Mediation Exam 1 Sodid

Stage Four: Agreement / Outcome

- Specific agreements are sought - Parties sign agreement - Agreement should be positive, balanced, clear, realistic *Mediators do not sign this agreement (Outcome Agreement)

Benefits (Chapter 2: Mediation: An Overview)

BENEFITS OF MEDIATION: - Convenient - Builds durable results - Efficient - Effective (people support what they create) - Preventive - Preserves relationships or redefines them in a healthy way - Private and Confidential

Types of Mediation

Big M vs. little m Types: - Divorce and Family - Community - Victim-Offender - School-Based Peer - Organizational

Introduction (Stage 1) (Chapter 4: Basic Skills)

3 Primary Purposes: 1) to introduce the disputants to the mediators and to each other 2) to give an explanation of the process 3) to begin establishing trust Include: 1. Introduction of mediators and parties 2. Words of encouragement 3. Explanation of process and definitions of mediation and the mediator's role 4. Ground rules or communication guidelines 5. Confidentiality provisions 6. Caucus possibility 7. Signing the Agreement to Mediate 8. Asking for questions

Process Management 5 Characteristics of Constructive Mediation (Chapter 3: A Mediation System)

Mediation ingredients Salsa Metaphor: - encounter some spicy hot peppers, tangy lime juice, and tasty herbs - main ingredient: Tomatoes represent the "process" in mediation -attention to the "how" of a conflict management environment, as well as "what" - "how" is discussing methods for communicating, making decisions, exploring differences, deliberating options, and agreeing on next steps - "How should we address this issue?" Questions and Statements such as: - How should we have the discussion? - Who needs to be involved? - Where and when should we address this issue? - How much time should we set aside for the meeting? - Do we need someone to direct the process? A facilitator? - How should we create an agenda? Do we have goals or objectives? - What communication guidelines or ground rules do we need? - What resources do we need? A flip chart? Lunch? Other reports, books, or information? trustworthy map to follow

Role of the Mediator (Chapter 2: Mediation: An Overview)

ROLE OF MEDIATOR: - A facilitator - Impartial - Offers Empowerment - Face Manager - Role Model FIEFR Faciliator Impartial Empowerment Face Manager Role Model

Tools for Deliberation (Chapter 4: Basic Skills)

Yes, No, Interesting (means of vote for options generated) Concerns-Visions-Actions (CVA Model) 1st have parties talk about concerns 2nd have parties talk about their vision for the future 3rd have talk about what actions they could use to achieve their visions

Power Management 5 Characteristics of Constructive Mediation (Chapter 3: A Mediation System)

- manage power so not win/lose - all participants can contribute and be empowered - NO imbalance of power - power is relational - mediation is a nonjudgmental forum where relational dependencies can be minimized - parties viewed equally

Definition of Conflict

*Conflict:* an expressed struggle between at least two interdependent parties who perceive incompatible goals, scarce resources, and interference from others in achieving their goals *Expressed struggle:* - conflict parties are aware of - communicated between people *Interdependent parties:* - dependent on each other - their relationship necessitates communication, and their differences produce conflict *Incompatible goals:* - goal is different from each other - more time together vs. more time apart - goals don't fit - usually seems that there will be a winner and loser *Scarce resources:* - a limit to something such as time, energy, and money - when there aren't enough to go around, conflict occurs *Interference from others:* - each person believes the other will interfere with them getting what they want *Manifest Conflict:* is out in the open and clearly seen or heard *Latent Conflict:* exists when people avoid the issue and do not make their discomfort or displeasure apparent; often more intrapersonal (within oneself) as the individual struggles with a situation while avoiding bringing it into the open; expression of this conflict may be internal but have external manifestations

FACE

*Face:* the image of ourselves that we want to maintain in public *Maintaining face:* when trying to preserve one's image as respected, competent, and/or trustworthy *Saving face:* 'What one does' when one's image has been attacked. Can be done by shifting attention away from the attack, changing the subject, minimizing the issue, or joking about the issue *Attacking face:* Making the other seem distrustful or unworthy of respect *Supporting face:* Meeting the 'face' needs of others

Definition of Mediation

*Mediation* is a process where parties are encouraged to make clear, deliberate choices while acknowledging the perspective of the other. In this process, a mutually acceptable agreement is one possible outcome. - book page 32 *Mediation* is an informed agreement that will stick.

TRIP Goals

*Topic:* - What do I want in this conflict? *Relationship:* - Who are we to each other? - How do I want to be treated? - How much interdependence should we have? - Inclusion, Affection, Control *Identity:* - Who am I in this interaction? - How can my identity be protected? - How might my identity be repaired? - Competent, likeable, responsible, trustworthy, best friend, logical, enthusiastic, well-organized, reliable, friendly, expert, leader *Process:* - What communication process would work best in this conflict? - Equal talk-time, informal talk, formal process, consensus, voting, high authority person decides, allowing children to, or not to, participate, allowing residents, third-parties, to participate

Stage Three: Problem Solving

- Create an agenda *Agenda:* 1) Ad hoc - one party or the other suggests an item, and the item is discussed in its entirety 2)Simple Agenda - an agenda is created before the mediation and followed one item at a time 3) Alternating choices of items - parties alternate who chooses the topic 4) Rank order of importance - parties pick one or two most important items to each of them 5) Principled Agenda - general level of agreement that guides discussion on specific items --- the mediator helps create a set of general principles that will guide the shape of the final settlement 6) Less difficult items first - when you get agreement on those, move to more difficult ones 7) Building block - decide what items must be decided first, laying the groundwork for later decisions 8) Trade-offs or packaging - negotiate more than one issue at a time. Parties link issues and offers in return for concessions from other parties - Parties brainstorm solutions to issues --- rules of brainstorming: 1. suspend judgement 2. no idea is too wild 3. list as many ideas as possible 4. It is OK to add on to someone else's suggestion (collaboration and adaption) - Common interests are sought --- creativity is important - Options are evaluated - Solutions are formulated

Storytelling (Stage 2) (Chapter 4: Basic Skills)

- Information gathering or fact finding - tell us what brought you to mediation - what is the problem you are confronting - descibe what you feel is happening --- not accuse or confront Mediator must watch and listen carefully - treat each story with respect even if contradictory - allow 5 to 10 minutes for each party - encourage if not saying much: --- what happened next --- how did that make you feel --- tell me more about what happened Must share whole story to feel comfortable moving forward Mediator should: - listen actively - use restating (paraphrase or repeat exact) - use summarizing - ask questions to get more info --- closed questions (yes/no) for clarification after summarizing or restating --- open questions for more info - reframing to idenfity commonalities, increase or decrease level of emotion, and bring out interests beneath the positions - reflecting to bring attention to feelings - acknowledge and validate the parties neutrally by commending them for their efforts and confirming that they have been heard

Stage Two: Storytelling / Sharing

- Let parties decide who goes first (mediator don't pick or affect neutrality) - Each party shares their concerns "Tell is why you're here" - Mediators listen - Mediators summarize and paraphrase --- to clarify understanding; so they know you understand - Mediators ask clarifying questions to help determine what key issues are - Problems are grouped into related categories for each party

Stage One: Introduction

- Welcome them - Thank and congratulate them for coming to mediation: "I know this is difficult" Introduction Checklist: 1. *Welcome and Introductions* 2. *State purpose of session, acknowledge their intention* 3. *State how the session will proceed* a. Share (tell what is bothering you) b. Help agree on issues (problem solving) c. Examine possible solutions (problem solving) d. Goal is reach agreement 4. *Clarify Mediator's Role* (I'm not making decision for you) a. Facilitate process b. Help reach decision c. Not determine right/wrong 5. *Confidentiality* a. Mediator holds confidential b. Except mandated reporting c. What do they want to do regarding confidentiality 6. *Breaks/Caucuses* a. Disputants may request b. Mediators may request c. Mediators may need to hold caucus 7. *Ground Rules* a. Listen b. No interruptions c. Be Respectful d. Confidentiality 8. *Review agreement to mediate* WPPCCBGA White People Pressure Children Closer But Get Arrested

Understanding Conflict (Chapter 1: Conflict Management)

- negative connotation for conflict - many conflicts remain negative because individuals do not have the tools to channel differences in a positive direction --- mediation process offers a channel for learning and implementing the communication skills necessary for this movement to occur - Chinese symbol for "crisis" has two components "danger" and "opportunity" --- conflict can be dangerous when our needs are threatened and our desires aren't realized--yet an opportunity exists to clarify issues and feelings while taking a step to prevent future conflicts

Collaborative Communication 5 Characteristics of Constructive Mediation (Chapter 3: A Mediation System)

- win/win - build mutually satisfactory solution - both sides attempting to satisfy both their own interests and those of the other party - uses more time and energy In a collaborative environment participants: - have shared goals or priorities - rely on each other for achievement of these goals or priorities - assert their own position without demeaning the position of the other - commit to processes in which all the appropriate people participate - show concern for work goals as well as relational goals

Four Key Assumptions behind Mediation

1) *Voluntariness:* a. voluntary to participate and can leave @ anytime b. decisions are voluntarily agreed upon 2) *Neutrality:* neither side can feel judged ex. unbiased, impartial, not taking sides, Switzerland 3) *Confidentiality:* required so parties feel free to express their concerns thoroughly 4) *Client-controlled outcome:* a. define problems they face b. identify areas of agreement

5 Characteristics of Constructive Mediation (Chapter 3: A Mediation System)

1) Collaborative Communication 2) Power Management 3) Process Management 4) Face Management 5) Safe Environment CCAPMAPMAFMASE Creepy cats, and Pet mice, and Pet moose, and fat mallards, at safe environment

Four Stages of Interest-Based Mediation

1) Orientation / Introduction 2) Sharing / Storytelling 3) Problem Solving / Option Generation 4) Outcome / Agreement BOOK: 1) Introduction 2) Storytelling 3) Problem Solving 4) Resolution ISPR

Conflict Style Dimensions (in notes)

Competition Collaborating / Integrating - resolves the underlying issues of conflict, rather than just getting by for now as in compromise Compromise - give and take - each person gives in - don't each get what they want - "agreement reached through mutual concession" - can get you past conflict, FOR NOW Avoidance Accomodating MODEL IS OVERLY SIMPLISTIC and does not account for every situation

When Mediation Is Effective (Chapter 2: Mediation: An Overview)

Components Most Likely Satisfy Parties: - previous history of cooperation - no long history of dispute, distrust, or litigation - a workable number of issues in the dispute - moderate or low hostility toward each other - external pressure to settle (facing time constraints) - limited psychological attachment to each other - adequate resources that can be divided Mediation effective when all parties conscious of the goals; a goal of resolution - resolution may be broad, such as being heard or job security Goal of process is to support the negotiation between the disputants as they move toward resolution Goal of mediator is to set guidelines that provide safety and balance for the parties involved and to assist each party in understanding one another

Managing Conflict (Chapter 1: Conflict Management)

Conflict destructive or constructive depending on how we use communication tools - tools to encourage effective communication: active listening, reflecting, reframing, attentive nonverbal behavior, perception checking, Five Strategies: 1) Avoidance 2) Accommodation 3) Competition 4) Compromise 5) Collaboration

Mediation as a Transformative Process (Chapter 1: Conflict Management)

Conflict management implies an ongoing concern--both for the individual conflict situation and the larger situation in which it occurs Conflict management creates an environment that may effectively diagnose, work through, and perhaps prevent future conflicts People change during conflict management process, they develop positive capabilities to deal with differences and challenges *"Transformative" approach* suggests that if we empower parties to define issues and settlement terms for themselves, they can better understand each other's perspectives and can create more genuine solutions to their problems - goal not only to have a conflict resolution, but also to transform the parties through mediation process that uses the following definitions: --- *Empowerment:* strengthened self-awareness --- *Recognition:* expanded willingness to acknowledge and be responsive to other parties' situations and human qualities A successful mediation means: 1) parties have been made aware of the opportunities presented during the mediation for both empowerment and recognition 2) parties have been helped to clarify goals, options, and resources, and then to make informed, deliberate, and free choices regarding how to proceed at every decision point 3) parties have been helped to give recognition wherever it was their decision to do so

Resolving Disputes (Chapter 1: Conflict Management)

Direct, facilitated, or adjudicated And Settlement-oriented or relationship-oriented Direct Methods: - *Representative Negotiation*: settlement-oriented in law with attorneys through legal system - *Personal Negotiation*: relationship-oriented in daily life without representative as when married couples negotiate together Facilitated Methods: - *Settlement Facilitation*: settlement-oriented with assistance of outside party; a process in which a third party works exclusively to achieve an agreement between the disputants; seen in legal system; unconcerned with relational issues --- biggest concern is reach agreement - *Mediation*: relationship-oriented with assistance of outside party; occurs when a neutral third party facilitates a conversation in which disputants share their stories, discuss their differences, identify areas of agreement, and test options with a possible outcome of a mutually acceptable resolution; focus on relational issues; create their own solutions --- biggest concern is empowering the parties Adjudicative Methods: *Adjudication*: a process which an authority makes a decisions between 2 or more cases based on argumentation - *Arbitration*: settlement-oriented; privately arranged process in which an arbitrator (or panel of arbitrators) listens to arguments, reads submitted materials, and makes a determination in favor of one side or the other; stipulated in some sort of contract; binding or nonbinding - *Trial*: settlement-oriented; ultimate settlement forum within the legal system; by judge or jury; public rather than private - no relational-oriented means that is adjudicative but Navajo Peacemaker Court comes close Choose method based on Argument vs. Dialogue

Face Management 5 Characteristics of Constructive Mediation (Chapter 3: A Mediation System)

In conflict situation, a person's identity or FACE, can become vulnerable or threatened When face issues not addressed, destructive cycles occur - face issues distract from real issues Mediator must use tools to maintain face of both parties by: - redirect attention to issue by removing words that attack face from restatement of problem - reframing Face management occurs when people acknowledge and validate disputants Dealing with relationship issues separately and then viewing a shared problem that the disputants can resolve together, all parties can begin to see their commonalities Minimizing differences and search for commonalities

Problem-Solving (Stage 3) (Chapter 4: Basic Skills)

In problem-solving stage the dispute will be clearly defined, sort through the issues so parties interests explored and moved away from positions. Next agenda set and options generated and evaluated. Four Components: 1) Separate the people from the problem 2) Focus on interests, not positions 3) Invent options for mutual gain (expand the pie) 4) Insist on using objective criteria Issue Framing Agenda Setting Option Generation

Safe Environment 5 Characteristics of Constructive Mediation (Chapter 3: A Mediation System)

Mediation requires environment where parties feel safe where they can explore differences productively and without threat. Example: ground rule of only talking about future not past Parties can see positions and perspectives of other party while also feeling comfortable sharing their own Free expression Communication Guidelines discussed that create comfortable and safe environment Parties can trust the process When can contribute w/o threat, more creative in problem solving and generating options for resolution

Resolution (Stage 4) (Chapter 4: Basic Skills)

Option exploration at least revealed commonalities, or ideally compatible solutions More questions for agreement-writing stage: - how do we make a resolution incorparating the options you chose - make sure parties agreeing throughout by asking for clarification etc, is this realistic - get the details, times and dates etc, specific so it can be followed - stop mediation if both parties not really agreeing to it Finally handing out copies of agreement, handshakes, and last commendations for choosing mediation After, debrief with other mediators concerning session

Types of Mediation (Chapter 2: Mediation: An Overview)

TYPES OF MEDIATION: - Court-connected mediation programs - Victim-offender mediation - Family mediation - Church mediation - School conflict management programs - Workplace mediation - Land use issues - Environmental problems - International disputes

Types of Conflict

Types of Conflict: - Relationship - Data - Interest - Structural - Value 3 General Types: Intrapersonal Conflict Interpersonal Conflict Intergroup Conflict

Definitions of Conflict

manual pg. 6 Conflict is the interaction of interdependent people who perceive incompatibility and the possibility of interference from others, as a result of this incompatibility Conflict is the state of being challenged by human differences... We experience conflict when differences matter and are potentially problematic to us See also pg. 6 - Conflict as a social opposition - Conflict as a clash of goals - Conflict as antagonism