Mediation (1).pdf

MEDIATION  What is Mediation “A process” not “a meeting” Definitions – Mediation is a process in which an impartial third party facilitates communication and promotes voluntary decision making by the parties to the dispute. – Mediation is a process in which a third-party neu...

MEDIATION  What is Mediation “A process” not “a meeting” Definitions – Mediation is a process in which an impartial third party facilitates communication and promotes voluntary decision making by the parties to the dispute. – Mediation 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 More Choices Than Court/Legal Determination Identify and Meet Underlying Interests – Repairing/Restoring the relationship – More business to be done? Self-Determined Resolution of Parties – Voluntary, un-coerced  When is it Useful? When the parties want to come to a mutually- satisfactory agreement, but do not know how to do this on their own OR They have tried and failed to do it on their own.  When is it 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 Divorce Consumer Custody disputes Roommate Landlord-tenant disputes disputes Workplace Environmental disputes disputes International disputes The Role of the Mediator... is to facilitate communication between the parties, assist them in focusing on the real issues of the dispute, and generate options that meet the interests or needs of all relevant parties in an effort to resolve the conflict. Mediators are process people Mediators help the parties come up with their own agreement. Some may ask leading questions Some mediators may make suggestions about possible solutions But ultimately, the decision rests in the hands of the parties. Mediators biggest jobs are... Improving the communication between the parties. Setting and enforcing ground rules Empathic listening Reframing to focus on interests Reframing attacks Modelling good communication and problem solving behaviors.  Steps of Mediation Preliminaries – Getting people “to the table” – Pre-meeting preparations Introduction – Names – Opening statement What mediation is How it works Who is in charge of what Suggested ground rules Confidentiality  Steps of Mediation Discussion/approval of ground rules Disputant’s opening statements – Mediator must decide who speaks first – How long to let them talk before letting the other person/people have their turn Mediator jobs – Listen actively (paraphrase, summarize, ask open-ended questions) – Reframe as appropriate to help other side understand/accept what other side has to say. – Thank and affirm  Steps of Mediation Mediator jobs (cont.) – As second person gives opening statement, mediator should: Listen for factual (data) differences Listen for value differences Watch for relationship problems Listen for commonalities Listen for possible areas of agreement  Steps of Mediation Mediator jobs (cont.) – Explore issues in more depth Clarify misunderstanding Work through the emotions of relationship issues Acknowledge and respect identity issues Point out areas of agreement/commonalities Point out areas of difference Try to get disputants to brainstorm possible solutions to their differences  Steps of Mediation Mediator jobs (cont.) 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  Steps of Mediation Mediator jobs (cont.) – Put selected options together to formulate overall agreement. Make sure agreement is workable Make sure it is clearly understood by both sides Make sure it is acceptable to both sides. Make sure next steps are understood and agreed to by everyone. Put it in writing and get it signed. If necessary, submit agreement to the court.  What Mediation Looks Like  Room A 9:00 a.m. M M = Mediator Room A 11:00 a.m. M Room B M = Mediator Room A M 1:00 p.m. Room B M = Mediator  Room A 4:00 p.m. M M = Mediator Finished Document 6:00 p.m.  Settlement Documents Term Sheet Formal Agreement