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Mediation 3

The document outlines the six stages of the mediation process: 1) the mediator sets the stage, 2) parties tell their stories, 3) the mediator identifies and frames issues, 4) alternatives are generated, 5) parties select alternatives, and 6) an agreement is written. It also discusses ten principles of mediation ethics including impartiality, confidentiality, self-determination, and honesty. Finally, it notes that mediation can be used to resolve many types of disputes.

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Hashim Ahmad
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127 views20 pages

Mediation 3

The document outlines the six stages of the mediation process: 1) the mediator sets the stage, 2) parties tell their stories, 3) the mediator identifies and frames issues, 4) alternatives are generated, 5) parties select alternatives, and 6) an agreement is written. It also discusses ten principles of mediation ethics including impartiality, confidentiality, self-determination, and honesty. Finally, it notes that mediation can be used to resolve many types of disputes.

Uploaded by

Hashim Ahmad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Mediation In Conflict

Management
Prepared by: Brwa M.

1
Outline
➢Six stages in the mediation process
➢ Video about mediation in real life
➢Ten Principles of mediation ethics
What types of disputes can be mediated

2
3
Six Stages in the mediation process
1. Mediator Sets the Stage

2. Parties Tell Their Stories / Mediator Identifies Concerns

3. Mediator Identifies and Frames Issues, and Sets


Agenda for Negotiation

4. Mediator Assists in Generating Alternatives

5. Mediator Encourages Parties to Select Alternatives

6. Mediator Assists in Writing the Agreement and Ends 4


the Mediation
1. Mediator Sets the Stage

➢Identifies self and parties


➢ Explains purpose of the mediation
(here to help identify the issues , work
out a solution)
➢ Explains role of mediator (manage
the process, not going to take sides,
not going to figure it out for you)
➢ Explains confidentiality
➢Gives overview of process, including
time limits and possible use of caucus
➢ Sets ground rules 5
➢ Asks each part to agree to the process
➢ Asks for questions
2. Parties Tell Their Stories / Mediator Identifies Concerns

➢Actively listen to each party


➢ Clarifies with questions and restatements
➢ Asks questions in a neutral way
➢Helps determine and identify underlying issues
➢Use questions to establish specific behaviors
disputants connect to each issue
➢Validates parties’ efforts
➢ Paraphrases stories and checks to be sure parties’
concerns are identified
➢ Ensures that each party has a chance to speak
(balance the power) 6
➢Thanks each party for his/her contribution
3. Mediator Identifies and Frames Issues, and Sets
Agenda for Negotiation

➢ Selects from those issues that can be resolved in


the mediation
➢Clarifies areas of agreement and disagreement
➢ Helps disputants to hear each other’s perceptions
➢ Offers own perception of the issues
➢ Responds appropriately to disputants’ reactions
to mediator’s comments/decisions
➢ Helps disputants state what is important and
what they would like to have happen
➢ Suggests caucus if appropriate
➢ Notes that additional session(s) may be needed if
appropriate to the number of issues 7
➢ Determines which issue will be discussed first.
4. Mediator Assists in Generating Alternatives

➢Keeps focus on the needs and interests of the


parties
➢Uses a variety of techniques for generating a list
of possible options (get lots of ideas)Restates
and summarizes each alternative
➢Reminds parties of existing areas of agreement
➢ Moves parties on to other issues as appropriate
➢ Suggests caucus if appropriate
➢ Notes that additional session(s) may be needed
if appropriate to number of issues

8
5. Mediator Encourages Parties to Select Alternatives

➢ Checks the workability of alternatives with the parties


➢ Encourages selection of alternatives which appear to
be acceptable to both parties
➢ Encourages parties to issues so that they can
compromise and/or trade off, as needed and
appropriate
➢ Checks workability. Asks about specific details: Who,
what, when, where, how?
➢ Assists parties in planning implementation of
agreement
➢ Notes progress parties have made
➢ Suggests caucus if appropriate 9
➢ Discusses possibility of second session, if appropriate
6. Mediator Assists in Writing the Agreement and Ends
the Mediation

➢ Writes agreement that reflects as


much balance as possible between
parties
➢ Frames points of agreement that are
specific and concrete
➢Checks notes to be sure that no issues
were left out
➢ Congratulates the parties on their
efforts, whether or not they reached
an agreement
➢ Discusses appropriate referrals, as
needed 10
How mediation happen in real
life

https://www.youtube.com/watch?v=j6JEpg10pbw

11
What is ethics for mediators in
the process of mediation?

12
Ten Principles of Mediation Ethics
Ethic = What is wrong and right, What is the right thing to do in the
mediation process.

According to Boston Law Collaborative, there are ten ethical


principles to be considered in the mediation process
1- Conflict of interest
➢ Mediators must avoid serving in cases where they have a
direct personal professional, or financial interest in the outcome of
the dispute
➢ This duty becomes more complicated where the mediator’s
interest is indirect 13
2- Competence/professional role boundaries
➢Mediators have a duty to know the limits of their ability;
to avoid taking on assignments they are not equipped to
handle
➢Sometimes the parties want a mediator with subject
matter expertise (such as divorce) or a particular set of
process skills (such as multiparty public policy
negotiations)

3- Impartiality.
➢‘impartiality’ means unbiased, and fair to all parties
equally.
➢The duty to remain impartial throughout the mediation –
from beginning to end
➢If our feelings about the parties are such that we can no 14
longer be even-handed in our dealings with them, we
must withdraw from the case.
4- Voluntariness.
➢ parties must have the right at a
certain point to walk away from
the table.
➢ mediators should remind the
parties that any agreement they
reach must be a product of their
own free will,
➢ therefore they may withdraw
from the process if it is not
moving in the direction of an
agreement that they prefer to the
alternative
15
5- Confidentiality.

There are two aspects of the duty of


confidentiality
➢First, mediators must safeguard the
privacy and confidentiality of the
mediation process in relation to third
parties – i.e., those outside the
mediation

➢Second, when a mediator meets


separately with one of the parties, she
must maintain the confidentiality of
anything said in that private session
which that party does not want the 16
other party or parties to know
6- Do no harm

➢Mediators should avoid conducting the process


in a manner that harms the participants or
worsens the dispute

➢Some people suffer from emotional


disturbances that make mediation potentially
damaging psychologically; some people come
to mediation at a stage when they are not ready
to be there

➢Some people are willing and able to participate,


but the mediator handles the process in a way
that inflames the parties’ antagonism toward
17
each other rather than resolving it.
7- Self-determination
➢Party autonomy is one of the guiding
principles of mediation.
➢Supporting and encouraging the
parties in a mediation to make their
own decisions (both individually and
collectively) about the resolution of
the dispute, rather than imposing
the ideas of the mediator or others,
is fundamental to the process.
➢Mediators should also prevent one
party from dominating the other
parties in the mediation in a manner
that prevents them from being able 18
to make their own decisions.
8- Informed consent
➢mediators should make sure that the parties have
enough data to assess their options for settlement
and their alternatives to settlement
➢If the parties lack this information, the mediator
should talk to them about how they might obtain it.

9- Duties to third parties


➢Just as the mediator should do no harm to the
parties, she should also consider whether a
proposed settlement might harm others who are not
participating in the mediation
➢This is particularly important when the third parties
affected by a mediated settlement are children or
other vulnerable people (such as the elderly or
19
infirm)
10- Honesty.

➢their qualifications and prior experience


➢any fees that the parties will be charged for the mediation
➢any other aspect of the mediation which may affect their
willingness to participate in the process.
➢Honesty also means telling the truth when meeting
separately with the parties. For example, if Party A
confidentially discloses his “bottom line,” and Party B asks
the mediator if she knows the opponent’s bottom line, saying
“no” would be dishonest.

20

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