Dispute Mediation

negotiated making
govt officials negotiate the creation and enforcement of rules. (plan for future compliance)
resolving through power
going to war to resolve conflict
resolving through rights
legal way to resolve conflict
resolving through interest
mediation
positions
fixed outcome solutions (mediation)– resolving through interest
procedural interests
how we organize things
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substantive interests
time,goods,money
Litigation
alternative to court
arbitration
legally binding something with a third party
non-binding arbitration
party may use ruling as a suggestion in pursuit of another resolution
Med-Arb
start with mediation, if it fails switch to arbitration
ombudsman
hears complaints by citizen, see if a joint resolution can be reached, acts as a dual role of mediation and (binding) arbitrator
neutral
must be someone who is invested in well being of both parties
impartial
not favoring one type of agreement
interest based
aids disputants in identifying concerns that affect them and exploring the specific needs that must be addressed in any outcome
mirror neutrons
adapting over time (conversation) someones body positions (arm crossing) biologically programs us for empathy
conciliation approach
healing relationship
problem solving
just solving the problem
caucus
speak with them seperately
balanced approach
relationship and problem
phase 1 in balanced mediation model
opening statement
phase 2 in balanced mediation model
story telling
phase 3 in balanced mediation model
issue identification
phase 4 in balanced mediation model
establishing commonalities
phase 5 in balanced mediation model
agenda building
phase 6 in balanced mediation model
negotiation and problem solving
phase 7 in balanced mediation model
testing the agreement
phase 8 in balanced mediation model
writing the settlement agreement
phase 9 in balanced mediation model
closure
norm of reciprocity
problem in conflict, however, not where party listens to us but we listen to them, only after we listen do we want the other party to listen to us
empathetic listening
listening for understanding with goal of reflecting the perspective of the other party with out evaluation
validation
empathetic listening accompanied by the acknowledgement of the disputants concerns/feelings
reframing
validates disputant without slanted perspectives of facts
pure- content paraphrasing
mediator summarizes essence of facts that disputant relates
listening(types)
naturally good listeners
barriers of internal listening
125-250 per min (speaking) comprehending (500 wpm)
batna
best that can happen
watna
worst that can happen
fractionate
seperated
Communication accommodation theory
theory that all people adapt their behavior to others to some extent. (think of mirror neurons.)
listening for comprehension
receiving, understanding and remembering messages as accurately as possible
appreciative listening
Listening for pleasure or enjoyment
cold call
a sales visit without an appointment
principle of self determination
can both disputants function and make reasonable decisions. Ability to judge for themselves what is good and bad.
Mediator role as a listener 1
validate the emotions of the parties
mediator role as a listener 2
clarify important info
mediator role as a listener 3
helps parties explore, understand, articulate their interests
mediator role as a listener 4
summarize without reducing concerns
mediator role as a listener 5
make sure all parties have access to problem solving and decision making
mediator role as a listener 6
address power imbalances by encouraging lower party’s participation
mediator role as a listener 7
help party create a common story that integrates their unique perspective
pure content paraphrasing
paraphrasing only the content that has been said, no emotions of added information.
conflict essay: communication
humans are not always skilled at communication and often misperceive others intentions or behaviors
conflict essay: emotions
drive and sustain conflict
conflict essay: values
defend when they are threatened
conflict essay: structural conflict
continue to be a problem when they don’t go the way we want
conflict essay: history
always occur in context of past
Essay: facilitator
who makes communication possible
Essay: trainer
educated party about process
Essay: coach
helps parties talk to each other when appropriate
Essay: innovator
builds structure for creative thinking
Essay: catalyst
who has parties look at problem differently
Essay: role model
demonstrates what constructive communication skills are
Essay:power balancer
levels playing field
Essay:neutral third party
does not favor either disputant
Essay: impartial third party
no stake in outcome
Essay: face manager
helps settle with no undue embarrassement

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