Dispute Resolution through Mediation
By Nancy L. Wilkinson, MaEd.
One of the most effective ways to resolve a dispute is through a neutral third party. This workshop will explain the stages of mediation and provide hands-on experience in mediation through role- playing.
Nancy L. Wilkinson, who is the presenter, learned the mediation process through a 40-hour program with the attorney general’s office in 1994. Since then, she has used her mediation skills in participating in a school district’s para-administration program, department head duties and day to day parent and student contacts. Nancy is an accomplished presenter with workshops given at the national, state and local levels.
The mediation process is not limited. It is effective in the office, school and home. Once the skills are mastered, the mediator often finds himself using the same strategies to handle day to day conflicts.
- What it mediation?
- Activity: Brainstorming.
- The Main Points of Mediation
- What is the Value of Mediation?
- Before the Mediation Begins
- Atmosphere
- Temperature - Not be too hot or too cold
- Check the Mediators Frame of Mind –
- Neutrality -
- Stage 1 – Setting the Stage
- Diffusing Inappropriate Behavior - Gently call to attention their behavior
- Intimidation
- Step A: What do the parties have in common?
- Step B: What is mediation
- Step C: Explain your role
- Step D: What is the party's role: Responsible for creating the actual terms of the agreement
- Step E: Explain the ground rules
- Step F: Access readiness and willingness of the parties
- Mediation Agreement
- Activity: Role Play
- Stage 2 – Defining the Issues
- Gather the facts
- Communication – Techniques
- Types of Questions
- Fostering Communication through Questions
- Communication Recap
- Reiterate each statement before going to the next person.
- Activity: Questionnaire
- Observe behaviors - Nonverbal Cues
- Understanding Cultures –
- Activity: Culture Quiz
- Patronizing Messages – Redirect these type of messages
- Handling your Own Behavior
- Caucus:
- BATNA – Best Alternative to a Negotiated Agreement
- Develop a hypothesis and determine indirectly what the parties want
- Activity: Role Play
- Stage 3 – Processing and Exploring the Issues
- Managing the Emotional Climate
- Maintain Equality
- Encourage Empathy
- Minimize Competition – Type of people who will foster competition
- Activity: Role Play
- Stage 4 – Resolving the Issues
- Negotiating – Rules about People
- Working towards a successful Resolution
- Getting Past No. – Negotiating
- Activity – Negotiation exercise
- Some Guidelines in Resolving the Issues:
- Questions to Ask - By simply asking up certain questions, it might spur one party to come closer to a solution.
- Do's and don'ts of negotiating:
- Prepare the written agreement if needed and close the mediation
- Mediation Agreement
- Sample Agreement
- Activity: Group Discussion
- Recap of The Four Stages of the Mediation Process
- Activity: The need for Role Playing