Expert Witness Journal Dec 24 - Journal - Page 62
Mediation as Change
Management
At the outset, we have two (or sometimes more) parties in dispute. Hostility, rancour, and
frustration - not to mention escalating cost - are frequent bedfellows. The end position we seek
is of a course a resolution of the dispute. We may not achieve a state of harmony, but hope the
outcome will bring acceptance, a dissipation of negative emotions, and allow the parties to move
on and to focus on other more positive aspects of their lives.
In order words, mediators seek to drive change; we
can therefore usefully view mediation as an exercise in
change management. The field of organisational psychology offers considerable guidance to mediators –
and those advising the parties - across the phases of
the mediation process, as well as to their timing. In
this piece I’ll briefly explore some prominent theories
of change management, and the insights mediators
can harvest from them.
spondence or mapping to a traditional view of the mediation process where the mediator builds trust, facilitates communication and dialogue, and builds
momentum for lasting change is clear.
Resistance to Change
In many exercises of transition or change, whether
behavioural change, change in attitudes, roles, structures or circumstances, people often resist, and mediation is no different. Overcoming such resistance is
therefore a skill mediators must acquire and also deploy frequently. Kurt Lewin’s Change Management
Model is one such approach, comprising three sequential elements of "Unfreezing, Changing, and Refreezing". The “unfreezing” stage is all about helping
the parties to recognise the need for resolution
(thereby breaking down their resistance to change).
“Changing” is the essence of mediation, exploring
new perspectives and potential solutions, and building
a coalition around the way forward. The "refreezing"
phase focuses on solidifying new agreements and ensuring they are sustainable. The final element can
sometimes be underemphasised in mediation, as in
part it plays out in the weeks and months after the
mediation day has ended.
Mediation and Change Management
In essence, change management means the adoption
of a structured approach to assist individuals, groups,
teams, or entire organisations move from a current
state to a desired future state. Mediation can be viewed
as a specific type of transition – from disagreement
and tension to agreement and resolution. Whether in
an organisational context or a mediation, the process
requires management of human emotions, overcoming resistance, and fostering better communication.
The Stages of Change
Let’s take the overall process first. A useful lens
through which mediation can be viewed is the
ADKAR model developed by the change facilitation
firm Prosci. The elements of ADKAR - Awareness, Desire, Knowledge, Ability, and Reinforcement – are one
potential representation of the different phases the
mediator must guide the parties through; by building
awareness of the conflict, fostering a desire for resolution, imparting knowledge on the ways it might be resolved (and the potential consequences if resolution is
not achieved), helping develop the ability to engage
in productive dialogue, and ensuring reinforcement
of the final agreements. Understanding these steps,
and the accompanying emotional responses of the
parties, can help mediators to anticipate the ways in
which the parties might react, and help them to guide
the process more effectively.
Similarly, the widely known Kübler-Ross change curve
– initially formulated to understand the process of
grieving – offers a helpful parallel of the stages in a
mediation process. Denial, anger, bargaining, depression and acceptance are familiar to anyone with experience of mediation. They can also give us a sense of
the longer view of mediation; the events leading up
to mediation, the right time to embark upon mediation, and the emotional adjustment which will continue in the parties in the aftermath of the mediation.
Transformational Leadership and Mediation
Mediators are leaders. Not leaders for business as
usual though; they are transformational leaders. Just
as is sometimes required of the leader in a large organisation, they inspire change by encouraging parties
to move beyond entrenched positions and to reimagine their relationships. Once such theory of transformational leadership is that of Burns. According to this
formulation, key aspects are intellectual stimulation
and individualized consideration, both of which can
be crucial in mediation. Intellectual stimulation involves encouraging parties to explore innovative solutions, while individualised consideration ensures
An alternative representation for the mediation
process is John Kotter's Eight Steps model. The elements of this model include the need to create a sense
of urgency (helping the parties to realise the need for
change i.e. resolution), the formation of a guiding
coalition (establishing the mediator’s role), communicating a vision (the shared goals for the parties in the
mediation), and empowering broad-based action
(harnessing the agency of the parties in crafting and
shaping their own solutions). Once again, the correEXPERT WITNESS JOURNAL
60
DECEMBER 2024
