"Saving Face" in Employment Mediation. Power & emotions. Post #3

Power struggles within an emotional dynamic.

At its core, employment-related disputes center on a power imbalance between the parties. Individual parties assert themselves by filing claims with administrative agencies such as the Equal Employment Opportunity Commission (EEOC). Although the litigation process can provide leverage to claimants, it may not be the best way to adjust power imbalances. Claimants need access to information about the employer and the dispute in order to meet their burden of producing evidence and persuading fact-finders on the merits of their claims. Employers have exclusive control over information, making it difficult for claimants to gain a foothold in court or the EEOC. Many claimants suffer unanticipated feelings of frustration and depression during the litigation process and unfortunately, most of them are not vindicated by a large verdict award in court.

An emotional dynamic.

Emotions affect the ways in which we perceive, think and negotiate. If rationality ruled the mediation process, self-interested bargaining would be easy and rational conversations would generate rational results. Instead, when we feel threatened, we react – often negatively or competitively - triggering a host of mental shortcuts that impede our ability to think clearly and make good decisions. When caught in conflict, we get distracted by anger and fear. We presuppose the intentions of our opponents and attribute their behavior to a flawed disposition instead of particular situation. We are less likely to “compromise” when we are angry at our opponents, not only for what was done or not done, but because of the type of person we perceive our opponents to be.

Employment-related conflicts touch sensitive nerves that define how we value and respect ourselves and how we perceive others. We feel fear and shame, disrespect, betrayal, anxiety, helplessness, and depression when faced with the potential loss of income, reputation and self-esteem.

With so much at stake for employees and business owners, it is no wonder that disputes in the workplace trigger intense emotional reactions. Because emotions will determine whether employment disputes are resolved or not, emotional competency is critical for mediators to help parties save face.

NEXT TIME:  The critical importance of the mediator’s emotional intelligence.