Communication & Mediation

Communication & Mediation

Communication Techniques in Mediation Cases

Communication Techniques in Mediation Cases

AgendaAgenda

Mediation - revisited Phases of Mediation Details of the Phases Techniques

Mediation - revisited Phases of Mediation Details of the Phases Techniques

Mediation - revisitedMediation - revisited

Mediation is a voluntary, non-binding process using a neutral third party to guide the parties toward a mutually beneficial resolution of their dispute. Unlike an arbitrator, who can impose a decision, the mediator helps the parties to decide for themselves whether to settle and on what terms. The mediator acts as a catalyst for the process, helping parties reach agreement by identifying issues, exploring possible bases for agreement and the consequences of not settling and encouraging each party to accommodate the interest of the other parties. It is a cooperative, interest-based approach to conflict resolution.

Mediation is a voluntary, non-binding process using a neutral third party to guide the parties toward a mutually beneficial resolution of their dispute. Unlike an arbitrator, who can impose a decision, the mediator helps the parties to decide for themselves whether to settle and on what terms. The mediator acts as a catalyst for the process, helping parties reach agreement by identifying issues, exploring possible bases for agreement and the consequences of not settling and encouraging each party to accommodate the interest of the other parties. It is a cooperative, interest-based approach to conflict resolution.

Benefits of MediationBenefits of Mediation

Early evaluation leads to early resolution Mediation is voluntary; The users control the

mediation Mediation does not involve an imposed decision Privileged communication, not to be used as

evidence Creative solutions Dialoghe is the key

Early evaluation leads to early resolution Mediation is voluntary; The users control the

mediation Mediation does not involve an imposed decision Privileged communication, not to be used as

evidence Creative solutions Dialoghe is the key

Phases of MediationPhases of Mediation

1. Pre-Mediation 2. Main-Mediation 3. Post-Mediation 4. Meta-Mediation

1. Pre-Mediation 2. Main-Mediation 3. Post-Mediation 4. Meta-Mediation

1. Pre-Mediation1. Pre-Mediation

Goal: Building the basis for successful mediation Sequence:

Private meetings w/ individual parties Mediation begins w/ a question: The Quality of the

relationship between parties Preceding questions: Worst case scenario Capacity building Identification of parties‘ interests

Goal: Building the basis for successful mediation Sequence:

Private meetings w/ individual parties Mediation begins w/ a question: The Quality of the

relationship between parties Preceding questions: Worst case scenario Capacity building Identification of parties‘ interests

2. Main-Mediation2. Main-Mediation

Goal: Interest-based bargaining and settlement

Sequence: Conference Mediation and Caucus Mediation Options Legitimacy Communication and relationships (narrative

and story-telling)

Goal: Interest-based bargaining and settlement

Sequence: Conference Mediation and Caucus Mediation Options Legitimacy Communication and relationships (narrative

and story-telling)

3. Post-Mediation3. Post-Mediation

Goal: Durable/Sustainable agreement Questions:

Context of the agreement Measures of Effectivness

Goal: Durable/Sustainable agreement Questions:

Context of the agreement Measures of Effectivness

4. Meta-Mediation4. Meta-Mediation

Goal: To reach and foster transformation and reconciliation

Sequence: Thorough Conflict Management System Intercultural Competence Adjustment of Agreements

Goal: To reach and foster transformation and reconciliation

Sequence: Thorough Conflict Management System Intercultural Competence Adjustment of Agreements

Users‘ expectationsUsers‘ expectations Assessment is explicitly requested Extent of mediator‘s knowledge and expertise Degree of confidence mediator expresses in assessment Degree of pressure mediator exerts to accept

assessment Assessment given in joint session or caucus Late or early process assessment Assessment before impasse or after impasse Competence of counsel Impartiality of mediators

Assessment is explicitly requested Extent of mediator‘s knowledge and expertise Degree of confidence mediator expresses in assessment Degree of pressure mediator exerts to accept

assessment Assessment given in joint session or caucus Late or early process assessment Assessment before impasse or after impasse Competence of counsel Impartiality of mediators

Mediator‘s ethicsMediator‘s ethics

Emotions Neutrality Trust your insticts Be relentless Truth is not relative Conflict has a life on its own

Emotions Neutrality Trust your insticts Be relentless Truth is not relative Conflict has a life on its own

TechniquesTechniques

Basic principles: Involve all concerned parties Gather information first Negotiate second

Basic principles: Involve all concerned parties Gather information first Negotiate second

Information GatheringInformation Gathering

Active Listening: Communicate interest Builds rapport Use gestures and soundsActive Listening:

Repeat Technique Repeat vague word with inflection Other will clarify Builds rapport Draws other out

Active Listening: Communicate interest Builds rapport Use gestures and soundsActive Listening:

Repeat Technique Repeat vague word with inflection Other will clarify Builds rapport Draws other out

ProbeProbe

Open-ended questions: Begin with who, what, when, where, how, in what way,

in which way, under what conditions Avoid „Why“ - sounds jugdement, makes people

defensive Keep other talking - no yes or no Avoid leading questions

Poor: „Do you think that?“ - Better: „What do you think?“

Avoid closed questions

Open-ended questions: Begin with who, what, when, where, how, in what way,

in which way, under what conditions Avoid „Why“ - sounds jugdement, makes people

defensive Keep other talking - no yes or no Avoid leading questions

Poor: „Do you think that?“ - Better: „What do you think?“

Avoid closed questions

Check outCheck out

Be tentative: Ask „Do you mean...?“ „I get the feeling...?“ Seeking a yes or no for check out

Specific check out: General check out Feeling check out

Be tentative: Ask „Do you mean...?“ „I get the feeling...?“ Seeking a yes or no for check out

Specific check out: General check out Feeling check out

Review and SummaryReview and Summary

„Let me see if I‘ve got it“ + State point 1, 2, 3, etc.

„To summarize...“ End with: „Is there anything else to add?

„Let me see if I‘ve got it“ + State point 1, 2, 3, etc.

„To summarize...“ End with: „Is there anything else to add?

Give InfoGive Info

Describe your concerns Express your interests and feelings

Use „I“ statements Avoid speculating on other‘s motives

Describe your concerns Express your interests and feelings

Use „I“ statements Avoid speculating on other‘s motives

More TechniquesMore Techniques

Linear questions: clarification Circular questions: exploration (systemic theory) Open-ended questions: more potential Closed questions Reframing: placing statements in a new (positive)

frame Moderating: within the same frame to decrease

sharpness or power

Linear questions: clarification Circular questions: exploration (systemic theory) Open-ended questions: more potential Closed questions Reframing: placing statements in a new (positive)

frame Moderating: within the same frame to decrease

sharpness or power

Negotiate Action PlanNegotiate Action Plan

Elicit suggestions Allow face saving Check with all parties involved Concentrate on what you each will do Get agreement from all parties involved Review and Sum Up Action Plan Acknowledge Schedule Follow up

Elicit suggestions Allow face saving Check with all parties involved Concentrate on what you each will do Get agreement from all parties involved Review and Sum Up Action Plan Acknowledge Schedule Follow up

Questions & AnswersQuestions & Answers

Thank you for your attentionThank you for your attention