9.7: How to use mediation Flashcards
What is the purpose of using mediation in conflict resolution?
Mediation helps create discipline and focus to resolve a dispute when negotiation has failed.
What is a mediator?
A mediator is a third party who helps people in conflict reach an amicable agreement.
When is a mediator typically needed?
When there is a lack of trust between parties that makes negotiation ineffective.
What is necessary for mediation to work effectively?
Both parties must feel that there will be fairness and justice in the resolution.
What are common nonbusiness settings where mediation is used?
Divorce and child custody cases
Interpersonal arguments (e.g., roommates, friends, family)
School/university disputes (e.g., peer mediation)
Criminal cases (minor nonviolent crimes)
Community disputes (e.g., land use, zoning, nuisance complaints)
What are the goals of mediation in both business and nonbusiness settings?
To provide structured dispute resolution
Give parties more control over the outcome
Reduce court burdens
Offer a cost-effective alternative to litigation
What is the most relevant form of mediation in business settings?
Workplace mediation.
What are examples of mediation cases in business settings?
Collective bargaining (labor vs. management)
Contract disagreements
Insurance claims
Real estate disputes
Landlord-tenant issues
Consumer-merchant and borrower-lender disputes
What does workplace mediation often address?
Problems between business partners, co-workers, or supervisors and employees, with the goal of correcting problems and continuing productive relationships.
What is your role when engaged in workplace disputes?
Understand the mediation process and use it to help others resolve conflicts or to play a constructive role yourself.
What is the first step for an effective mediator?
Convincing the parties to trust the mediator, the process, and eventually each other.
List key actions a mediator can take to build trust.
Choose a neutral, comfortable space
Schedule short, minimal-involvement meetings
Listen with an open mind and say little
Be respectful and express only positive opinions
Show a desire to help without picking sides
Assure confidentiality
Be a role model and stay on task
How can trust in the process be fostered early on?
Focus on procedural matters like meeting location and discussion rules to build small agreements that create momentum.
What are four traits of an effective mediator?
Persistent in learning and applying facts
Frames disputes into real issues
Maintains neutrality
Understands underlying interests of both parties
What are the four major steps in the mediation process?
Stabilize the setting
Help the parties communicate
Help the parties negotiate
Clarify the agreement
What are the steps for stabilizing the mediation setting?
Greet the parties
Indicate where each should sit
Identify everyone by name
State the mediation’s purpose
Confirm your neutrality
Get their commitment to proceed
Ensure only one party speaks at a time
Ensure parties speak to the mediator, not directly to each other
What are the steps for helping parties communicate?
Reassure them of uninterrupted time
Ask one party to explain the situation
Take notes and respond actively
Clarify statements
Focus on the issues
Summarize the story to confirm understanding
Thank the first speaker
Repeat steps for the second speaker
Ask both to clarify the major issues afterward
How should you help parties negotiate?
Check each alternative’s workability
Suggest alternatives during impasses
Recap progress to show success is possible
Recommend a break or second session if needed
Encourage selection of the most workable option
What should you do to clarify the agreement?
Summarize agreement terms
Ensure both parties understand
State each party’s role
Emphasize the agreement is for them, not the mediator
Congratulate them on their resolution and reasonableness
