judicial studies board training event 3 rd october 2015 family mediation
TRANSCRIPT
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Judicial Studies Board Training Event
3rd October 2015
Family Mediation
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Family Mediation NI7 University Street, Belfast, BT7 1FY
Tel: 028 9024 [email protected]
www.familymediationni.org.uk
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UPDATES SINCE 3rd OCTOBER 2015
Publication of the Access to Justice Report – Part 2 – 3rd November 2015
https://www.dojni.gov.uk/publications/access-justice-review-part-2-final-report
"17.28 In all the circumstances I think the time has come for a major expansion of the provision of family mediation in Northern Ireland...For me, the dominant policy reason for promoting more ADR is that it produces better outcomes for clients. Savings will be a bonus." p153 "17.34 As a starting point for consultation, I recommend that public funding should be available only for family mediators who are trained tostandards approved by Family Mediation Northern Ireland, the Family Mediation Council of England and Wales or the Mediators’Institute of Ireland." pp154-155
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UPDATES SINCE 3rd OCTOBER 2015
The Mediators’ Institute of Ireland presents Family Mediation NI
Joan Davis (far left) receiving an Award on behalf of FMNIat the Annual Conference of The Mediators’ Institute of Ireland on 23rd October 2015. The all island Award recognised the contribution made byFMNI to the advancement of Family (Separating Couples) Mediation.
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MEDIATION
Knowledge & Theory
Values & Principles
Skills Staged Process
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MEDIATION
The unique recipe of mediation
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MEDIATION OVERVIEW
Mediation OverviewDefinitions of Mediation
Principles & ValuesRole & Skills of the Mediator
The Staged ProcessPositions, Interests & Needs
Different Process ModelsThe Spectrum of Conflict Interventions
Mediation & Families in TransitionsOutcomes
Evaluation
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MEDIATION DEFINITIONS
“Mediation is a voluntary, confidential process that allows two or more disputing parties resolve their conflict in a mutually agreeable way with the help of a third party, a mediator.”
Stein, M. & Ernst, D. 1997
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“The process of mediation is the management of other people’s negotiations,
and the mediator is the manager of the negotiations who organises
the discussion of the issues to be resolved.”
John Haynes 1994
MEDIATION DEFINITIONS
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Mediation - A process in which an impartial and a neutral third party facilitates communication and negotiation and promotes voluntary decision-making by the parties to prevent or resolve a dispute and to assist them to reach a mutually acceptable solution.
The Mediators’ Institute of Ireland Code of Ethics & Practice 2009
MEDIATION DEFINITIONS
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The Mediator - A trained and accredited professional who facilitates the process of mediation whilst acting at all times in accordance with the principles of impartiality, integrity, fairness and confidentiality, with respect for all parties involved in the mediation.
The Mediators’ Institute of IrelandCode of Ethics & Practice 2009
THE MEDIATOR
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Facilitator: of Communication; of Capacity Power Balancing & Empowerment Appropriate Questioning & Reframing Empathic Listening Supportive Challenge “the mirror” Self- awareness & Self-reflection+ Navigator / Project Manager+ Information Provider / Educator+ Agent for change?Respect & Patience & Persistence & Curiosity & Congruence
TASKS & SKILLS OF A MEDIATOR
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MEDIATION PRINCIPLES & VALUES
Self Determination Voluntary Participation Confidential - with exceptions Privileged Impartial - ‘on everyone’s side’ Neutral - as to the outcome Informed Decision Making+ Child Focused
RESPECT
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Preparing for the ProcessEngaging & Identifying Issues for Mediation
Information GatheringOption Generation
Option DevelopmentNegotiation
Outcome Implementation
Review
MEDIATION AS A STAGED PROCESS
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Interest based Vs positional negotiation
POSITIONS, INTERESTS, NEEDS
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THE ICEBERG OF CONFLICT
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ABOVE THE WATER LINE
Parties arrive at conclusions that may be firmly held and lead to the adoption of intractable positions.
These are presented above the water line.
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BELOW THE WATER LINE
In order to surface the multi-dimensional, multi-faceted nature of conflict it is necessary to explore what is below the surface.
People in conflict have a depth of meaning below the water line.
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BELOW THE SURFACE
Issues
Personalities
Emotions
Interests, Needs, Desires
Self-Perceptions and Self Esteem
Hidden Expectations
Unresolved Issues from Past
Surface
Cloke & Goldsmith (2000, p.114)
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MEDIATION PROCESS MODELS
Facilitative•Evaluative•Transformative•Narrative•Restorative
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THE SPECTRUM OF CONFLICT INTERVENTIONS
• The Legal Process: Adjudication; Collaborative Law • Restorative Justice / Restorative Practice Conferences• Arbitration• Conciliation• Early Neutral Evaluation• Conflict Coaching• Assisted Negotiation• Enquiry & Investigation• Truth & Reconciliation
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MEDIATION & FAMILIES IN TRANSITION
WHAT?Separation & DivorceParenting & ChildrenFinances &PropertyBoundaries – both kindsBehaviour(s)Safety/ProtectionElder careReconciliation / restorationSubstantive and relational
WHO? Spouses/Partners Parents Siblings – adult/teenage Grandparents Elderly Extended family External Agencies The Legal Process All of the above
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MEDIATION OUTCOMES
OUTPUTSAgreement
Written OR Verbal Non-binding OR Binding Legal
Content Parenting Finances / Property Care Plans Ground Rules/Boundaries Support Plans Review Preventative strategies
OUTCOMES
ReconciliationClosureImpasseAgreement(s)No AgreementSupport SystemsLearning from the pastApologyForgiveness
+ Other Agency Involvement
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EVALUATION OF MEDIATION
Success• How to define and measure?
Who defines success• Clients• Parties• Mediator(s)• Funders• Policy-Makers• The Legal Profession• Society
Bespoke Evaluation DesignFurther Empirical Research ‘the metrics’
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FURTHER READING
College of Mediators’ Code of Practicewww.collegeofmediatiors.co.uk
The Mediators’ Institute of Ireland Code of Ethics & Practicewww.themii.ie