16 Questions
What is the primary goal of mediation?
To identify and meet the underlying interests of the parties
When is mediation NOT useful?
When one party wants to WIN with no regard to the other
What is the role of the mediator in the mediation process?
To facilitate communication between the parties
What is a key characteristic of mediation?
It is a voluntary process
What is an example of a situation where mediation might be useful?
A divorce dispute
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
What is the primary purpose of the mediator's opening statement in a mediation session?
To explain the mediation process and establish ground rules
What is a key benefit of mediation?
It allows parties to repair their relationship
What do mediators focus on during the mediation process?
The real issues of the dispute
What should the mediator do when the second person gives their opening statement?
Listen for factual, value, and relationship differences
What is the goal of reframing in mediation?
To help the other side understand and accept the opposing party's perspective
What should the mediator do when addressing substantive issues in a mediation session?
Address the easiest issues first
What is the primary goal of empathic listening in mediation?
To understand the disputants' perspectives and interests
What should the mediator do when exploring issues in more depth?
Clarify misunderstandings and work through emotions
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
What should the mediator do when putting selected options together to formulate an overall agreement?
Combine the selected options into a comprehensive agreement
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
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.
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