Using Some of the Techniques of Mediation in Difficult Conversations

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Using Some of the Techniques of Mediation
inDifficult Conversations

• Ellen E. Deason
• Moritz College of Law
• February 10, 2009

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Definition of Mediation

• A problem-solving process in which a neutral
  third party, one who had no stake in the outcome,
  helps people who have a disagreement or dispute
  negotiate a mutually satisfactory resolution.

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Benefits of Mediation

• Potential to maintain / improve the relationship
  of those in conflict
• Satisfaction with the process
• Participants are more likely to adhere to an
  agreement if they come up with the resolution

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Mediation Process

• 1. Mediators Opening Statement
• 2. Each Party Describes Perspective
• 3. Mediator Reframes Summarizes
• Mediator Identifies the Issues
• Creates an Agenda
• 5. Exploring Options Generating Proposals for
  Settlement
• 6. Agreement
• 7. Closing

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Opening the Conversation

• Sit in a neutral position
• Describe your purpose your plan for the
  conversation
• 1) each will have a full opportunity to
  discuss own perspective
• 2) generate options to resolve
• Put the individuals at ease and establish an
  optimistic, positive tone about the potential for
  cooperation

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Individuals Perspectives

• Time to express their view of the situation
  without interruption by the other person
• Your role Listen
• -- develop information
• -- demonstrate that you heard understood
• -- acknowledge feelings

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Individuals Perspectives

• Procedural justice studies Individuals are more
  likely to think a process is fair if they have an
  opportunity for voice and they feel heard by a
  neutral who treats them with respect.
• Even if they dont like the outcome, they may be
  more willing to accept it if they are satisfied
  with the process.

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Listening

• Inquire to Learn
• -- open-ended questions
• -- open-ended focused questions
• -- get behind the positions to the interests
• Reflect Back Content and Feelings Heard
• -- without judgment or agreement
• -- demonstrates understanding
• -- ensures accuracy and completeness
• -- helps the other person hear

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Identify Issues

• Frame in neutral terms
• Forward-looking focus
• Create an agenda

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Generate Options

• Take each issue in turn
• Invite suggestions about what might be done
• Get out multiple ideas from both individuals
• Dont be the problem-solver yourself

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Encourage Agreement

• Emphasize mutual interests
• Ask for priorities among interests
• Suggest consideration of additional facts
• Try role-reversal
• Superior outcome if they make the decision

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Steps in Mediative Conversation

• Open the Conversation
• Listen to Each Perspective
• Identify the Issues with an Agenda
• Generate Options
• Encourage Agreement

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Who Gets the Empty Office?

• 6 professional staff are sharing offices
• Human Resources Director office for Counselor
• Head of Public Relations office for new Media
  Liaison
• Suggested they talk it over find a way to
  allocate both a private office
• Conversation ? bad feelings no solution

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