Mediation Flashcards
Why should you avoid mediation?
Hostile mediator bias: both parties tend to report afterward the mediator was unfair
When should you mediate?
Parties unable to communicate civilly
Two parties Can’t find a positive bargaining zone
One party has to save face
You have specific expertise
Self serving bias
We give ourselves too much benefit of the doubt (eg all Stsnford students think they are more honest than avg, considerate, etc etc)
How do you enhance perspective taking
Decrease distance
Unpack contributions (clarify specific contributions)
Get parties explaining why
Have parties outline pros and cons
What are the steps to mediate
1) modify physical/social structure (eg nuetral site)
2) modify issue structure (no aggregation bias, separate issues)
3) help them get around barriers ( let them vent, identify small wins and common ground, choose concession options)
4) facilitate communication (acknowledge emotions, reframe the subjective to the objective)