The Pattern of Mediation [often] Recapitulates The Pattern of The Conflict For example, Start in purposeful and orderly manner. Certain things are said, remembered… Emotions, hostility, distress, even chaos… Can produce crisis, or decision to terminate.
Simple versus Complex Systems Simple Systems change state in direct response to external inputs; outcomes depend on the sequence and intensity of inputs. Complex Adaptive Systems can change state every moment regardless of inputs, they are non-linear, non-proportional, subject to escalation; as stable patterns form, outcomes emerge.
Start-Path-Destination Metaphors compared with Metaphors that describe Complex Dynamics …
Trying to map such conflicts can seem hopeless - no effective method. 8
By Defining 2 Outcomes in Mediation We Can Begin to Comprehend the Complexity 1 - Overt conflict. 2 - Understanding, cooperation, agreement. Now We Can 'Mind Map
Case S: A married couple is seeking mediation of their divorce; they have children who they both want to thrive (but they are young and are showing emotional stress). There is consumer debt, and equity in retirement accounts and home. Each of them is sad and feels like a failure in the marriage.
List Factors How does our knowledge of complex dynamical systems help? Here is a list of possible factors that can influence this mediation: Agreement to get a divorce. Sadness, feelings of inadequacy due to divorce. Believing that their young children will be happy and have a good life. How emotionally and developmentally vulnerable are the children? Complex marital finances are obstacles to be overcome.
Model the Case S Based on mind map to two mediation outcomes, and combined influence of multiple factors. Each factor can influence the model in 3 ways: (1)momentary + or - impact (2)longer-term positive interactions (3)longer-term negative interactions Simulation Simulation
Based on Experience With Simulation, Role Play Mediation of the Case Mediators now have overview of factors and a perspective on their relative influence. Can choose which factors to focus on. Forms an agenda based not only on client input, but on evaluation of which factors are most likely to be affected in mediation.