1. What’s In A Question? The Art and Science of Inquiry in Mediation Tracey Cairnie and John Settle

2. Reasons to Ask Questions Gather Information Gather Information Learn, teach & reflect Learn, teach & reflect Challenge assumptions Challenge assumptions Negotiate & resolve conflicts Negotiate & resolve conflicts Take charge & focus attention Take charge & focus attention Catalyze productive & accountable conversation & action Catalyze productive & accountable conversation & action Build & maintain relationships Build & maintain relationships Think clearly, critically & strategically Think clearly, critically & strategically Solve problems & make decisions Solve problems & make decisions Set & accomplish goals Set & accomplish goals Create & Innovate – open new possibilities Create & Innovate – open new possibilities

3. The Basics & Beyond “The solution [our] clients seek lies behind the door which could remain forever closed unless opened by the right question…” --The Art of the Question, Marilee C. Goldberg, Ph.D.

4. Socratic Questioning & Dialogue: Purposes Fostering awakening and curiosity Fostering awakening and curiosity Helping to deconstruct assumptions Helping to deconstruct assumptions Fostering discovery and creativity Fostering discovery and creativity -- A Safe Place for Dangerous Truths, Annette Simmons

5. Beware ! “By asking what seemed to be innocent questions, Franklin would draw people into making concessions that would gradually prove whatever point he was trying to assert. ‘I found this method the safest for myself and very embarrassing to those against whom I used it; therefore I took a delight in it’.... [Franklin used his Socratic method] to tailor for himself a persona that was less contentious and confrontational, which made him seem endearing and charming... or, to a small but vocal cadre of enemies, manipulative and conniving.” -- Benjamin Franklin – An American Life, Walter Isaacson, pg. 27

6. 8 Guiding Principles 1.Customize for context 2.Create inviting questions (relevant, challenging, honest) 3.Clarify assumptions 4.Ask with sensitivity 5.Pay attention to risk & anxiety 6.Maintain participant/observer stance 7.Consider “why” questions carefully 8.If in doubt, check it out -- Making Questions Work, Boulle et al.

7. Types of Open-ended Questions Explorative questions – opens new avenues/insights (Have you explored or thought of….?) Explorative questions – opens new avenues/insights (Have you explored or thought of….?) Affective questions – invites clients to share feelings about an issue (How do you feel about leaving your job?) Affective questions – invites clients to share feelings about an issue (How do you feel about leaving your job?) Reflective questions – encourages more exploration/elaboration (You said …., what do you think causes….) Reflective questions – encourages more exploration/elaboration (You said …., what do you think causes….) Probing questions - invite clients to go more deeply into a particular issue (describe…, explain… clarify…, elaborate, expand on…) Probing questions - invite clients to go more deeply into a particular issue (describe…, explain… clarify…, elaborate, expand on…)

8. Types of Open-ended Questions Fresh questions – challenges basic assumptions (What do you always… Has this ever been tried? How can this be different?) Fresh questions – challenges basic assumptions (What do you always… Has this ever been tried? How can this be different?) Questions that create connections – establish system perspective (What are the consequences of these actions) Questions that create connections – establish system perspective (What are the consequences of these actions) Analytical questions – examine cause & effects not just symptoms (Why has this happened?) Analytical questions – examine cause & effects not just symptoms (Why has this happened?) Clarifying questions – help free us from ambiguity (What specifically do you mean?) Clarifying questions – help free us from ambiguity (What specifically do you mean?)

9. Questioning in Narrative Mediation To help deconstruct peoples’ story-telling assumptions and styles, and their personal experiences and cultural contexts To help deconstruct peoples’ story-telling assumptions and styles, and their personal experiences and cultural contexts To help recognize the multiple story lines that people often are part of To help recognize the multiple story lines that people often are part of To help externalize the conversation to the situation rather than the people themselves To help externalize the conversation to the situation rather than the people themselves To access alternative, positive “stories of hope” To access alternative, positive “stories of hope” -- Practicing Narrative Mediation, Winslade/Monk

10. Prompting Narratives "What might we call this thing that we are dealing with -- a disagreement? a roadblock? or something else -- what would you call it?" "What might we call this thing that we are dealing with -- a disagreement? a roadblock? or something else -- what would you call it?" "You've mentioned the workplace here as like a 'family.' Does the word 'family' suggest some values about how you view your work that are important to you? Tell me about that...." "You've mentioned the workplace here as like a 'family.' Does the word 'family' suggest some values about how you view your work that are important to you? Tell me about that...." "You described what brought us here as 'unfair." Can you tell me a little more about what 'fairness' and 'unfairness' look like to you -- for example, can you describe a situation you've been in before that shows what you mean by 'fair?' " "You described what brought us here as 'unfair." Can you tell me a little more about what 'fairness' and 'unfairness' look like to you -- for example, can you describe a situation you've been in before that shows what you mean by 'fair?' "

11. Questions Related to “Choice Theory” (William Glasser) “What do you want? What have you done (or what are you doing) to get it? Is that working? If not, what might you do differently?” -- Making Money Talk, J. Anderson Little

12. Mediator as Actor “The mediator, like an actor, is totally involved with the dramatic environment – intellectually, physically, and emotionally or intuitively. The mediator needs a great comedian’s sense of timing, and stage presence to congeal dramatic moments that shift the focus of the parties ….” --Managing the Natural Energy of Conflict, Robert Benjamin

13. Notice how others respond to your question for example: look of surprise, fear, body tensing, angry retort, silence…

14. “The words that we choose to use are metaphors for concepts that define our attitudes, behavior, structure & concepts“ -- Leading with Questions, Michael Marquardt

15. Opening Questions What are the Embedded Assumptions How can I help you? How can I help you? What is the problem? What is the problem? What brings you here? What brings you here? What are your concerns today? What are your concerns today? What do you want to achieve in mediation? What do you want to achieve in mediation? How do you think we should go about resolving the problems? How do you think we should go about resolving the problems?

16. Opening Questions Identify Embedded Assumptions What is your hope for what might come of our session today? What decisions need to be made today? What decisions need to be made today? What are the history & facts in this situation as you see them? What are the history & facts in this situation as you see them? Tell me what happened & what effect it had on you? Tell me what happened & what effect it had on you? -- Mediation Skills & Technique, Laurence Boulle, et al, pg. 77 --The Art of the Question, Marilee Goldberg, pg. 46

17. What’s wrong? What’s wrong? Who’s to blame? Who’s to blame? How can I prove I’m right? How can I prove I’m right? How can I be in control How can I be in control Why bother? Why bother? What’s wrong? What’s wrong? Who’s to blame? Who’s to blame? How can I prove I’m right? How can I prove I’m right? How can I be in control How can I be in control Why bother? Why bother? What works? What works? What am I responsible for? What am I responsible for? What are the facts? What are the facts? What are my choices? What are my choices? What’s possible? What’s possible? What works? What works? What am I responsible for? What am I responsible for? What are the facts? What are the facts? What are my choices? What are my choices? What’s possible? What’s possible? Judger Learner -- Change Your Question, Change Your Life, Marilee Adams

18. Switching Questions Where would you rather be? Where would you rather be? How can you get there? How can you get there? What are the facts? What are the facts? How else can you think about this? How else can you think about this? What assumptions are you making? What assumptions are you making? Is this what you want to feel? Is this what you want to feel? Where would you rather be? Where would you rather be? How can you get there? How can you get there? What are the facts? What are the facts? How else can you think about this? How else can you think about this? What assumptions are you making? What assumptions are you making? Is this what you want to feel? Is this what you want to feel? -- Change Your Question, Change Your Life, Marilee Adams

20. Tracey Cairnie (tcairnie@corevisionllc.com) John Settle (nsettle@comcast.net) (nsettle@comcast.net) Contact Information