mediator training - module 3

8/18/2019 Mediator Training - Module 3

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On becoming a mediator

T H E O N L I N E P R O G R A MM O D U L E 3

PRESENTE D BY :


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The learning objectives

Preparing yourself and your co-mediators

Creating the space

Your opening remarks

Orient the participants to the process

Listen to each perspective: create the environment forcommunications and dialogue


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Preparing yourself co-mediators


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!o" does one prepare for mediation#

!ere are some initial steps to consider before beginning the

mediation process:http:$$pre%i&com$v'kel()augtr$the-mediation-session-part-*

+inimi%e all forms of stress

,evie" notes and information

llo" enough time for early setupCoordinate in advance "ith e.ternal resources

Confer "ith your co-mediators

/hen "orking as a team prepare enough to genuinely use

0"e0

http://prezi.com/v2kel93augtr/the-mediation-session-part-1http://prezi.com/v2kel93augtr/the-mediation-session-part-1http://prezi.com/v2kel93augtr/the-mediation-session-part-1


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1trategi%e "ith co-mediators

/hat to discuss: pace2 style2 philosophy2 models

/ho is going to take the lead#

re there signals you can use to s"itch mediators#

/hen is it okay to consult openly#

/hen do you need to discuss privately#


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Preparation is one key tosuccess

Fr o m t h e C i v i l M e d i t i o !C o " ! # i l :

3no" your case: Check to make sure you have allthe information you need

3no" the facts: There should not be any surprises

3no" the contested and legal issues: 4e preparedto discuss them all

3no" the strengths and "eaknesses of both sidesof the issue

http:$$"""&icae"&com$5$media$6iles$bout-7C8/$/hat-"e-do$resolving-disputes$mediation-the-key-to-resolving-dispute&pdf

http://www.icaew.com/~/media/Files/About-ICAEW/What-we-do/resolving-disputes/mediation-the-key-to-resolving-dispute.pdfhttp://www.icaew.com/~/media/Files/About-ICAEW/What-we-do/resolving-disputes/mediation-the-key-to-resolving-dispute.pdfhttp://www.icaew.com/~/media/Files/About-ICAEW/What-we-do/resolving-disputes/mediation-the-key-to-resolving-dispute.pdfhttp://www.icaew.com/~/media/Files/About-ICAEW/What-we-do/resolving-disputes/mediation-the-key-to-resolving-dispute.pdfhttp://www.icaew.com/~/media/Files/About-ICAEW/What-we-do/resolving-disputes/mediation-the-key-to-resolving-dispute.pdfhttp://www.icaew.com/~/media/Files/About-ICAEW/What-we-do/resolving-disputes/mediation-the-key-to-resolving-dispute.pdf


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1etting up the room

The 9mediation space is very important& 7t needs to be inviting2

comfortable2 some"hat formal2 accessible2 practical2 andprivate& /hich of these do you prefer#


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4ecome familiar "ith thespace The space is integral to the mediation process& The room needs to

be pleasant2 comfortable2 and appropriate to the process&/hat can the mediator do#

,,7;8 8,LY: This is especially important if youve never seen thespace in person& There may be someone on sta< "ho helps tofacilitate the use of the space& Check in "ith them&

Take time for this: 6ind the elevators2 e.its2 and bathrooms&


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Organi%e the room

8ase tensions bet"een participants by

enlisting

their help to set up the room&

=reat Tip:

1et up the furniture and >ip chartClear a"ay e.tra chairs

1et up a pitcher of "ater and glassesOrgani%e all materials: packets for

participants mediators notes

Prepare a "aiting area for separateconversations


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1eat yourself and the participants

The "ay people are arranged in a mediation room is another

important step& These tips "ill help you "ith the task:

Ever$o!e#! %ee

ever$o!eel%e& the

'ord ( the)i* #hrt

Mem'er% o+o!e *rt$

#! %it

to,ether

Seti!,%",,e%t%meditor

im*rtilit$

I+ there-% hi%tor$ o+ i!timidtio! orviole!#e& there %ho"ld 'e t'le

'et.ee! the *rtie%


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Can you create a positiveenvironment#

/hich of these rooms appeal to you#


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The opening summary ? setting atone

The opening summary sets the tone for the mediation2 and the

e.pectations& "elcome and a "arm-up

The logistics of the process

Orienting everyone to the process

8nsuring everyones interest in participating


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/hat to say ho" tosay it

!ere are t"o sample openings for a mediation& ,ead the documents

and then give some thought to these @uestions:http:$$sanantoniofeb&org$"p-content$uploads$'A**$A'$+ediators-+odel-Opening-1tatement&pdf

http:$$"""&adr&af&mil$shared$media$document$6B-AA'*'-AD*&pdf

*& Bo either of these appeal to you# =ive some thought to your reaction tothem&

'& Boes one seem more appealing than the other ? if so2 "hy#)& Boes anything seem missing to you#

E& Bo either one of these seem like an opening you "ould use as a mediator#

D& Bo you feel that either one is an e


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The opening and yourparticipants

Your opening comments "ill undoubtedly be taken very seriously by the

participants& They "ill also have some FunspokenG @uestions such asthese:

/ill the mediator really listen to me#

/hats going to happen2 and ho" am 7 supposed toparticipate#

/ill 7 be forced to give in#

/hat good is this# Can this mediator really help me#

Can this person really make those people believeanything#


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=reeting theparticipants

7f one party doesnt sho"2 do not discuss

any

substantive issues "ith the other party Take Hote:

Greet ll *rti#i*!t% '$ !meRe+ri! +rom %mll tl0 or

1#htti!,2Co!rm ever$o!e-% !me

,i!& i!#l"di!, the meditor%-Th!0 ever$o!e +or their

.illi!,!e%% to *rti#i*te !d%ho. "*


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/arming up

Ho. to 'e,i!# 1tart o< "ith an easy @uestionI ask the

participants something about themselves& The@uestion should be a non-contentious issue2 andnothing to do "ith the actual issues at hand&

4h$5 This "ill give you a sense of the participants&

4ht to do5 void allo"ing participants to slip into thecon>ict& 7f either side suggests they dont "ant to bethere2 let them kno" that it is voluntary& =entlysuggest they give it a try&


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Openingchecklist

Overall goal for the mediation+ediator role and conJdentiality

Participant role and conJdentiality4reaks

1eparate conversations/illingness to proceed


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Logistics of asession

,emind everyone of the time frame for the session

7f either side balks at the length2 suggest a check-in after a fe"hours to see ho" you have progressed

sk everyone to turn o< their cellphones2 or other devices

=ive information on facilities Ki&e& bathrooms

Take time to sign all necessary forms


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Orienting everyone to theprocess

The Jrst step is to conJrm the understanding of the process2 and

e.pectations of both sides&

8M+PL8:

“It’s my understanding that you’re here today because you want toclear the air, and outline each person’s roles and responsibilities

more specifcally. Is that right?”


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8.plain mediator conJdentiality

These are the aspects of mediator conJdentiality that should be

e.plained to the participants& ll information "ill be kept conJdential including terms of the

agreement

Hotes and records are conJdentialI e.plain "hat is kept anddiscarded

,e@uired reports: information given to referral source and the courts

+andatory reporting: anything that must be reported2 such as abuse

8.plain policy of not testifying2 or providing mediation documentsshould the case be litigated


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Openings for the participants

8ach participant speaks about their o"n

hopes and concerns8ach participant decides "hats importantfor them The mediatorKs listens for "hats ne" andimportant

The mediatorKs note ideas that could makethings better,evie" "hen and ho" attorneys andinterpreters may take part1hare all re@uired information


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4efore going for"ard

fe" additional items to check o< your list:

,emind participants that there "ill be no recordings orphotographs of any kind&

1ketch out the process2 remind them of conJdentiality&

Let everyone kno" that breaks can be arranged at any time&4e open to adjusting to the process&

sk if everyone is ready to move for"ard&


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Listening to eachperspective

fe" guidelines:

8.plain ho" the Fgo-roundG "orks

sk open-ended @uestions

1teer minimally2 if at all

4e protective of peoples speaking times

Check2 thank2 and move on to ne.t person


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The Fgo-roundG in mediation

One of the mediators responsibilities is to e.plain each step in theprocess& !ere is ho" to e.plain the Fgo-roundG:

8ach of you has a turn to speak

1ave all questions, comments & responses or later. /rite do"n

points you "ant to remember Try to notice anything thats ne" to you

sk and act as if everyone "ill respect the go-round

Ho need to set a time limit2 unless there are over E participants


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sk open-ended @uestions

sk "ho is "illing to go Jrst

1uggest participants to listen for anything ne"

sk your @uestions in a tone that suggests you are truly listeningto the participants


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!o" to steerminimally

The mediator creates a mood conducive to participants "hen

they truly listen,esist the urge to summari%e and re>ect until later

Let the "ords of the participants speak for themselves& Ho needto improve upon them in any "ay


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7f a speaker goes o< track

/hat can the mediator do in this situation#

Ste* i!: 1ummari%e2 then ask if they have covered all the issuesthey need to bring up&

Co!%ider %horter ,o6ro"!d%7 1ome people "ill have less of an

ability to summari%e their situation2 and$or feel the need toe.plain every detail& 1horter time frames can help&

Give +e. *rom*t%7 These should be short and to the point&“an you say a bit about the impact this has had on you?”


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Protect peoples speakingtime

7f anyone is having trouble listening2 then

@uietly ask them to hold back&Nse a "arm2 respectful tone and remindthem it can be a"k"ard to be asked tolisten&1uggest the participant speak to you rather

than the other participant&Cope "ith the a"k"ardness& 1ome people"ill have trouble listening no matter "hat&6ocus on the speaker&Proceed "ith the engagement2 if it feelsappropriate&7f a good >o" e.ists2 its time to movefor"ard8


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L8T1 =8T 7HT8,CT7;8

Pi#0 9 %te*% o! the *re*rtio! *ro#e%% !d e:*li! .h$

!d ho. the$ re #r"#il to *re*ri!, +or meditio!%e%%io!8


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8M8,C718 '

D"ri!, meditio!& *rti#i*!t% o+te! hve "!%*o0e! #o!#er!%8 O!e o+them i%;


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8M8,C718 )

Hame at least ) speciJc strategies the mediator can try

if one of the participants suggests they dont "ant tostay&


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8M8,C718 E

8.plain the purpose and process of the 9go-round&


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8M8,C718 D

Hame at least D speciJc steps the mediator takes to

ensure the right space$environment e.ists for themediation session&


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8M8,C718

Pick one strategy you "ould use if a participant goes o<

track in a session& 1tate "hy you "ould choose thisstrategy2 and ho" you "ould use it&


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L7TTL8 !N+ON,


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8nd Of +odule

Thank You 6or oining Ns

mediator training - module 3

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