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
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
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!
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