The next level of a High Performance Team

The next level of a High Performance Team

Prof. Jan van Zwieten RI,RA,RO

1. Introduction

During the second half of the twentieth century, many companies have started working with the concept of “High Performance Team”. What is new in this manner of thinking, is that there is much more attention to the team members, their mindset and their behaviour. We started to realise that a team consists of individual persons and that motivation, interaction and communication are essential for performance. In 1950, the Tavistock Institute (U.K.) had already described the characteristics of a high performing team, yet it would still take many years before larger companies welcomed the concept with open arms. This acceptance (mostly in the United States) grew simultaneously with the results of successful implementations into a select group of big organisations. However, as is often the case, success may become a pitfall. Many advisors developed variants that did not always lead to better results. The concept’s popularity thereupon decreased, but the general way of thinking about the successful functioning of teams remained.

At the start of this century, we thus saw a revival of this concept, albeit with a few contemporary additions. In this article, we will refer to it as the strive for a “dream team”. Most changes to the ‘old’

concept were caused by external factors. The development in company life (with a culture of short-term results and a number of large fraud cases) gave input for extra attention to the ethical awareness. Besides, we now also take sustainability (climate) and social responsibility and the quality of life into account. It should therefore come as no surprise that we have seen this arise in the manner of thinking about dream teams as well.

The basic definition of a team that comes forward in all publications is simple:

‘Two or more individuals that cooperate in order to reach a common goal.”

However, the basic thought of how High Performance Team expresses itself might be best clarified by Dutch philosopher (and football player) Johan Cruyff:

If you choose the best player for every position, you would not have a strong team,

but one that falls apart like loose sand.

Johan Cruyff (football player/trainer)

When thinking about teams in the elementary form, we thus find a clear dichotomy:

The core of this thought is that it is not only about making the individual members of the team stronger, but that there is also a dimension to make them optimally work together. This collaboration starts with divisions of tasks and placing the right person in the right place, yet evidently goes much further. How do we make sure that they actually work together to achieve the goals?

The interpretation of the characteristics and thus the formula for success as a team is always different for all authors. In this series of articles, we follow the structure of the Teamstar model. This model includes all the characteristics that have emerged in major, serious investigations since 1950, and in addition includes thinking in continuity and sustainability. Out of this we can construct the following structure:

  • Unifying separate individuals into a single entity; alignment and involvement
  • The optimal level of functioning as a dream team; efficiency and effectivity
  • Ensuring a sustainable dream team is created; development and vitality

Teamstar – van Zwieten and Smit 2019

This is the first out of four articles about teams. This article discusses the basic structure of thinking about teams. What is a team? In what way has thinking about teams developed over time? What are the characteristics of a dream team? This all comes together in the three aforementioned main elements. These key elements are the core for successful working in teams. These are then worked out individually within the following articles:

Article 2; Alignment – from individuals to a unit (alignment and involvement)

Article 3; Performance – the unit as a performing team (efficiency and effectivity)

Article 4; Sustainability – sustainability of man and organisation (development and vitality)

2. Why are people together and when can one speak of a team?

2.1 Social cohesion

There are many different reasons why people are together, and with that comes a variety of forms of cooperation. This is important to understand, because it also determines what leads to optimal collaboration. What interests do people have? What moves them? Why do they do what they do? And in this context, when are we talking about a team? To answer these questions, a number of elements are decisive:

  • The degree of connectedness. There is a significant difference in whether people are together only once for example to watch a disaster, artist or event, whether people are connected based on a common identity (religion, culture), or whether they have to perform a common task together (organisation, sports team).
  • The duration of cooperation. Often groups are connected for a certain period of time. This may be for one-time activities, a project, time-related or permanent.
  • The frequency of being together.

Basically, the subdivision of the partnerships is as follows:

  • Crowd (or mob); unrelated individuals who are together for a temporary goal.
  • Alliance; a partnership of groups who (often for a limited amount of time) want to solve a particular problem.
  • Group; a number of people with a common identity.
  • Team; a group that regularly works together on related tasks to achieve a common goal or goals.

A crowd is a number of stand-alone individuals who are together for a specific (usually fairly general) purpose. We can actually split this in two categories; crowd and mob. A crowd comes together for something specific (a fire or a VIP), but what is missing is the common purpose, the feeling of belonging, there is no real bond between the people and they also do not pursue a common goal in which they need each other. It is therefore known from psychology that people tend to blend in with the masses and do not take responsibility in such a situation. In the event of an accident involving many bystanders, only with great exception will one take initiative. In the case of a mob, there is a certain form of structure, there is a common goal for which people want to work hard, for example the call of the masses for the resignation of a president. Since it is about connecting many people on one subject, without a deeper basis of identity, it is in almost all cases focussed on one aspect, and thus ephemeral and variable.

An alliance is a partnership in which a number of groups unite to pursue an important goal. In doing so, they often give up part of their autonomy. However, the strength of this binding force is proportional to the importance attached to it. In the fight against Islamic State (IS/Daesh), an alliance of all militarily active parties in the region emerged. The weaker IS became, the looser the alliance would return to action. The United Nations is an alliance that has a much longer life. But here too we see that the common interest does not always come first. This phenomenon is seen in many areas, such as politics, businesses or even children at schools.

A group has its own identity, one may speak of social cohesion. This provides a more structural basis for the sense belonging. This is expressed in a common goal (at least reflecting the connection to this identity) and the values and standards that fit the identity of the group. We can think of nations, religious groups, diversity groups, economic partnerships, political connectedness. People often belong to different groups (faith, country, gender, party, etc.) and therefore have different elements in their identity. People can belong to the same group (country), but because of belonging to other groups they still can be in conflict. Consider the persecution of minorities in a country.

Social psychologist Muzafer Sherif defined a social unit (group) as a number of individuals that have common ground on the following aspects:

  1. Common motives and goals;
  2. An agreed upon division of tasks, i.e. roles;
  3. Established status (social rang, dominance), relationships
  4. Accepted norms and values relating to relevant problems for the group;
  5. Development of affirmed sanctions (reward and punishment) if and when norms are strived for or violated.

In a team, people work together based on a division of tasks to achieve certain goals. It is clearly defined what participation in the team entails and in what manner individual roles are divided. However, the core is that even when everyone makes their own contribution, the team as a whole is responsible for the result. Teams are therefore formed if the tasks are too extensive and/or too complex for an individual. Different qualities and competencies are often necessary to achieve certain goals. For example, a football team not only consists of forwards, but of defenders, midfielders and a goalkeeper as well. In addition, we look at right-footed or left-footed players and their captain, a coach, a caretaker, etcetera. It is in no way any different in business.

Talents win games, Teams win championships

                                                                        Michael Jordan (Basketball player)

Depending on the objective, the tasks are determined. These are thereafter assigned to team members. Whenever a team lacks expertise, it will look for this outside the team.

Crowd Alliance Group Team
Temporary goal Specific targeted goal Common binding through feelings and interests Team goal-setting
No identity No identity Common identity and characteristics Task descriptions focused on goal
Little binding Full own autonomy Affirmed norms and values Accepted norms and values
Temporary, unpredictable Dependent on duration and importance of goal Long-term Dependent on task
Established status and relationships Clear tasks and roles
Sanction/reward for norms and values Individual and team results
Limited size (direct contact between members)

Characteristic for a team is therefore mainly the specific objective and the clear division of tasks. It is important that the individual results are clearly defined and people bear responsibility for them as well. A team always consists of a limited number of people who can communicate with each other effectively to perform the tasks together. Research by MIT (Prof Alex “Sandy” Pentland) has shown a direct link between the degree of direct contact and the results of a team. Direct contact (instead of email and remote steering) provides energy, creativity and common will in order to reach certain goals. More contact resulted in significantly better performance. But the contacts must always be short and effective. Based on this, the optimal team size is maintained at 7 to 10 people.

If you cannot feed your team with two pizzas, it is too large!

                                                                                   Jeffrey P. Bezos (CEO of Amazon)

The underlying thought when discussing a team, is that the cooperation leads to synergy, i.e. the output of the team is higher than the sum of the performances of individual team members.

3. Development of general visions regarding team

Our way of thinking about teams origins in the 1950s. This is a logical looking at the development of society over the years. Between 1750 and 1950 (Industrial Revolution), we see companies are managed primarily on operations. Logistics, planning and structure must occupy centre-stage. The principles of Frenchman Henri Fayol and the American Frederick Taylor (described and put into practice between 1860 and 1920) are regarded as a model for the aforementioned way of management. This is described as scientific management or knowledge management. People (employees) are not important as human beings and treated as a machine.

High Performance Teams

Around 1950 managers start realizing that teams are made up of people. The first studies are carried out to see how we can bring these people to reach optimal performance. In particular, the publications of the “Tavistock Institute” in the 1950s gave a good overall view of the new way of thinking, people are key. Their concept of “High Performance Teams” (HPT) was quickly gaining popularity.

The concept of HPT is basically quite simple; a solid team that continuously achieves good results because of cooperation and innovation. The focus on the results ensures that they as a unity manage to solve all problems.

Follow-up studies such as those of Gully (from 1995 to 2002) and Baker (2005) gave a new boost with additional evidence that the following elements lead to more effective team performance:

  • A clear goal in which involved individuals actually believe;
  • The required knowledge, ability and skills in order to realise the goals;
  • Flexibility and capacity to adapt (self confidence in one’s own abilities)
  • All team members are individually prepared to do what it takes in order to reach the goals and do take their responsibility;
  • Participants give up part of their autonomy and tune their actions in accordance with Hereby, we find good mutual relationships;
  • Conflicts and feedback are used constructively and do not affect the atmosphere.

During later phases, a few elements were added and/or specified:

  • A democratic leadership style (participative leadership), in which team members are feeling involved;
  • Effective decision-making (both rational and intuitive, depending on the decision);
  • Open and clear communication;
  • Open to look for complementarity. Usage of all available knowledge and abilities in the team;
  • Mutual trust; trust in the team and one’s co-workers;
  • Clear roles, task descriptions and responsibilities that are acknowledged by all team members;
  • Culture characterised by openness, transparency, positivity and future-oriented; Everything is focussed on the successful execution of the goal.

4. Team development

4.1 Phases of Tuckman

The basis of thinking about the phases a team experiences has been laid by Prof Bruce Tuckman. In 1965, he described the phases of group development. He concluded there are four phases; forming – storming – norming – performing. In 1977 he added adjournment (farewell). Schematically, this can be displayed as follows:

Tuckman 1965-1977

Tuckman’s studies showed that about 50% of the teams skipped phase 2 (storming) and went directly from phase 1 to phase 3. Teams that did go through the storming phase risked getting stuck inside it or falling back into it because the relations were structurally disturbed.

Coming together is a beginning, staying together is progress, cooperating is success.

                                                                       Henry Ford (founder Ford car manufacturing)

In Tuckman’s phases, we see that the processes of a High Performance Team are central;

  • Determination of strategy; the tasks of the team are derived from the goals that are to be achieved. The basis is therefore a clear determination of the mission, vision and the strategic objectives to be deduced from it. In this development, the way in which these goals are determined moves from “Tell” to “Ask”. The further the team gets, the more the objectives are determined in consultation and the more the leader is distanced from.
  • Social interaction; How do teams cope with differences of opinion and the frictions or even conflicts that arise from this. In later phases the way members are motivated and want to cooperate.
  • Operational processes; In order to achieve the goals, it is important to optimise the operational processes. The start therefore mainly concerns the coordination of activities. The further the team develops, the more it shifts to coaching and supporting the team members and their interaction. Ultimately, monitoring progress and evaluating the deployment of people and resources become part of this category.

4.2 Personality analysis – DISC and Belbin

More and more, the emphasis of thinking about teams has

Shifted to partnership. It is therefore not surprising that there is much attention paid to personality traits of team members. The starting point is often that one searches for characteristics that match the primary task and purpose of the team. Later, however, people became aware that there must be sufficient diversity. The complementarity ensures that all the necessary competencies are present when the team ultimately has to execute the tasks. An overly one-sided composition of the team presents problems in performing certain tasks and possible blind spots that can prevent the team from reaching its goals or even break up the team. As an example; the management team of a construction company consisted of all structured rational thinkers who had made their mark in carrying out complex construction projects. Eventually, they were unsuccessful on the market, because of a lack of creativity and flexibility. In an ever changing market, they did not move fast enough and the strategy was not focused on future challenges.

Initially, DISC was often used as one of the first methodologies in the field of behavioural determination. Then, in 1981, Belbin published his book “Management Teams”. As DISC is more focused on individuals, Belbin developed an assessment on the same bases that mapped 9 team roles. Belbin worked for 7 years with specialists from a completely different background. They were hence able to make a statement about a team’s performance with reasonable certainty.

Belbin has derived some important conclusions:

  • Having too many comparable profiles begets a one-sided manner of team functioning;
  • Similar profiles are inclined to compete against one another, something that results in unproductive conflicts;
  • People must be awarded a role that fits their natural preferences;
  • Almost everybody has two preferences. Using them, it becomes easy to cover all tasks;
  • Team members must learn to think complementary instead of divergent (which, in their opinion, implies dysfunctional behaviour).

Seeing personality traits as part of specific competencies has given it an extra dimension. This complements the aforementioned studies by the Tavistock Institute and Tuckman.

4.3 Lencioni

Although Patrick Lencioni’s most important work was published in 2002 (“The Five Dysfunctions of a Team”), it is still undoubtedly popular to this day. Notwithstanding that the book is negatively formulated (dysfunctions), one can also suggest it contains the ingredients for successful functioning. Unlike a number of the aforementioned authors, the methodology is not a result of structural research but is based on a lot of experience in consultancy.

Lencioni describes the five frustrations as a cohesive whole. This also indicates that the dysfunction on one of the five axiomatically leads to lower performance. He displays this in the following model:

 

Patrick Lencioni – 2002

It is striking that there are no specific new elements in his vision. What makes this point of view special, is the choice of the most important characteristics of a successful team and the coherence of the elements. The assessments Lencioni has developed for measuring these elements have contributed a great deal to the popularity of his vision.

5. Teamstar

The Teamstar model consists of three main elements:

  • Bringing unrelated individuals to a solid group (alignment); alignment and involvement
  • The optimal functioning of a performing team; efficiency and effectivity
  • Setting the basis for a sustainable dream team; development and vitality

Here, especially thinking about the future in development and vitality is new. The current requirements call for longer-term thinking. Here, the individual remains central. At a time when it is difficult to attain (skilful) people, attention should be paid to retaining the people (retainment) and maintaining the performance of the employees.

5.1 Alignment

How do we get some loose individuals to act as a team? In sports, we see this in its most extreme form because the results are immediately visible. How is it possible that a team that did not perform well under one coach suddenly wins everything when the coach is changed? Even with the same players! And this is no different in business, but the effect is often only visible on the slightly longer term. So, it is not the level of the team members. It is about the mindset in which participants work together to achieve their goals. We distinguish two main themes; Alignment and Involvement.

On the one hand, the goal must be clear and appealing. If we do not know where we are going, we will never get there. But it also is demanding good leadership. Does the leader know how to inspire and motivate people to go for these goals? Because we are speaking of a team, this goes beyond just the interests and motivation of the individual. It is precisely the willingness to subord individual interests to the team interest that requires a culture of trust based on conformity of common values and norms. Understanding the personality of the team members helps to inspire and motivate them. If the culture is such that open feedback can be given and conflicts have a constructive character in the cooperation, the team will be able to achieve synergy.

5.2 Performance

To perform well the team must function effective and efficient;

 

In order to function efficiently, all the necessary competencies must be present. It is therefore imperative the team have a clear understanding of the tasks, procedures and practices in order to know which expertise is required. Contrastingly, as Belbin has shown, it is not just about the competencies related to the primarily processes. It is also necessary to analyse on the basis of the personalities whether the team has what is needed given the task on the long run. Diversity and balance are often the most important factors. Good insight into the procedures and working methods also ensures the efficient distribution of tasks. A well-known phenomenon is the loss of focus on the things that are most important. Therefore, thinking and working according to priorities significantly improves results.

When one discusses the role of a team member, there are a number of extra requirements. Effectiveness is therefore mainly about the interaction between the group members. How do we work together? In what way do we communicate? As Pentland has researched, active but efficient ‘live’ communication is essential for performance. A system of continuous evaluation, feedback and communication regarding this ensures a lasting growth.

5.3 Sustainability

After a long period in which companies only focussed on short-term (financial) results, there has been a change in thinking patterns. The first reason was the publication of major fraud cases and later the banking crisis. This has led to a call for ethical awareness and the control of excesses in rewards.

In addition, the mentality about quality of life is also different. The increasing number of people with burnouts, structural stress, sleep problems and poor health (obesity, diabetes), alongside the increasing ageing of people accompanied by their necessary need for care, has made people realise that it is not only about the sustainability of companies but also about the sustainability of the people in them.

A third factor is the climate debate and the call for corporate social responsibility. Under pressure of the younger generation and the studies on problems in the (near) future that can no longer be denied, thinking in sustainability and social accountability for companies has become a reality.

The final phase therefore forces a company to implement innovations and changes to meet the requirements of our time. This implies adjusting the way of doing business to meet the demands of sustainability and climate, as well as better handling of the people in the organisation.

Working with Personal Development Plans (PDP) and Team Development Plans (TDP) is not new, but has been given a different interpretation. It is not primarily about the direct functioning and competences that are discussed periodically, but is rather a continuous process of monitoring the objectives of growth, development and vitality.

Speaking of vitality, the organisation is also expected to develop a structural policy in this area. While many companies have done this many years ago on safety, it is now also the new standard in terms of vitality. At its core is that an employee is stimulated and motivated to let vitality guide the entire lifestyle, the work-life balance. Elements that are considered in the block of vitality are therefore in addition to the policy general energy management, physical elements such as sleep, nutrition and movement and also stress and the brain performance.

5.4 Essence of Teamstar

The three main elements of Teamstar cannot be seen as phases that a team goes through, like with Tuckman’s development phases. It is a vision to continuously monitor and evaluate a team in order to continue the growth.

You must change in order to improve; you must change a lot in order to become perfect.

Winston Churchill (statesman/journalist)

About the author

 

Reconstruction and Innovation of Mediation: An integral approach

Reconstruction and innovation of mediation: an integral approach

Nico Roos, PhD. and Jan van Zwieten, RI,RA,RO

Mediation as a practical science for an adult profession

About three years ago, Baarsma asked the provocative question whether mediation remains the eternal promise or whether it will be a mature market. Her advice was to make quality of mediators more transparent and to embed mediation in the justice chain. This advice has been taken to heart. The various organisations of mediators have joined forces and have, in the face of it, started to lobby successfully to provide mediation with a more structural place in the case-law chain through the Van der Steur initiative law. In addition, as of 1 January 2012, a successful assessment was made a condition of registration.

However, the question remains whether this is sufficient to make mediation a significantly more attractive professional offering. Even with the current requirements of assessment, it is very possible that the public will remain sceptical about mediation. This is, after all, a profession which pretends to be superior to justice as a form of conflict management, despite training requirements that are low in comparison to those imposed on judges and lawyers.

According to Baarsma, the methodical fragmentation also gives the public a lower appreciation of the professionalism of the mediator. Whether that is the case, must be questioned. After all, few (potential) customers have any awareness of this fragmentation. The MfN (Mediators Federation Netherlands) does not address methodical diversity on the public part of its website. Mediators will also be of little affection for this. It may raise the question of why the mediator prefers one method to another. For the vast majority of mediators, the answer to that question is that they are only trained in one method. In such a deficitary answer, some mediators will add that after their training they have developed a personal style in which techniques of other methods also figure out. However, this answer amounts to an implicit admission that mediation is characterised by a considerable degree of methodical anarchy. Each mediator can choose the method that appeals to her or him the most and can also add his own personal style.

Unlike the methodical anarchy, the relatively small heaviposition of the training is visible to the public, 40% of which is reasonably well known to mediation. This anarchy is at odds with a development towards a professional profile that can compete with that of lawyers and which is reflected in the heaviand level of mediation training. For the development of such a profile of mediation, theoretical integration is desirable in which the various methods are no longer seen as competitors aimed at the same purpose, but as options tailored to the variable needs of parties.

Such an approach, which states that it is possible, implies a much broader, multi-methodical training based on a coherent and comprehensive science theory of mediation. This is a practical theory of science, of which research is of a strategic nature. Such an investigation serves to determine the identity of mediation and its values and theoretical purposes. The following questions are therefore addressed:

  1. What is mediation and how does it stand out from other forms of treatment of social conflicts?
  2. What are the values that mediation is supposed to serve, what is the ideological background of mediation and by what principles is it guided?
  3. What are the methods of mediation and in what relationship in terms of coherence and strengths and weaknesses are they combined?

The development of such a practical theory of science is what we will pursue here, with a view to a multi-methodical training based on a deeper understanding of the unity and diversity of mediation. It should be noted that this concerns only the strategic analysis. The tactical analysis (the technical implementation of the methods) is not systematically discussed here. On the other hand, detailed attention will be paid to the question of the relationship between methods and techniques. It will criticise the dilution of this distinction through terms such as ‘style’ and ‘approaches’, which may relate to both methods and techniques.

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How to make mediation work?

How to make mediation work?

Prof. Jan van Zwieten RI,RA,RO (Netherlands)

Introduction

Mediation is more and more well-known and a lot of countries in the eastern part of Europe, Eur-Asia and Asia now adopt a law in mediation. In most of these countries the mediators also organise themselves in an association. So it looks as if all ingredients for a success story of mediation are in place. But what can we learn from the same developments in other countries both in the regions but also in Western Europe where the same development has taken place?

So this article is to discuss the possible pitfalls and to learn from other experiences. Does it mean that it is negative? No, not at all, but there is only once a first opportunity. It just wants to make sure that this unique possibility should be taken very serious. If we don’t make the right choices it will take a long time before it will work (if ever)!

In Europe the Netherlands is most successful in implementing mediation. It is generally accepted in society, by lawyers and the courts. So what can we learn from it? From this comparison we developed 10 golden rules to a successful implementation.

Development of mediation

Already in the beginning of the eighties of last century, mediation began to have an official status in some countries (for example the USA and South-Africa). But in the nineties it came up in almost all countries in Western-Europe. So Holland founded the “Netherlands Mediation Institute” in 1996. It was a private structure. Legislation was not even considered at that time. The discussion in Europe started around 1998 and resulted in an official directive on mediation in 2009. Holland adopted it’s first law in 2009. This law is quite general and for sure doesn’t have any obligations to go to mediation whatsoever. So compared to for example Italy (and now Greece) the law doesn’t help mediators much. In Italy and Greece mediation is mandatory before going to court. But in the end this doesn’t seem to be the solution to really make it work. Basis should be that it is accepted by most people, institutes, organizations, related professions (lawyers, psychologists, accountants) and government as a serious alternative to court.

So what was the process in the Netherlands? For almost 25 years the initiative came from the mediators. The first ten years there were just some enthusiastic pioneers. Of course there were many different opinions and they had their fights. But they had time to experiment and it was not in the spotlights. It was as a child that had time to grow-up. And like children they made mistakes and learned from it in the process to maturity. Now there are almost 3,000 registered mediators active, about 200,000 official mediations and many more unofficial. Also there are about 30,000 people that followed the course on mediation and use the skills in their daily work. Among them judges, mayors, HR-managers, financial specialists etc..

So what is the difference in the process to all countries that have no tradition in mediation and started recently (often because of the European-guideline)? In these countries mediation is introduced immediately on a grown-up level. Mostly a law is adopted and a formal structure is implemented. Training programs are started and publicity is made. So what is the problem?

  • No tradition in mediation, people don’t know what it is
  • The whole juridical system sees it as a threat (lawyers) or don’t take it serious (judges, politicians)
  • No experienced mediators
  • No ambassadors and success stories
  • No infrastructure or money to build it

So we expect the child to act as a grown up without any support or guidance.

Does it mean that it is not possible? No, on the contrary. A famous saying in Holland is “Every disadvantage has an advantage”. If we learn from the experience of others we can bring mediation to maturity very fast. Don’t re-invent, but listen, learn, adapt and bring even a better version of all existing. So what we want to do in this article is to show the ten steps, the ten golden rules to a successful implementation. Based on all experiences and as a guideline for a mature implementation.

The ten golden rules for a successful implementation

1. Unite, act as 1!

It is very difficult to implement a new concept in the market. Especially in such a delicate area as conflicts and law. There are two big challenges. First you must make the concept known, so how to reach the people? The second is make them buy it. For this they need trust and believe. In this all mediators have the same interest. If we are not able to present ourselves as one, the people will not understand it. So we have to put our differences aside and speak as one group of professionals. This also gives us more strength as the numbers count in all exposure and discussions (for example to the government and courts). Therefore:

  • Transparency in the market
  • The strength of numbers
  • Common values as mediator are more important than our differences in background or vision

2. Only 1% of mediations come from courts!

All new countries focus on the law as the holy Grail. Everyone believes that the law must push people to mediation. The Italian system is the best example in this. But even in Italy we see that it is not the solution. The reason is simple. Only a very low percentage of cases at the courts will go to mediation or is even fit for mediation. The strength of mediation is to solve a lot of conflicts before they have the escalation of court. And even more mediations will be on conflicts that never go to court. But there is a big advantage if the courts use mediation. It brings visibility and credibility. So it is not about the numbers, but serves another purpose. If it is not forced, judges will also be more willing to cooperate. Therefore:

  • The law is of little importance
  • Court mediations are only for visibility and credibility

3. Create a clear structure!

We see that there is a width variety of structures in the countries. Unfortunately this is not because all countries have their own specific strategy in it. The problem is that they just start a structure without really thinking about the consequences of it. They just want a juridical entity to unite people. But as we will see if we move on in the aspects of the golden rules there are a lot of aspects to be taken into account. This means that we need a structure that is clear in roles and procedures. In Holland we therefore have three separate juridical entities with each of them a different role and task. Within these organisations there is enough power to execute. This means that both publicity and regulations are taken care of. Only a group of volunteers is not an organisation. It is great that they will do this, but it is not sustainable and not nearly enough. You need a lot of personnel to take care of all making of legislation/regulation/procedures and especially maintaining this. If you only work with volunteers they have their attention mostly on their normal work, and do it as a kind of hobby. You need enough people with dedicated attention:

  • Energy flows where attention goes

4. Quality!

Mediators must operate and present themselves at the same level as lawyers, psychologists, accountants and many others. From the beginning mediation however has been a side business to other professions. So we have lawyer-mediators, psychologist-mediators etc.. The level was actually represented by the basic education and basic profession. But this is no guarantee at all that the person is a good mediator. Mediation is a profession by itself. You need to take it serious and spend enough time doing it and preparing yourself for it. So also the whole quality system around it must be professional. In the Netherlands we changed the quality system in 2012. The demands went up enormously. The result has been that now we lost 2000 mediators as they could not meet the demands. But the number of mediations went up significantly. The remaining mediators are more focussed on mediations and the people perceive more quality, so are more willing to go to mediation. So now we have more strict demands on exams/assessments, there is an official audit on Permanent Education every three years and an obligation on peer-groups. So we have less mediators but more mediations.

  • Show the same level as lawyers, psychologists and accountants
  • We are mediators, not a side business, take it serious

5. Take it serious!

In almost all countries the course to being a mediator is quite short. We base ourselves on our basic education (bachelor or master level) and only focus on skills. One of the reasons for the success of mediation is that the course is great and the skills are really helpful to everyone. But that is not the issue. What will be the interpretation of the outside world? People train themselves in a course with a limited number of hours (mostly 12 to 20 days) and then pretend to have acquired the competences of a completely new profession. For sure politicians will not see it this way. Therefore they see it as lawyers that did something extra. In all the laws we see the tendency to keep it restricted to people with a master study in law. Therefore the education to mediator should also be upgraded. Therefore now we see the development of bachelor and master education to mediation.

  • You cannot just go on the basic education; Mediation is a separate profession

6. If you cannot beat them, join them!

In all countries where mediation starts they find themselves in a fight with the lawyers. Lawyers see it as competition. Also the whole court system, especially the judges, don’t take it serious. Of course there are always exceptions, but basically this is what happens. Mediators try to fight for their position in trying to prove that what they do is equally good, or even better than what the others are doing. This ends up in a fight, a fight you can never win. In the USA and the Netherlands this was not the case because when it started it was unknown and not seen as a threat. The child had time to grow up. But even in those countries the moment came that the fight was there. The only solution was to get out of the fight and be part of the system. Make sure that you have as much as possible ambassadors under these groups and make them clear that you’re not going to take their work. We want them to be part in the mediations, sit at the table, spend their hours. They must start liking mediation, recommend it to their clients. Find the win-win. A client will appreciate a lawyer that takes care of a good solution, so give them the opportunity to shine, to show that they care about their clients.

  • Judges and lawyers are our friends, find ambassadors
  • Win the crowd, they are our clients

7. Courts can help in credibility!

Although the court mediations are only a very small percentage of the mediations it still is important in terms of visibility and credibility. People will think that if the courts trust mediators in their jobs, it must have quality. Also it is good publicity, the numbers are not relevant but you can go to the media with it. Actually the low number will help you in winning the lawyers for mediation. They see it less as a threat. Their work is mostly court related, we bring them extra work for new cases that otherwise might not even have got there. So don’t push for too much, it will only have a negative effect, but make sure that you’re in!

  • Only 1% of mediations, but credibility to the clients
  • Win the judges, train the judges

8. Find the entry doors to the market!

So if the court mediations are only 1%, then where do the mediations come from? To us it is quite surprising that there is not much attention for this. We are introducing a new profession, we have to do our marketing. To do this you have to know your potential market. Where are a lot of conflicts? Who doesn’t want conflicts to be solved in a fighting spirit in court? Thinking like this the answers are not difficult. The area of possibilities surprisingly wide. The first to pick it up were all civil services like ministries (tax department, defence), town halls, public transport etc.. They are there to serve the people, not to fight them. They are mostly under the responsibility of politicians that benefit from popularity with people. Second are big companies that are afraid of reputation damage (first of all insurance companies, but also banks, accountants), all big companies with a lot of labour conflicts. It costs money if it escalates and people are less willing to work there. Advisory companies and services are also interested. They see conflicts within their clients, solving it will help to keep the client. And there are many more. Targeting on those resulted in large numbers of mediators within these organisations. As their might be a conflict of interest it also helps mediators outside these organizations to work. And more and more there is a culture of conflict resolution. So ask yourself:

  • Where do we find conflicts?
  • Who has something to loose in a conflict?
  • Where is the win-win?

9. Train them all!

Training people helps in several ways. First of all to make them aware of the advantages of mediation, they see that it works. Second that it is not easy, it is a profession and very different from what they always do and consider to be conflict resolution. Third that it doesn’t take away their job. On the whole it brings more work. So they want to be part of it. So find ambassadors in each group and penetrate the group with the purpose of committing themselves by doing a training. Here you can easily make use of the same groups in more established countries where they will definitely give positive recommendations. So go to:

  • Judges and lawyers
  • Mayors, politicians
  • HR-managers, CEO’s
  • Accountants, advisors
  • Insurance companies

10. Culture is not an excuse!

Don’t say; this will not work in our country, not in our culture

This is what we hear in all new countries. But this is nonsense. The culture in Western Europe and the United States is the most individualistic culture in the world. In all other cultures people are more used to collective ways of problem solving. Also the legal system in Western Europe is perceived by the people to be objective and fair. In many other countries this is not the case. So why would people go to court if they don’t trust the system? Why not take the safe route and have some kind of control on the solution. People in Western Europe have no financial blockade to go to court, in other countries this might be an issue (mediation is cheaper). So there actually is a lot in favour of mediation for North Macedonia. For sure every culture, every society has it owns rules, its own way of doing. So you have to adapt the way how to make it work, how to reach and convince people. But it can be done!!

  • People do not have more faith in your court system
  • Conflicts are similar
  • It is cheaper
  • People want to have some control and don’t want to loose