MEDIATION AND SOCIAL WORK--A PERFECT PARTNERSHIP

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Ethics

Ethics of Social Work Practice and the Helping Relationship:• Self determination• Confidentiality • Empowerment • Worth and dignity • Mutual support through human relationships• Competence in practice• Integrity

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Ethics of Mediation:• Voluntary• Impartiality• Best interest of parties• Have control of the outcome-self determination• Private and confidential (must offer appropriate

disclaimers)• Time limited and goal focused

Goals of Mediation:• Facilitated negotiation• Reach an agreeable outcome• Informal and non-adversarial• Strength focused• Shared commitment to the outcome• Opportunity to share story-demonstrated through active

listening• Ending with a plan of action

Sett

Setting the stage for mediation:• Introduction and setting the stage-what will happen next• Discuss the roles of the parties-including non-primary

parties, such as family members. • Understanding how the parties ended up in mediation? • Is there a financial cost?• Explain parts of the process that may not be apparent.• Impartiality-staying neutral but always displaying

concern for both parties • The process- define terms such as caucus, cross talk • Confidentiality• Voluntary

• Ground rules (i.e.: no interruptions during opening statements, how long the session will last, how many sessions)

• Provide adequate space-consider the placement of chairs, clocks, windows etc.

Setting the stage of the helping relationship:• Welcome and setting the stage• Roles of the parties- voluntary, caseworker, family

member • Collecting data through an intake and assessment

interviews• Establishing a relationship of good will• Confidentiality and limitations• Focused on goals and steps to reach them• Endings

The in’s and out’s of the helping relationship• Always be authentic-the true you.• Be mindful of your role.• Convey empathy and understanding.• Be aware of possible barriers to problem resolution.• Understand the limits of the helping process, by being

realistic.• Focus on small tasks that lead to larger goals.• All interactions are purposeful (i.e.: self disclosure) • Usually time limited. • Access natural helpers and support people.

• Know the resources and how to access them.• Remember, success comes in many forms.• You may be the only “cheerleader” in the crowd.• Use supervision to process the case • Consult with experts when needed.

The in’s and out’s of mediation:• Be positive and encouraging. • Never give up, there is a solution. • Be directive without directing. • Use basic interviewing skills such as reflection of

feelings and summarization• Lean on your co-facilitator (if there is one) for

assistance. • Watch the room, pay attention to subtle changes in the

atmosphere.• Ask others (family members, support people) to share

their insights.

• Assure participants there is an ending point, either time runs out or the process has reached a natural ending point.

• Write up the agreement in a detailed manner, who will do what and by when.

• Offer next steps if parties are not satisfied with the outcome of mediation (i.e.: talk to the judge, caseworker, parent).

• End the session on a positive note, even if an agreement has not been reached.

How to encourage participation in mediation:• It offers a resolution of your own making• It is confidential • It is time limited• It is binding • It is voluntary• It works!

Now try it.