1. The Mediation Mindset
David King FCCA ATII

2. How does Mediation Work?

3. Definition
•A Voluntary
•Process by which
•The parties to a dispute are
•Assisted by
•An independent
•Third party

5. The Mediation Concept
•
•Confidential
•Without prejudice
•Only binding when both parties agree
•Helps the parties find their own solutions

6. Essential Mediator Attributes
•Independent
•Unbiased
•Non-judgmental
•Assists the parties to find different solutions
•Evens out power inequalities
•Acts as a neutral go-between

7. Outline of a “Typical” Mediation
Opening Statements
Series of individual private meetings
Explore and convey options and offers
Conclude

8. Mediation……
•Concentrates on issues not personalities
•Has no winners and losers – combined agreement
•Very flexible
•Allows different options to be floated and explored
•Does not impose solutions

9. Mediation…….
•Offers solutions arrived at by the participants
•Gives the power to the parties rather than to an outsider

10. Mediation…….
Can be creative
•
•
•
Solutions can be something that no-one has previously
thought of!

11. Why use a Mediator?
•Independent - so no pre-conceived ideas
•Neutral – good foil for ideas and suggestions
•Different perspective – “wood for the trees”
•Active listener

12. Mediation Outcomes can often be very effective
because…..
•The solutions are arrived at by the parties not a judge/jury
and more buy in
•Can be as flexible as imagination and reality allows
•Can encourage a continuing relationship between parties

13. Court Action
Can be:
Expensive
Inflexible
Governed by others
Tends towards “winners” and
“losers”

14. Mediation
Can be:
Cost effective
Quick
Collaborative
Can foster
continuation

15. When does the Mediation Approach not work?
•When both “sides” are convinced they are 100% correct
•When the process is entered into with closed minds
•When one party feels that they want someone/thing to
blame for the outcome
•Obsession with winning at all costs!

16. Around 80% of Mediations settle

17. Where can Mediation be used?
• Formal disputes as an alternative to court
• Employment issues
• Tax disputes
• Family disputes
• Planning disputes
• Partnership issues
• Shareholder disputes
• Internal divisions
• Almost anywhere that there are two “disputing” parties

18. So what is the Mediation Mindset?
• Non judgmental
• Active listening
• Defusing difficult situations
• Easing deadlock
• Getting past Positions to Interests and Needs
• Open minded
• Creative
• Concentrates on moving things forward
• Analyses alternatives (BATNAs and WATNAs)

19. Techniques
Getting past “No” by William Ury
Don’t react – Go to the Balcony
Disarm them – Step to their side
Change the Game – Re-frame

20. Six Thinking Hats – Dr. Edward de Bono
•WhiteWhite – Objective and gives data
•RedRed – Emotional reaction
•GreenGreen – Creative
•YellowYellow – Positive opportunities and advantages
•BlackBlack – Risks and downsides
•BlueBlue – Where we are now and where we are going

21. Stages
1. Get the Story
2. Deconstruct and clarify
3. Shake things about to open minds
4. Imagine a conflict-free future
5. Generate and road-test realistic options

22. Remember that Mediation is:-
•Not destructive
•Often cost-effective and quick
•Creative
•Builds bridges
•Professional and considerate to all
•Gives rise to self-generated solutions
•Can be applied in varying scenarios

23. Taking this further
David King
Guymer King Ltd
01449 700475
07917 472726
david@guymer-king.co.uk
www.clerksroom.co.uk
www.mediation-1st.co.uk