fundamentals of mediation

Politics of CooperationPolitics of CooperationThis workshop will focus on moving from "position to interest" to help persons in conflict reach that elusive win/win.

Gary Direnfeld, MSW, RSWwww.yoursocialworker.com

Agenda – Agenda – Oh yes, there is always an Oh yes, there is always an agenda…agenda…

Who’s who?What are we really talking about?What’s involved?How do we do it?What’s it like?What did we learn?

Goal: This workshop will improve participants mediation skills by developing their ability to move clients from their respective positions to common interests.

www.yoursocialworker.com

What we are really talking What we are really talking about is mediation…about is mediation…

A process for achieving resolution between parties subject to a dispute with the aid of an impartial/neutral third party, where the third party has no authority to impose a resolution and where the parties subject to the dispute accept the resolution voluntarily.


Types of MediationTypes of Mediation

TransformativeEvaluativeFacilitative/Interest Based


TransformativeTransformative

Empowerment and mutual recognition over resolution

Settlement is less the goal than the parties recognizing one and other’s needs and issues.

Theoretically or paradoxically, settlement may thus occur when not the focus.

(Sounds Rogerian in design)


EvaluativeEvaluative

Respective positions are heard and assessed by mediator who then advises on likely outcomes with the view of reaching a settlement.


Facilitative/Interest BasedFacilitative/Interest Based

Seeks a mutually acceptable outcomeMay provide adviceActive listening importantSelf-determination important Meeting mutual interests over exclusive

positions is key


Safety FirstSafety First


Domestic ViolenceDomestic Violence

Can a party who is scared or intimidated or threatened negotiate or be said to enjoy self-determination?

Screening for domestic violence and power imbalances…


Setting Ground RulesSetting Ground Rules


Ground Rules:Ground Rules:

Role of the mediatorReasonable/respectable tone.Appropriate languageAppropriate behaviourStop when askedBreaksCaucusRefreshments

You are in charge of your life.I am in charge of the mediation process!


Mediator’s RoleMediator’s Role Helping parties communicate better by detoxifying their language

with each other

Assisting parties to identify separate and mutual interests

Helping parties investigate what is really important behind a particular demand or position

Probing for specific information that might help explain or otherwise analyze a demand

Help parties determine what will be gained by reaching an agreement

Keeps the process moving and manages impasses


PrinciplesPrinciples

Focuses on issues; not personalitiesFocuses on interests; not positionsCreates options to satisfy both mutual and

separate interestsEvaluates options according to standards; not

power


AssumptionsAssumptions

Communication enhances relationshipsAll parties receive benefitsEach party should help the otherOpen discussion expands interests and optionsStandards replace powerAnger / frustration / anxiety is defused


StepsSteps

1. Identify the issue

2. Discuss all interests

3. Generate options

4. Select standards to evaluate options

5. Evaluate options using standards

6. Develop solution and capture in writing


Managing Impasse Managing Impasse oror How To How To Motivate MovementMotivate Movement

BreaksCaucusObtain more informationSlow the process downConsultation (bring in the tribal elder)What if?


What the #*&@!What the #*&@!

BATNA◦ Best alternative to a negotiated agreement

WATNA◦ Worst alternative to a negotiated alternative

MLANTA◦ Most likely alternative to a negotiated alternative


Position vs. InterestPosition vs. InterestSo what’s the difference?So what’s the difference?

There was once only one orange left in a kitchen and two prominent chefs were fighting over it.

"I need that orange !" "Yes, but I need that orange as well !"



Time was running out and they both needed an orange to finish their particular recipes for the President's dinner. They decided on a compromise: they grabbed one of the large kitchen knives that was lying around, split the orange in half, and each went to his corner to finish preparing his meal.



One chef squeezed the juice from the orange and poured it into the special sauce he was making. It wasn't quite enough, but it would have to do. The other grated the peel and stirred the scrapings into the batter for his famous cake. He too didn't have as much as he would have liked, but given the situation, what else could he have done ?



The better solution may seem obvious to you now: both chefs would have been better off if they had peeled the orange and had simply taken the part they needed. Instead, the chefs had focused on each other's position (the what) and not on each other's interest (the why).

http://web.mit.edu/negotiation/www/NBivsp.html


Compromise vs. PrioritizeCompromise vs. Prioritize: : What’s the difference in negotiations?What’s the difference in negotiations?

Compromise◦ Lose to win◦ Give something up◦ Feel like you’ve lost

something

Prioritize◦ Play to what’s important◦ Not giving anything up◦ Feel accomplished


Role PlayRole Play


Lessons Learned?Lessons Learned?


Agenda – Agenda – Oh yes, there is always an Oh yes, there is always an agenda…agenda…

Who’s who?What are we really talking about?What’s involved?How do we do it?What’s it like?How did it work?What did you learn?

Goal: This workshop will improve participants mediation skills by developing their ability to move clients from their respective positions to common interests.


Politics of CooperationPolitics of CooperationThis workshop will focus on moving from "position to interest" to help persons in conflict reach that elusive win/win.

Gary Direnfeld, MSW, RSWwww.yoursocialworker.com

fundamentals of mediation

News & Politics

interestso whats

relationshipsall parties

position probing

demand help parties

orange left

common interests

wherethe parties subject

mutual recognition