MediationMediation

Mediation / Conciliation vs. ArbitrationMediation / 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.

Mediation TacticsMediation 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

When Does Mediation Work?When Does Mediation Work?

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

Things a Mediator Can Do...Things a Mediator Can Do... 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 NOT Do...Things a Mediator Can NOT Do...

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

The Mediation ProcessThe Mediation Process

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”

PreparationThe Mediation

Session Wrap-upMultiple Sessions

The Steps in Mediation SessionThe 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