Expert Witness Journal Dec 24 - Journal - Page 63
that the emotional and psychological needs of all
participants are addressed.
Change is hard, and mediation often involves asking
people to alter their expectations, emotions, or behaviours. Understanding why people resist change
helps mediators manage this resistance more effectively. Change management theories offer structured
frameworks that can help mediators design their processes more efficiently, ensuring that all parties are
ready to move forward and that any agreements
reached will be sustainable. Finally, like any change
managers, mediators need to ensure that the resolutions they help create are accepted and implemented.
Applying reinforcement strategies (as seen in Lewin’s
and ADKAR models) can help disputants commit to
the changes made during mediation.
Alternative Philosophies
In “Philosophies of Organisational Change” Aaron
Smith and Fiona Graetz present a range of paradigms
or philosophies – perspectives - through which we
might understand the underlying or inherent dynamics of a process of change. Once again, the approach is readily applicable to mediation, whether in
terms of the process overall, or individual stages. We
might categorise these philosophies as teleological,
dialectical, lifecycle or evolutionary.
The teleological philosophy views change as a
goal-driven process, where organisations (or individuals in mediation) identify a desired end state and
work towards it through planning and action. Mediators, in this construction, help parties define the goals
of the mediation process - what a successful resolution
looks like - and guide them through steps to achieve
it. This parallels goal-setting techniques often used in
teleological change management.
References:
l Burns, J. M. (1978). Leadership. Harper & Row.
l Kotter, J. P. (1996). Leading Change. Harvard Business
Review Press.
l Kübler-Ross, E. (1969). On Death and Dying. Simon
& Schuster.
l Lewin, K. (1947). Frontiers in group dynamics: Concept,
method and reality in social science; equilibrium and social
change. Human Relations, 1(1), 5-41.
l Prosci. (2006). ADKAR: A Model for Change in
Business, Government and our Community. Prosci Learning
Center Publications.
l Smith, A., & Graetz, F. (2011). Philosophies of
Organizational Change. Edward Elgar Publishing.
The dialectical philosophy is essentially about conflict.
Mediation typically involves conflicting interests, making the dialectical perspective particularly relevant.
This philosophy views change as the result of opposing forces interacting, much like two disputing parties
in mediation. Mediators work to reconcile these oppositions, not by suppressing one side but by finding
a synthesis or compromise, just as dialectical change
results from the interaction of contradictions.
Author
Michael Bass
MCIArb | LinkedIn
www.thebarristergroup.co.uk
In the case of the life cycle philosophy, change is
treated as a natural, sequential process. Translated to
mediation, this can be reflected in the stages disputants go through - from initial conflict to resolution
- similar to Lewin's "Unfreeze-Change-Refreeze"
model. Mediators facilitate this progression, helping
parties move through stages of recognition, negotiation, and resolution, aligning with the life cycle of
change.
Mr Nimalan Maruthainar
Consultant Trauma & Orthopaedic Surgeon
Finally, the evolutionary philosophy depicts change as
a gradual adaptation to external conditions, often
driven by competition and external pressures. In mediation, external factors (e.g., organisational policies,
societal expectations) may push parties toward resolution. A mediator using this perspective would focus
on helping the parties adapt incrementally to new realities rather than expecting a sudden, radical shift.
FRCSEd (Tr & Orth), MB BS, BSc (Hons)
Mr Maruthainar practices at the Royal Free Hospital (NHS) and
the Hospital of St John and St Elizabeth. His practice covers general
orthopaedic surgery and orthopaedic trauma, and undertaking
primary and revision knee and hip replacement procedures.
Mr Maruthainar has a special interest in surgery to the hip and knee,
including Hip and knee replacement and revision surgery, anterior
cruciate ligament reconstruction, hip joint resurfacing and fracture
treatment
Insights for Mediators
Giving consideration to these change management
theories, and perhaps replaying their own mediation
experiences in light of the insights they offer, mediators can enhance their ability to anticipate resistance,
structure the mediation process and perhaps most importantly to facilitate lasting change. Additionally, for
the parties’ legal representatives, a change management perspective can help to suggest the appropriate
time to embark upon mediation, and to understand
the emotional transition their clients may undergo.
Peer reviewed publications include work on the management of
scaphoid fractures, primary bone tumours, Gaucher's disease, the
interpretation of radiographs in the emergency setting and the
peri-operative care of patients.
He is advisor to various medical organisations on orthopaedic
matters and has a local lead role in training.
Contact: Mrs M Bowring
Tel: 07871 269 062 - Fax:01923 232 588
Email: osteon@btinternet.com
Brampton House Consulting Rooms,
Hospital of St John and St Elizabeth, 60 Grove End Road,
St John's Wood, London, NW8 9NH
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