Listening, Understanding, Responding. Has mediation taken on a whole new look?

1. KIDS FIRST
PARENT SECOND
“A NEW HOPE” OCTOBER 27TH, 2017

2. KIDS FIRST PARENTS SECOND
MISSION
“Helping Divorcing Families Become
Resilient”
PROVIDING SUPPORT TO CHILDREN
STRATEGIES AND RESOURCES TO PARENTS

3. The Focus of
RESTORATIVE JUSTICE
Repairing Harm and Restoring
Communication……

4. “RESTORATIVE JUSTICE”
SOLVE
PRESENT CONFLICT
AVOID
FUTURE CONFLICT

5. Best Model to
Apply Restorative
Justice
Model
MEDIATION
OF COURSE!

6. CAN A MEDIATORS STYLE EFFECT
PRESENT/FUTURE CONFLICT?

7. Since 2015: ABA, State of
Maryland Sought Answers…..

8. Mediator’s Role:
 Provide Solutions?
OR
 Allow Parties to Listen,
Respond and
Understand?

9. MEDIATORS ROLE:
Allow Parties to
Express
Feelings?
OR
Evaluate Parties
position?

10. Maryland Study…..

11. MEDIATOR STYLE – MD STUDY
Express Feelings Evaluate Position
“May” Resolve Present
Conflict
Little desire to repeat
process
Failed to Resolve
Future Conflict
Displeasure - Mediator
controlled
Little desire to repeat
process
Failed to Resolve
Future conflict

12. MEDIATOR STYLE – MD STUDY
Problem
Solving thru
Caucus
Listen
Understand
Respond
Part of Process
Desire to repeat process
Failed to Resolve
Future Conflict
Controlled Process
Managed Conflict
Succeeded
Resolving
Future conflict

13. MEDIATOR STYLE – MD STUDY
MAKING
PARTIES
Listen
Understand
Respond
MAKING
PARTIES
Active
Participants
In Process

14. AMERICAN BAR ASSOCIATION
2017
TASK FORCE ON MEDIATION

15. AMERICAN BAR ASSOCIATION
2017
THEY WEREN’T FINISHED!

16. Since 2015: ABA, State of
Maryland Sought Answers…..

17. In divorce mediation, settlement was not
related to mediators frequently
summarizing what the parties said or
trying to even out bargaining imbalances.
FINDINGS

18. FINDINGS
When mediators frequently summarized what disputants said during
divorce mediation, disputants in cases that settled thought the
mediation process was more fair, were more satisfied with the
outcome.

19. Disputants thought their dealings with the
other party about the children were more
likely to improve, and thought their
understanding of the other’s views, their
own needs, and their children’s needs had
improved.
FINDINGS

20. SUMMATION
THE
FOLLOWING
MEDIATOR
ACTIONS
APPEAR TO
BE
BENEFICIAL:

21. SUMMATION
1. ELICITING
DISPUTANTS’
SUGGESTIONS
OR SOLUTIONS

22. SUMMATION
2. GIVING
MORE
ATTENTION TO
DISPUTANTS’
EMOTIONS,
RELATIONSHIP,
AND SOURCES
OF CONFLICT;

23. SUMMATION
3.
WORKING TO
BUILD
TRUST
AND
RAPPORT

24. SUMMATION
4.
EXPRESSING EMPATHY
OR PRAISING THE
DISPUTANTS, AND
STRUCTURING THE
AGENDA

25. SUMMATION
5.
HOLDING
PRE-MEDIATION
CAUCUSES FOCUSED
ON ESTABLISHING
TRUST

26. SOUNDS A LOT LIKE COLLABORATIVE
TO ME!
BUT ITS
NOT

27. SIMILARITIES - DIFFERENCES

28. MEDIATION
does not
=
A Collaborative
Divorce
1. ALLOWS
FOR
CAUCUS
2. NO TEAM
OF
MHP’S
3. ALWAYS
OPTION
OF
GOING
TO
COURT!

29. MEDIATION
STYLES
1. PROBLEM
SOLVING
2. EVALUATIV
E
3. TRANSFOR
MATIVE

30. MEDIATION
STYLES
WHAT’S IN
YOUR
PACKET

31. MEDIATION
RETHINKING
TIMING
PREP
FREQUENC
Y

32. KIDS FIRST
PARENT SECOND
“A NEW HOPE” OCTOBER 27TH, 2017