10 Ways to Help People Settle Their Differences
by Jeffrey Krivis
When friends, coworkers, or family members are fighting, you can step in and help solve the problem. Here are some tricks of the trade.
Conflict happens. It happens a lot. And whether or not you are directly in the line of fire, when people around you are fighting, it doesn't feel good. That's why if you're like most people, your first impulse is to "stay out of it." Sound approach, right? Not necessarily. Indeed, helping people settle their disputes is a skill whose time has come.
Here are ten insights and tricks of the trade I suggest you use
Let people tell their story. When a person is deeply upset about something, she really needs to get her story out. This is a basic principle of mediation, and one that's important to remember when trying to resolve a conflict with an angry spouse, co-worker, or neighbor. Yes, allowing people to speak their minds can increase the level of conflict with which you must deal. That's okay. You have to get through the conflict phase to find the solution. Feeling that she has finally "been heard" can dramatically change an angry person's outlook. Plus, as she tells her story, new information may come to light that allows a solution to naturally emerge.
If someone refuses to budge, take the spotlight off him. Isolation tends to create movement. When you are mediating a multiparty conflict, you will often discover that there is one person who insists on taking a hard line approach. He refuses to compromise, shooting down every solution that's presented and holding out for what he wants. My suggestion? Take the attention off the "last man (or woman) standing" and begin settling around him (or her). It's amazing how well the isolation technique works. You'll find that the holdout starts to anxiously call and send e-mails, trying to get things going again. When his perceived power is neutralized, he quickly sees the value of compromise.
When someone seems "locked up," dig for the emotion behind the stone face. I recently mediated a situation in which a famous television producer was on the verge of being sued for plagiarism. Essentially, the plaintiff claimed that the producer had "stolen" his idea for a successful situation comedy TV show. When anyone talked to him about his case, he gave short, robotic answers and showed no emotion. So I asked the plaintiff, "What is it you really want to achieve here?"
When people are picking flyspecks out of pepper, come in with a reality check. Often in a conflict, the various parties are so focused on minutiae that they lose sight of the big picture and all its implications. As the mediator, you need to bring people back to reality by wrenching their attention away from the grain of sand and having them focus on the whole beach. Doing so may help resolution arrive at a startling speed.
Identify the true impediment. In every conflict, ask yourself What is the true motivating factor here? What is really keeping this person from agreeing to a solution? When you can identify the impediment, you can predict how the person will respond to certain ideas and you can shape negotiations accordingly.
Learn to "read minds." Mind reading is not magic. It is a combination of observation and intuition, which is born of experience. You can learn a lot about how each party sees a dispute by paying attention to body language and listening closely not only to their words but also to the emotional tone behind their words. If you give them the opportunity, most people involved in a dispute will gladly talk about themselves, which gives you a chance to ask more questions and gain more information about their perspective. Once you see things from their point of view, you can stay one step ahead of them by anticipating how they might react and managing the negotiation accordingly.
Think creatively about ways people can cooperate rather than clash. In every negotiation, there is a tension between the desire to compete and the desire to cooperate. Be on the lookout for signals that support a cooperative environment. That's where the most creative solutions are born. These kinds of "joint gains" are often born of conflict.
"Edit the script" to help people see their situation in a different light. People tend to get "stuck" in their positions because they are telling what happened from a narrow viewpoint and in a negative and hopeless tone. They've relayed their story over and over again and their perception has become their reality. They can't see the situation any other way unless you help them to do so.
As the mediator, you can take a larger view that looks not at one party or the other "winning" but at both parties working toward a mutual goal. One way to help them get to this goal is to edit their script-retell their story about the dispute as a positive, forward-looking construction. In this way you literally give them the words to see their options in a new light.
Avoid the "winner's curse" by carefully pacing negotiation. Believe it or not, it is possible to reach a solution too quickly. We all have an inner clock that lets us know how long a negotiation should take. When a deal seems too easy, a kind of buyer's remorse can set in that leaves people with second thoughts about the outcome. One or both parties may be left with the feeling that if things had moved more slowly, they might have cut a better deal. Here's the bottom line: don't rush the dance or the negotiation will fail. Even when you know you can wrap things up quickly, it's to everyone's advantage to keep the negotiation proceeding normally, for a reasonable amount of time, before the inevitable settlement.
Finally, realize that every conflict can't be solved. What if you've tried and tried to help two warring factions find a fair solution and you just can't? It may sound odd coming from a mediator, but some conflicts just aren't winnable. Not every negotiation is going to have a win-win outcome. Not everyone can live together in harmony. Look at Israel and Palestine. There are times you just have to accept that both parties are going to leave the table equally unhappy. When you've mediated enough conflicts, you will know in your gut when that time has arrived. Isolate the participants if possible and just move on.
Negotiation is all about going with the flow and seizing opportunities as they arise. Improvisational negotiation is kind of like jazz. You have to know your chords, your scales, your patterns, your licks. But ultimately, these are building blocks, not formulas. The chords you use depend on the chords you hear from the other participants, and vice versa. It's a conversation. It's organic. There are no limits on what can come out of mediation, and that's what makes it such a powerful skill.
About the Author:
Jeffrey Krivis has been a successful mediator and a pioneer in the field for sixteen years and has served as the president of the International Academy of Mediators and the Southern California Mediation Association. Krivis is on the board of visitors of Pepperdine Law School and serves as an adjunct professor of law at the Straus Institute for Dispute Resolution. In 1993 he received the Dispute Resolution Lawyer of the Year Award. Contact him at his website,
www.firstmediation.com