PAC'S 150 Flashcards
Types of Mediation Models
- Facilitative Model
- Evaluative Model
- Narrative Model
- Transformative Model
Evaluative Mediator….
-listens to both parties and then evaluates substance of dispute to offer an opinion to its resolution
Facilitative Mediator focuses…
on managing the processing of the issue so the parties can be in charge of the outcome or product. “Mediation process is mine, the product is yours”
Three categories of issues
- Personal issues
- Relationship issues
- Topical issues
Personal Issues…
having a personal agenda not to be talked in or out of something
“never again is he going to talk me out of what I believe is best”
Relationship issues…
issues are those matters that stem directly back to the relationship between parties. The natural & normal hurts, angers and other feelings that come from the relationship
Topical Issues….
The Tangibles. The substantive matters that will ultimately appear in the final mediation agreement.
Facilitative mediation objective is…
to resolve the topical issues while being mindful to managing the personal and relationship issues
Transformative mediator…
offers mediation beyond facilitative and attempts to manage personal, relationship and topical issues.
The evaluative mediator is more likely to focus on
Topical issues and personal and relationship issues as distractions to reaching agreement
Facilitative mediator motto
“I manage the process so that the parties can manage the product
Evaluative mediation model holds power to…
evaluate the strengths and weaknesses of each party’s position and suggest possible solutions.
Transformative mediation model tunes into…
Communication between the parties to listen for messages of strengths/weaknesses and self-absorption/responsiveness to the other party.
“empowerment & recognition”
Goal of Transformative mediators is to help acknowledge…
the others person’s interests & be clear about the choices they have, regardless of whether they reach agreement.
(any change in relationship is just a bonus in facilitative approach)
Facilitative mediator empowers parties by educating…
positional bargaining vs. interest-based decision-making, encouraging the parties to separate the person from the problem, while keeping them focused on the future as opposed to past
An overarching theme is that mediators help…
people move of their positions of impasse.
evaluative mediator helps people move off the position of impasse by…
creating doubt as to the strength of one’s position.
Transformative mediator helps people move off the position of impasse by…
changing the nature of the relationship between the parties
Facilitative mediator helps people move off the position of impasse by…
helping the parties focus on their interests as opposed to their positions
Narrative mediation believes that our…
lives are shaped by the stories that people tell about us and by the stories that we tell ourselves.
Narrative techniques focus on deconstructing…
the parties’ close identification with conflict-saturated stories in order to create a contact for the re-authoring of relationships in more peaceful, cooperative and respectful ways
Narrative mediations has been applied in…
environmental, corporate and small business disputes.
The Narrative mediator is more interested in…
stories and the meanings within the stories rather than in facts and causes.
(Stories are socially and culturally constructed. some stories come to dominate others)
Narrative mediator focuses on improving the story of the…
relational conditions between the parties & trusts the shifting the way the stories are told may ultimately result in resolution of the conflict.
In Narrative mediation conflict may be interfering with alternative story of cooperation, teamwork, agreement, justice, collaboration.
The narrative mediator might invite parties to…
talk about a time when they were able to work together in a cooperative manner.
Narrative mediators believe positions & interests as built on a sense of…
entitlement that grows out of discursive assumptions.
“I nee to have my children with me”
“I need to be free to advance my career”
Narrative mediatiors externalize a conflict….
It is “the divorce” that has caused the upset, not the other person.
Why would mediators meet with parties beforehand?
- by meeting the mediator learns much more than from written pages of the mediation statement.
- may also defuse emotion;parties need to be heard before they can listen.
Ways mediators can be more affective…
- preparation
- knowing the “hot button” issues
- reframing questions
- humor(getting parties to take themselves a little less seriously
- helps parties find personal connections may also help them reach an agreement
Ways to mediate during a two-party zero-sum dispute…
- Caucus and play devils advocate or exposing weakness in parties stance
- double blind proposal( settlement value is offered confidentially to both parties. if on party objects, not deal and no info about whether other party accepted. If both accept, deal is made.
Good mediation requires….
multiple styles. ability to perform many different styles of mediation.
Power Theory?
defines conflict as a struggle for domination
-Parties need help organizing and mobilizing to get power back, take it away or balance it.
Rights Theory?
A contest between competing claims or “rights”
-Parties need help in argumentation and advocacy to champion one right over others
Need & Interests Theory?
A problem of meeting incompatible needs with limited resources.
-Parties need help in problem-solving, resource redistribution and “getting to yes”
Transformative mediation is based on what Theory?
Relational Theory of Conflict.
- A crisis in human interaction
- What parties need help with is overcoming this crisis and being restored to a constructive interaction.
“What is conflict, as the parties experience it?”
Transformative mediators believe that if settlement is to occur, it will happen on genuine terms more often when focus is not…
on settlement and not on getting the parties to agree but on something else: the quality of their interaction and deliberation.
Transformative mediator recognizes that settlement is one of the many choices that might open to disputing parties as an incidental…
benefit of an improved interaction. If transformative mediators do their job, parties are likely to make positive changes in their interactions with each other and, as result, find acceptable terms of resolution when and where such terms genuinely exist.
Paradigms of Practice
About Mediation
Christopher Honeyman
Types of Mediators
- Social network mediators
- Authoritative mediators
- Independent mediators
Social Network Mediators are individuals who…
are sought because they are connected to the disputants; they are generally part of a continuing & common social network
Social Network Mediators are
personal friend neighbor associate coworker priest
- prior and expected future relationship to parties tied into social network
- Not necessarily impartial, but perceived by all to be
- concerned with stable long-term relationships between parties
Benevolent mediator
-More common in non-western cultures
Highly respected religious or community leaders or elders into family or community disputes
-do not have the ability to decide the issue, but status,knowledge, experience, reputation, and persona may help influence parties
Administrative/Managerial Mediator
in a superior or mor powerful position and has potential or actual capacity to influence outcome of dispute
- seeks solution developed jointly with parties within mandated parameters
- Has authority to advise, suggest, or decide
- Has authority to enforce agreement
Vested Interest Mediator
Henry Kissenger had vested interests when he acted as mediator for the Arab-Israeli disengagement negotiations.
-Mediator has specific interests and goals regarding all aspects of the dispute and pushes these objectives with enthusiasm & conviction.
Independent Mediator
An advisor or assistant(one arena met have little or no connection with another aspect of an individuals life.
Impartiality?
The absence of bias or preference in favor of one or more negotiators, their interests or specific solutions
Neutrality?
the relationship or behavior between intervenor and disputants.
-does not expect to obtain benefits or special payments from on of the parties
Impartiality and Neutrality…
allows the mediator to separate his or her personal opinion about the outcome of the dispute or relationship that have developed during mediation and focus on ways to help parties make a decision without favoring one.
Interventions?
Activity taken by mediator in response to unproductive communication or problem solving that arises in joint session.
Mediator Process of Building & testing Hypothesis
- collect data about dispute(observe, secondary sources, interviews with parties)
- Develop hypothesis about critical situations faced by parties
- Search for theories that explain conflict.
- Select theory and implied intervention;develop hypothesis about what intervention should accomplish
- Make intervention(test hypothesis
5 Phases of Mediation
Mediators opening statement(voluntary, neutrality, confidentiality)
- Initial statement(why they are here)
- Setting the Agenda(Items that need to be discussed)
- Problem solving negotiations
- Writing the Agreement
2 major negotiation procedures
1 Positional bargaining(win/lose or compromise-oriented process)
2. interest-based bargaining(try to meet as many of the needs of both parties as possible) Reached because a party has succeeded in having his or her interests satisfied.
Substantive Interests
the needs that an individual has for particular goods such as money and time.
Procedural Interests
the way the parties discuss their differences(each speak their mind, negotiations occur in a orderly and timely manner)
Psychological interests
emotional and relationship needs of negotiators both during and as a result of negotiations.
Conflict Coaching
process in which a coach and disputant communicate one-on-one for the purpose of developing the disputant’s conflict-related understanding.
Negotiation article by
Bruce Patton
7 elements to negotiation
- Interests(parties basic needs,wants & motivations)
- Legitimacy(negotiations fail, not because option on the table is unacceptable, but because it does not feel fair to one or both parties
- Relationship(boss-employee/ sometimes the relationship than the dispute in question
- Alternatives and BATNA(Best Alternative To a Negotiated Agreement)(to refuse, to try to fight, to do nothing)
- Options(I give you money, you give me a car)
- Commitments(an agreement, demand, offer, or promise by one or more parties)
- Communication(process by which parties discuss and deal with the preceding six elements of negotiation.
