Mediation Process

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Questions and Answers

What is the primary goal of mediation?

To prove guilt or innocence

To identify and meet the underlying interests of the parties (correct)

To force a decision on the parties

To decide who is right or wrong

When is mediation NOT useful?

When parties have never communicated before

When one party wants to WIN with no regard to the other (correct)

When parties want to come to a mutually-satisfactory agreement

When compromise is not an option (correct)

What is the role of the mediator in the mediation process?

To facilitate communication between the parties (correct)

To act as a judge in the dispute

To make decisions on behalf of the parties

To provide legal advice to the parties

What is a key characteristic of mediation?

It is a voluntary process Signup and view all the answers

What is an example of a situation where mediation might be useful?

A divorce dispute Signup and view all the answers

What is the main goal of a mediator in helping parties come up with their own agreement?

To help parties generate options that meet their interests Signup and view all the answers

What is the primary purpose of the mediator's opening statement in a mediation session?

To explain the mediation process and establish ground rules Signup and view all the answers

What is a key benefit of mediation?

It allows parties to repair their relationship Signup and view all the answers

What do mediators focus on during the mediation process?

The real issues of the dispute Signup and view all the answers

What should the mediator do when the second person gives their opening statement?

Listen for factual, value, and relationship differences Signup and view all the answers

What is the goal of reframing in mediation?

To help the other side understand and accept the opposing party's perspective Signup and view all the answers

What should the mediator do when addressing substantive issues in a mediation session?

Address the easiest issues first Signup and view all the answers

What is the primary goal of empathic listening in mediation?

To understand the disputants' perspectives and interests Signup and view all the answers

What should the mediator do when exploring issues in more depth?

Clarify misunderstandings and work through emotions Signup and view all the answers

What is the purpose of making a list of substantive issues in a mediation session?

To organize the issues and address them one at a time Signup and view all the answers

What should the mediator do when putting selected options together to formulate an overall agreement?

Combine the selected options into a comprehensive agreement Signup and view all the answers

Study Notes

What is Mediation

Mediation is a process in which an impartial third party facilitates communication and promotes voluntary decision making by the parties to the dispute.
It is a process in which a third-party neutral assists in resolving a dispute between two or more other parties.

Goals of Mediation

Enlarge the pie
Provide more choices than court/legal determination
Identify and meet underlying interests
Repairing/restoring the relationship
Self-determined resolution of parties (voluntary, un-coerced)

When is Mediation Useful?

When parties want to come to a mutually-satisfactory agreement, but do not know how to do this on their own.
When parties have tried and failed to do it on their own.

When is Mediation NOT Useful?

When one (or both) parties want to WIN with no regard to (or at the expense of) the other.
When compromise or even acceptance of the other side’s views is not an option.
When you want to prove guilt or innocence, right or wrong.

Examples of Mediation Use Cases

Divorce and custody disputes
Consumer disputes
Roommate disputes
Workplace disputes
Environmental disputes
International disputes
Landlord-tenant disputes

The Role of the Mediator

Facilitate communication between parties
Assist parties in focusing on the real issues of the dispute
Generate options that meet the interests or needs of all relevant parties
Help parties come up with their own agreement

Mediator's Jobs

Improve communication between parties
Set and enforce ground rules
Empathic listening
Reframing to focus on interests
Reframing attacks
Modeling good communication and problem-solving behaviors

Steps of Mediation

Preliminaries: getting people to the table, pre-meeting preparations
Introduction: names, opening statement, explaining what mediation is, how it works, who is in charge of what, suggested ground rules, confidentiality
Discussion/approval of ground rules
Disputant's opening statements
Mediator jobs: listen actively, reframe, thank and affirm
Explore issues in more depth: clarify misunderstandings, work through emotions of relationship issues, acknowledge and respect identity issues
Make a list of substantive issues that need to be addressed
Address them one at a time (easiest first or hardest first?)
Brainstorm options
Evaluate options
Select options
Put selected options together to formulate overall agreement

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Description

Understand the concept of mediation, its definition, goals, and benefits. Learn how mediation differs from a meeting and how it facilitates communication and voluntary decision making.