Practical Applications for Mediators

“As we manage the interactions of the parties, we find

ourselves enmeshed in a breathtakingly intricate matrix of

psychological issues, negotiation dynamics, communication

problems, subtleties of inflection and body language;

barriers of gender, culture, race, and class; and

disagreements about legal issues and the facts that gave rise

to the dispute.”

(David A. Hoffman)

How does gender present itself in mediation?

What is gender?

The cultural and social interpretation of the

differences between men and women.

Gender Identity

Gender belief

System

Negotiation= Any attempt to influence another

The first reflection for us as mediators:

Awareness to language and context.

The term and the common attached image of negotiation process create an initial gender gap even before the negotiation started.

the different perceptions that men and women hold for the concept of negotiating affect their motivation to negotiate, their confidence, their choice of strategies and consequently their outcomes

Alternative terms to ‘negotiation’

might be more gender sensitive/inclusive

Sex differences

Gender differences –

Deficit and valuing models

Gender emergence in interaction

Gender relations

The gender emergence in interaction approach

focuses on:

The interaction between the parties- men and

women as “doing gender”

Within a situational context

When and under what conditions does gender shape

the course of interactions?

Gender emerge in two layers in the negotiation:

“On the table” = in the substantial negotiation

“Under the table” or

In the “Shadow Negotiation” =

the negotiation about how we will negotiate

what identities will be salient for us

what expectations we have for the other party

how will power be applied in the negotiation etc.

…

Gender emerges in the shadow negotiation on 3

levels:

At a personal level – our own voice in the

negotiation, what identities are we bringing with us

and how confident we feel

At an expectation level - the tension between met

and unmet expectations within the interaction

At a situational level – the reflection of the

power/gender relations outside the room on our

negotiation abilities and confidence

Take 2 minutes to think about one element of your

own gender belief system and how does it impact

you in negotiation and as a mediator

Share it with the person who is sitting next to you

The second reflection for us as mediators:

Identifying and analysing individual gender belief

systems and tacit assumptions that drive behaviour,

systems and processes, both at formal and informal

levels - the “shadow negotiation” are powerful ways

of addressing gender inequity

when and under what conditions does gender shape the course of interaction?

The negotiating domain - i.e., personal vs. work negotiations

Type of negotiation- integrative vs. distributive negotiations

Status and rank and other aspects of gender relations

Use of terminology – to negotiate vs. to ask for

Representation role i.e., negotiating for self vs. other

The presence of a third party or observer

and many more

Riley and McGinn suggested an overarching model:

situations of Structural ambiguity where there are no clear standards to apply on the negotiation or the decision making process – gender stereotypes will be more pronounced

Gender triggers: a variety of cues or activation of stereotypes that will enhance gender emergence in specific situations. Consciously or unconsciously but often strategically we use gender triggers as power moves to bring gender stereotypes

to the surface

The third reflection for us as mediators:

Gender sensitive mediation will identify the situational moderators of gender in negotiation.

Reducing ambiguity through transparency and

process management Minimising gender triggers effects by naming them

and diverting them will make gender less salient Highlighting mutual superordinate identity (irrelevant to gender) will increase joint gain

.

* Murdoch University, Mediation

tournament

http://www.law.murdoch.edu.au

General reflections:

• Awareness to terminology

and context

• Awareness to gender

identity and gender belief

system in the interaction

on the table and in the

shadow negotiation

• Awareness to situational

moderators and their

impact on negotiation

Self-awareness, reflection & management- reflexive and reflective practice, role model complex gender behaviour, language use

Learn through observation, reflection and questioning the gender dynamics or gender belief systems in interaction

Minimise structural ambiguity through process management

Be mindful of gender triggers and their impact

Power management tools: interrupt,

name the move, reframe it, correct it

and divert it to focus on the problem