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Mediation

Mediation. Mediation / Conciliation vs. Arbitration. Mediation / Conciliation Process where a third party intervenes. By invitation of the parties involved in dispute (contractual) or otherwise (emergent). Attempt to secure a voluntary adjustment of the difficulties. Arbitration

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Mediation

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  1. Mediation

  2. Mediation / Conciliation vs. Arbitration • Mediation / Conciliation • Process where a third party intervenes. • By invitation of the parties involved in dispute (contractual) or otherwise (emergent). • Attempt to secure a voluntary adjustment of the difficulties. • Arbitration • Third party acts as judge, referee, & umpire. • Third party hands down a decision.

  3. Mediation Tactics • Structuring physical and social structure • Manipulate site neutrality and openness, encouraging secrecy, separating the parties if unable to be rational • Modifying issue and alternative structure • Identify real issues, reframe, sequence them optimally, challenge parties to invent options • Stimulating disputant motivation to reach agreement • Show stalemate and be optimistic about outcome. Set deadlines and urge parties to concede

  4. Disputants perceive stalemate and are optimistic about the outcome, negotiation failed The parties want a resolution, or at least a change. All the important stakeholders come to the table. The parties are (eventually) able to express the reasons for their discomfort and distress. The mediator is able to control and sustain the process. The parties are capable of living up to their promises. Not if: Issues of principle are involved Internal discord within one or both parties Severe structural changes When Does Mediation Work?

  5. Separate emotion from fact, wishes from reality Suggest realistic expectations. Invite both parties to talk. Listen to both sides without anger. Pass information between parties. Stimulate mutually beneficial creative thinking. Suggest compromise positions and conclusions that either party alone would be afraid to propose for fear of weakening its bargaining position. Things a Mediator Can Do...

  6. Sell new ideas to each side more easily than if each side proposed the idea. Cause buyer and seller to ask “What decision do I want my opponent to make and what must I do to help him or her make that decision?” Impose a solution Things a Mediator Can NOT Do...

  7. Mediation is any process for resolving disputes in which another person helps the parties negotiate a settlement. “The problem is their responsibility.The process is yours.” “Trust the process” The Mediation Process The Mediation Session Multiple Sessions Preparation Wrap-up

  8. The Steps in Mediation Session • Stabilize the setting • Introduce and explain—opening statement • Calm them • Help the parties communicate • Parties tell their view of the problem (uninterrupted) • What they want, ID problem • Help the parties negotiate • Generate and evaluate alternatives • Select alternative, resolve problem • Clarify their agreement • Summarize terms, Establish follow up meeting

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