Auckland
Mediation involves helping individuals impacted by conflict to resolve issues where they have different goals, perspectives, beliefs and personalities. So, no matter how hard we try to reframe the issues, employment mediation is about people as much as their problems.
Therefore, to advise and prepare our clients for mediation and help parties to successfully resolve issues, we must navigate the way people think, feel, and behave. We need mechanisms to help parties to consider these emotional and behavioural issues, explore intangible matters like trust and power and analyse their influence on the way conflict escalates and how people make decisions. We ignore these issues at our peril.
As mediators and advisors, we need to seek intentional strategies and techniques that support parties as they “pick these issues up”, acknowledge the impact of these intangible issues and start to actively address these underlying concerns.
Our goal in this third instalment in our Mediation in Employment Law Workshop Series is to delve into these psychological dynamics in mediation and their influence on mediation outcomes, shaping agreements and/or disagreements. We will provide guidance on how to approach these complex relational questions, emotional issues and psychological factors using tools and techniques that have been effective in real-life cases.
All lawyers who specialise in employment law, as well as those who may not focus on employment full-time but encounter mediation in their practice.
Stephen Hooper, Senior Resolution Practitioner, Fair Way, Wellington