communication techniques
TRANSCRIPT
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