The Mediation Process How does the Mediation Process work?

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Presentation transcript:

The Mediation Process How does the Mediation Process work?

There are Six basic steps to a successful Mediation Process 1.Introductory Remarks: The Mediator will wait until all members of the both parties are present and then make introductions. Often, the mediator will outline the role of the participants and confirm his/her neutrality.

2.Statement of the problem by the parties: After the opening statement, the mediator will give each side the opportunity to tell their story. Always go first-be on the offensive!! This is an overview of the situation, not the recital of the facts! Remember, we are there to reach a settlement, not debate the issues.

3. Information gathering: The mediator may ask open ended questions to get the parties talking. This is intended to lessen hostility if it exists.

4.Problem Identification: The mediator will try to find common goals between the parties and move them toward settlement.

5.Bargaining and generating options: Both sides will have to lose in order to obtain a win/win result.

6.Reaching an agreement: Make sure that the settlement is agreed to by all the parties in the room. Before you leave the room, get the settlement in writing!!!! Get specific dates in the document.

Basic Mediation Skills There are three basic Mediation Skills 1. APPROPRIATE ASSERTIVNESS 2. MOVE PASS IMPASSE 3. ACTIVE LISTENING

1.Appropriate Assertiveness: Appropriate assertiveness is about being honest with yourself and others. Not allowing anyone to put words in your mouth.

Examples: Thanks for the suggestion, I will take it into consideration. No, I am busy on Friday-I would like to keep the original meeting date established. I understand what you are saying, but I do not agree with your point of view.

2.Move Past Impasse: Try to move from impasse into a Problem Solving Dialogue. Such as-is that something we need to pursue here, or is that on issue for another time and place. Stay on the topic! Ask if the other party will agree to concessions “In Principle”, then move on to the specifics.

3.Active Listening: Do not go on autopilot, being so biased on your position that you block out what the other party is trying to tell you. Active Listening: This is a communication skill, or technique, that requires the listener to understand, interpret, and evaluate what they hear.

Questions?