Fundamentals of Mediation

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Mediation is a process of resolving conflict such that both sides come away winners. Here's how...

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  • www.yoursocialworker.com Gary Direnfeld, MSW, RSW
  • www.yoursocialworker.com Gary Direnfeld, MSW, RSW
  • Fundamentals of Mediation

    1. 1. Politics of CooperationThis workshop will focus on moving from "position to interest" tohelp persons in conflict reach that elusive win/win. Gary Direnfeld, MSW, RSW www.yoursocialworker.com
    2. 2. Agenda – Oh yes, there is always an agenda… Who’s who? What are we really talking about? What’s involved? How do we do it? What’s it like? What did we learn? Goal: This workshop will improve participants mediation skills by developing their ability to move clients from their respective positions to common interests. www.yoursocialworker.com
    3. 3. What we are really talking about ismediation…A process for achieving resolution between parties subject to a dispute with the aid of an impartial/neutral third party, where the third party has no authority to impose a resolution and where the parties subject to the dispute accept the resolution voluntarily. www.yoursocialworker.com
    4. 4. Types of Mediation Transformative Evaluative Facilitative/Interest Based www.yoursocialworker.com
    5. 5. TransformativeEmpowerment and mutual recognition over resolutionSettlement is less the goal than the parties recognizing one and other’s needs and issues.Theoretically or paradoxically, settlement may thus occur when not the focus.(Sounds Rogerian in design) www.yoursocialworker.com
    6. 6. EvaluativeRespective positions are heard and assessed by mediator who then advises on likely outcomes with the view of reaching a settlement. www.yoursocialworker.com
    7. 7. Facilitative/Interest Based Seeks a mutually acceptable outcome May provide advice Active listening important Self-determination important Meeting mutual interests over exclusive positions is key www.yoursocialworker.com
    8. 8. Safety First www.yoursocialworker.com
    9. 9. Domestic ViolenceCan a party who is scared or intimidated or threatened negotiate or be said to enjoy self- determination?Screening for domestic violence and power imbalances… www.yoursocialworker.com
    10. 10. Setting Ground Rules www.yoursocialworker.com
    11. 11. Ground Rules:You are in charge of your life.I am in charge of the mediation process! Role of the mediator Reasonable/respectable tone. Appropriate language Appropriate behaviour Stop when asked Breaks Caucus Refreshments www.yoursocialworker.com
    12. 12. Mediator’s Role Helping parties communicate better by detoxifying their language with each other Assisting parties to identify separate and mutual interests Helping parties investigate what is really important behind a particular demand or position Probing for specific information that might help explain or otherwise analyze a demand Help parties determine what will be gained by reaching an agreement Keeps the process moving and manages impasses www.yoursocialworker.com
    13. 13. PrinciplesFocuses on issues; not personalitiesFocuses on interests; not positionsCreates options to satisfy both mutual and separate interestsEvaluates options according to standards; not power www.yoursocialworker.com
    14. 14. AssumptionsCommunication enhances relationshipsAll parties receive benefitsEach party should help the otherOpen discussion expands interests and optionsStandards replace powerAnger / frustration / anxiety is defused www.yoursocialworker.com
    15. 15. Steps1. Identify the issue2. Discuss all interests3. Generate options4. Select standards to evaluate options5. Evaluate options using standards6. Develop solution and capture in writing www.yoursocialworker.com
    16. 16. Managing Impasse or How ToMotivate Movement Breaks Caucus Obtain more information Slow the process down Consultation (bring in the tribal elder) What if? www.yoursocialworker.com
    17. 17. What the #*&@!BATNA ◦ Best alternative to a negotiated agreementWATNA ◦ Worst alternative to a negotiated alternativeMLANTA ◦ Most likely alternative to a negotiated alternative www.yoursocialworker.com
    18. 18. Position vs. InterestSo what’s the difference? There was once only one orange left in a kitchen and two prominent chefs were fighting over it. "I need that orange !" "Yes, but I need that orange as well !" www.yoursocialworker.com
    19. 19. Position vs. InterestSo what’s the difference? Time was running out and they both needed an orange to finish their particular recipes for the Presidents dinner. They decided on a compromise: they grabbed one of the large kitchen knives that was lying around, split the orange in half, and each went to his corner to finish preparing his meal. www.yoursocialworker.com
    20. 20. Position vs. InterestSo what’s the difference? One chef squeezed the juice from the orange and poured it into the special sauce he was making. It wasnt quite enough, but it would have to do. The other grated the peel and stirred the scrapings into the batter for his famous cake. He too didnt have as much as he would have liked, but given the situation, what else could he have done ? www.yoursocialworker.com
    21. 21. Position vs. InterestSo what’s the difference? The better solution may seem obvious to you now: both chefs would have been better off if they had peeled the orange and had simply taken the part they needed. Instead, the chefs had focused on each others position (the what) and not on each others interest (the why). http://web.mit.edu/negotiation/www/NBivsp.html www.yoursocialworker.com
    22. 22. Compromise vs. Prioritize:What’s the difference in negotiations?Compromise Prioritize ◦ Lose to win ◦ Play to what’s important ◦ Give something up ◦ Not giving anything up ◦ Feel like you’ve lost ◦ Feel accomplished something www.yoursocialworker.com
    23. 23. Role Play www.yoursocialworker.com
    24. 24. Lessons Learned? www.yoursocialworker.com
    25. 25. Agenda – Oh yes, there is always an agenda… Who’s who? What are we really talking about? What’s involved? How do we do it? What’s it like? How did it work? What did you learn? Goal: This workshop will improve participants mediation skills by developing their ability to move clients from their respective positions to common interests. www.yoursocialworker.com
    26. 26. Politics of CooperationThis workshop will focus on moving from "position to interest" tohelp persons in conflict reach that elusive win/win. Gary Direnfeld, MSW, RSW www.yoursocialworker.com

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