruit new talent the moment their highest performing employee expresses interest in a role on a different team.)
• Slow down. Employees who pivot move fast because it protects them from having to face the emotional pain of acknowledging the change. Slowing down brings into focus the true impact of the change, and helps employees move forward in a more reasoned and intentional way.

3. Regressing – this is clingingly fiercely to old ways and patterns, or suddenly reverting back to the prior ways of doing things. Regressing can be a sign that someone is not ready to face the end of something, but it can also be because there is a lack of a meaningful alternative to whatever currently exists.
• Celebrate what was. Find out what was working well before, and identify ways to replicate or carry over some of those strengths into whatever comes next.
• Find value in what will be. If there is nothing for someone to anchor onto, and end will simply represent a loss without anything gained. Identify and articulate the value of letting go and moving into a new way of being.

Above all, anticipate that endings will resurface anything unresolved. Anticipate these reactions and plan accordingly to better support employees to resolve issues from the past, process the loss of what was, celebrate what worked, and develop best practices for moving forward.

Rick Buccheri
Director of Programs

Returning After the Shutdown

Federal employees returning to work after the shutdown might be feeling less than enthusiastic about picking up where they left off. Few people anticipated that the shutdown would go on for so long, and many employees have been working without pay. To support returning employees, and to return to normalcy as quickly as possible, consider the subtler ways that federal employees have been impacted by the shutdown, and learn what you can to do to ease their transition back to work.

Loss of Pay: The loss of pay hit hard, and for many, it created a downward financial spiral. As bills go unpaid, fees accrue, and credit scores dives. Federal employees are also prohibited from receiving some benefits that could have replaced lost income.

Increased Workload: Employees will be digging themselves out of their backlog and putting out metaphorical fires for weeks to come. Stress levels will be heightened for the immediate future. Employees who worked through the shutdown may feel acutely stressed, especially if they carried the workload in the absence of their furloughed colleagues.

Loss of Routine: It was impossible to predict when the shutdown would end, which made it difficult for furloughed employees to establish new routines or make long-term plans. It is challenging enough to have your routines, but without a replacement of a meaningful routine, many employees are likely experiencing a sense of unease or restlessness.

Loss of Community: For many, the workplace is home away from home. Most furloughed employees were prohibited from communicating using government phones or email accounts, so they were suddenly cut off from their closest community.

Employees are also experiencing a range of emotions that they are carrying with them as they return to their posts. Observing these emotions will help you understand how best to intervene, and how to prevent strong emotions from becoming another disruption.

Disrespected: Federal employees might feel like pawns in a political game. The American public looks to employers to play the role of provider and caretaker. Being denied a paycheck probably feels, to many, like an insult.

Disadvantaged: No one quite saw this shutdown coming, and it’s quite likely that most employees didn’t account for such a situation in their personal or financial planning.

Disoriented: After being away for weeks, employees might have trouble readjusting or focusing on work. With a backlog of work and anxious contractors waiting, some employees might be unsure of where to start digging in, or what tasks to prioritize.

Overwhelmed: For many, the shutdown added stress to their lives. While their work piled up, so did their bills. Most employees are not returning feeling rested, but even more stressed.

Concerned for others: Federal employees might be carrying additional worry for their friends and colleagues who have been affected by the shutdown. Supervisors and managers who take on the role of caretaker as part of their formal responsibility, might especially feel loaded with concern for employees that they supervise and support.

Scared: Employees will likely be scared about the prospect of another shutdown, and some might feel shaken by the sudden instability of employment in the public sector.

Falling back into steady patterns and workplace routines that feel anything close to normal will be hard, and it will take quite some time, even longer to feel fully reengaged.

What to do Next:

Here are four steps you can take to help employees let go of negative emotions, reconnect with each other, and resume operation as a competent and capable workforce.

Direction: Given how much work might be waiting for employees when they return, they might need assistance sorting through and prioritizing what to focus on. Some initiatives might need to go on hold or fall away while attention gets devoted to the most visible or impactful projects. Jump in. Make decisions. Help employees get back to work quickly by helping narrow their focus and reducing the number of tasks they need to complete.

Community: It might be tempting for employees to stay heads-down in their work until they catch up, but it will be important for employees to restore a sense of community. Employees will need to feel a sense of “we are all in this together.” Bring employees together to help them connect as friends and colleagues, or in collaborative meetings where they can identify ways that they can support each other, in their work and personal lives.

An opportunity to vent: Employees’ emotions will be on the surface or just below it. Create an environment for employees to talk about how they have been impacted by the shutdown, and what they are concerned about as they return to work. Simply inviting employees to vent will help release some of the tension, will affirm to employees that they are in this together, and will help employees restore a sense of kinship and camaraderie with their coworkers.

An open-door policy might not suffice. Reserve time for these conversations, and don’t incorporate it into a regular meeting. Specifically, invite employees to put their work down for a set period and come together for the sole purpose of processing their experience.

Protection: The long length of the shutdown certainly raises concerns about whether another shutdown is likely in the future. To help ease the fears of returning employees, outline what your and/or the agency is doing to mitigate the impact of a future shutdown. This can also be a collaborative conversation to solicit employees’ ideas.

Being back to work does not yet mean that everything will be just as it was when you left. Take time to ease into the transition and set realistic expectations about what employees can accomplish until things fully settle back down. Provide clear guidance and direction, letting employees know what they should prioritize and how you can help them. Help reduce any impact the shutdown has had and keep all your fingers crossed that this is the last furlough for a long time.
_________________________________________

At ADR Vantage, we provide the following support services and collaborative processes to help employees address workplace tension and resolve conflict.
• Mediation
• Facilitated Small & Large-Group Dialogue
• Teambuilding
• Conflict Coaching
• Conflict Skills Training

Contact us today at info@adrvantage.com

Unwanted Change: Improvisation & Embracing a New Reality

Change is constant. By now, we all know that. Organizations today must remain flexible to adapt to global markets, respond to 24-hour news cycles, and appease an always-watching audience. Inside organizations, programs grow, workplace cultures emerge and evolve, departments get restructured, processes and policies change, leaders come and go, work flow increases and decreases, environmental circumstances create barriers, and an endless number of potential changes always lurk around the next corner. Much organizational change is unwanted, and organizations that are not prepared to adapt will remain rigid and immobile in the face of a fast world prepared to leave them behind in the dust. Developing a workplace culture of adaptability to change can be supported by an unlikely profession, improvisational comedy.

Improvisational comedians bring the absurd to life in hilarious ways, and while it might seem like they create humor out of nothing, improvisers rely on a shared vernacular to generate funny scenes in the moment. Two phrases developed by Upright Citizens Brigade and commonly used in improv are uniquely applicable to organizational adaptability: “the first unusual thing” and “if this unusual thing is true, then what else must be true?”

The first unusual thing is typically discovered after the basic elements of an improv scene (who, where, what) have been established. For example, suppose an improv skit starts with two people in a grocery store, one playing the customer, and the other the cashier. The “where” is the grocery store, the “who” is a customer and cashier, and the “what” is checking out after shopping. There is nothing particularly unusual about this scene. Now imagine that the cashier pantomimes scanning an item and says to the customer, “Sir, your total today comes to four thousand dollars for the bunch of bananas.” This is the first unusual thing.

Obviously, a bunch of bananas would never cost such a high sum, but in the world of improv, the unusual becomes the norm. If the improviser acting in the role of the customer is well-practiced, rather than rejecting the premise as unrealistic, they will instead go along with the premise as if it is true and then add to the narrative in a way that furthers the comedy. In this situation, the customer might respond in any number of ways.

a) “I think I have a coupon for $500.00 off.”
b) “It’s getting more and more expensive to eat healthy these days.”
c) “What a deal! Last week they were $5,000!”

In each of these scenarios, the improviser accepts the reality of the situation, that they are being asked to pay an extraordinary amount of money for an almost valueless item. Then, they also add detail that helps create a richer, fuller world, by asking the question, “if this unusual thing is true, then what else must be true?” Each successive scenario asserts that if a bunch of bananas does cost $4,000, then it must be true that they could be sold at a discount using coupons, that it must be true that the price of healthier foods is simply rising at an alarming yet somehow tolerable rate, and that it must be true that the price is really a bargain compared to earlier prices.

In organizational life, employees are continuously met with challenges that, for them, must seem unusual. Employees are often primed to reject or fight against the changes. Employees declare, “The new director won’t last long.” “We already have enough on our plate. There is no way we can take on more.” “The people in our field office just don’t think like we do.” Organizations can remain a lot nimbler in response to change if they can borrow from improv and adopt the strategy of “if this unusual thing is true, then what else must be true?” Take the following case study:

A team of fifteen employees was the victim of a recent restructuring when three of their highest performers were moved to another department, and another two employees were laid off. The organization was on a temporary hiring freeze, so the remaining ten employees were required to share the duties abandoned by their former team members. Immediately, employees began to individually raise complaints with the senior director about their increased workload. Each remaining team member was fearful that if they successfully performed the added duties, they would be assigned to them as permanent duties. Subsequently, team members prioritized their standard duties under strict deadlines, and the new shared duties were frequently left incomplete. Although the shared duties were critical to the team’s overall operation, and although each person had a responsibility for completing a part of them, each team member blamed others for the failure.

This team observed the unwanted change and possibly made the following assumptions:
• If we have been asked to do more work, it must be because it isn’t fair.
• If we have been asked to do more work, it must be because our director assumed we were willing to do it.
• If we have been asked to do more work, it must be because someone is trying to permanently increase my workload.

None of these assumptions embraces the new reality. They all find a way of rejecting it and fighting against it, and as a result of those assumptions, the team members are powerless to resolve the situation in a meaningful way.

Now imagine that this team adopts the strategy of, “If this thing is true, then what else must be true?” in a way that embraces the new reality. Rather than disregard their shared responsibility, ignore organizational directives, or rebel against their new reality, they will instead embrace the change and assume that a new context has also been created for them. Remember that the improvisor does not fight against the new reality, but instead seeks context to uphold it.

The remaining ten employees were required to share the duties abandoned by their former team members. Immediately, employees began to identify untapped resources to mitigate the impact of the increased workload, and they lobbied their senior director to enlist available administrative staff to support smaller tasks. The team looked for ways to streamline their work processes and they collaborated on a work schedule to organize their collective work, abandoning some of their previous tasks that were less impactful and prioritizing some of the duties they had recently taken on. They wanted to be sure that their senior director was aware of the impact the increased workload would have on them, so they developed a brief report that demonstrated 1) how they had amended their process to accommodate the increased workload, 2) what they had to deprioritize so critical duties would be completed, and 3) how much time it took to complete each task compared to how much time they had available.

Notice that this team made different assumptions, ones that embraced the new reality.
• If we have been asked to do more work, there must also be resources available to do it.
• If we have been asked to do more work, it must be because we have not clearly articulated how much we are already doing.
• If we have been asked to do more work, it must be because we have the capacity to better streamline our work processes.

Each of these assumptions upholds the new reality and empowers the team members to act in a way that either mitigates the impact of the new unusual thing, adapts to it, or prevents future unusual things from occurring.

The next time your organization faces an unwanted challenge work through the following to more quickly embrace the new reality and more effectively adapt to the change.

1. Rather than framing the change as a problem, reframe it as an unusual thing.
a. What is the unusual thing?
b. What is the impact of the unusual thing?

2. Embrace the new reality by upholding it.
a. If this unusual thing is true, what else must be true?
b. How are we upholding the new reality?
c. What do we need to stop doing so we are no longer rejecting or fighting against the change?

Rick Buccheri
Director of Programs

Looking through different lenses

It was surprising when I first caught myself removing my glasses to read an email on my phone. At 38, I feel too young to need bifocal lenses, but with increasing frequency, I find my glasses perched atop my head as I strain to read. The lenses in my glasses, the ones that have done their job effectively for so long, simply do not allow me to see everything accurately anymore. Objects at mid-range are perfectly clear, but objects far away or up-close look hazy, muddled, and undefined. My lenses affect how I see the world, and it’s time for a change.

Lenses are deceiving. Although, they let you see some things better, they make other things harder to see. Any physical lens that you look through brings certain information into focus while making other information obscure. So too do the metaphorical lenses that you look through daily. If you change your lens, you change what you see. To demonstrate this simple and yet powerful concept, perform this brief exercise. Write down all the ways that you are like a goat. Yes, the animal. Do this for two minutes. Once you feel stuck, or believe that you have exhausted all possible comparisons, push yourself to identify at least two more ways that you are like a goat.

It’s quite likely that initially you thought, “I’m not like a goat,” especially if your first impression of a goat is that it is stinky or stubborn. Perhaps you conjured in your mind a handful of other animals you more closely resemble or that offer a more favorable comparison. However, if you pushed yourself to complete the exercise, you possibly concluded that you attack problems head on, or that you easily climb over obstacles. Comparing yourself to a goat reveals some part of you that you probably don’t consider often, but it doesn’t tell your entire story or necessarily explain the most important parts of who you are. The goat comparison is a lens. The characteristics you share with a goat are brought into sharp focus, while other aspects of your personality, however dominant, are ignored.

When you look through a lens, it’s important to know first what it is bringing into focus, and second what it is ignoring or distorting. For example, imagine that you applied the lens of gender to a team meeting consisting of five men and five women. You might observe differences in how men and women behave in the meeting, taking note of where men and women sit at the conference table, who speaks the most, who asks the most questions, or who gets interrupted and who doesn’t. The lens of gender will give you new information about the team that you didn’t have before, and that information will raise new considerations for how the team works together. However, the lens of gender will reveal nothing about the formal roles of each person on the team. Perhaps there are practical reasons why some people speak more than others. Similarly, observing the same meeting through the lens of roles will reveal nothing about how the team is influenced by gender dynamics.

We see the world around us through countless lenses that are superimposed on top of each other. Our history and past experiences create some of our lenses, while our beliefs and assumptions create others. The work of understanding even just a few of your own personal lenses can take a lifetime, but every effort to understand your lenses will give you deep insight into how you interpret the world and will enable you to make informed decisions about which lenses you apply to any given situation. To start, ask yourself, then answer, the following questions:

• What lens(es) most determines how I see the world around me?
• When did I first learn to look through that lens?
• What does that lens reveal?
• What does that lens ignore?
• What does that lens distort?

Rick Buccheri
Director of Programs

Mediation

When federal employees file formal complaints and grievances, it is imperative that they have access to a fair and just process that will help them address and resolve the underlying issues. Mediation is a touchstone of such processes. It is a process designed to enable collaborative conversations, and it provides a safe space for employees and agency representatives to come together, explore the factors that contribute to conflict or undesirable work environments, and to address them in some meaningful way. Recent changes in federal policies have removed mediation as a required step in some resolution processes. This comes with a cost, but also presents opportunities to expand the use of mediation. The disadvantage of removing mediation is that it eliminates an opportunity to reach a resolution, and often means that complaints get addressed through even more formal and often adversarial processes, like litigation. Some federal agencies, rather than lamenting the loss of a useful process, are instead seizing the opportunity to encourage earlier use of mediation, before complaints are ever formalized.

Too often, federal agencies wait until after multiple formal complaints have been filed. They often don’t offer a collaborative solution until both sides have already secured lawyers, but when organizational conflict emerges, interventions are more likely to be successful if they occur as early as possible. Some agencies are bringing in mediators and facilitators as soon as it becomes known that conflict exists. This helps to restore dialogue earlier, align employees and agency leadership, and shape action plans with immediate and lasting results. In some cases, they are using conflict resolution, de-escalation, and communication skills training to prevent conflict even before it begins.

While mediation might not be right, or available for every situation, it definitely should not be reserved to resolve the most contentious and escalated situations. Consider using mediation as your earliest intervention to improve relationships, save time and money, and to encourage collaboration.

Rick Buccheri
Director of Programs

Book Review! Top picks on How to be a Leader

A colleague recently asked me to recommend my favorite books on the subject of leadership. I’ve ready quite a few, and there are many that offer generic lessons and stories, leaving the reader with little more than a loose definition of leadership. There are two leadership books I strongly recommend. Both present rigorous exercises and practical tools for helping leaders do the hard work of developing their self-awareness and their commitment to personal accountability for managing their own behavior and inspiring the desired behavior of others.

The first book is Language and the Pursuit of Leadership Excellence by Chalmers Brothers and Vinay Kumar. This book builds on its predecessor, Language and the Pursuit of Happiness (a must-read) by exploring the elements and influences of language in the context of leading others. It helps leaders understand how they view the world, and then how to develop the language they use to create the context for organizational success.

The second book is Clear Leadership: Sustaining Real Collaboration and Partnership at Work by Gervase R. Bushe. This book encourages the reader to do deep self-reflection, covering topics rarely seen in other leadership books, like emotional fusion and self-differentiation, which are necessary but often taboo subjects in organization life. Both Clear Leadership and Language and the Pursuit of Leadership Excellence communicate a foundational philosophy that leaders are human beings first, imperfect works in progress who must focus on self-development while simultaneously supporting and inspiring entire organizations.

Both books offer practical tools to help leaders transform entrenched personal and organizational patterns and stimulate effective and productive communication. One final distinction between these two books and other leadership books is that most leadership books attempt to teach the reader how to do leadership, while Clear Leadership and Language and the Pursuit of Leadership invite the reader to be a leader.

Rick Buccheri
Director of Programs