Mediation

Mediation is a  process for dispute resolution where there is a third party neutral or where an impartial person intervenes and facilitate the discussion between the parties to the conflict and the outcome is based on the consensus of the parties.  A mediator is NOT an active participant; he/she only facilitate the process to help
the parties arrive at an outcome. You don’t jump into mediation which will in a way be as if you forced yourself on the parties; you must be accepted by both parties as the mediator. Mediation can also be seen as private dispute resolution process in which a neutral person assists the conflicting parties to reach a mutually accepted settlement. It is a voluntary process, non binding and the mediator is non-judgmental. From these, the principles of mediation include:

v  Confidentiality

v  Voluntariness

v  Neutrality/Impartiality

v  Ownership

v  Respect

v  Empathy

v  Self Determination

v  Empowerment/Education

v  Non-binding

v  Private Process

v  Third Party

v  Mutually Accepted Settlement.

The Mediator’s Profile

v  Catalyst

v  Scribe

v  Manager

v  Communicator

v  Motivator

v  Scapegoat

v  Resource Expander

v  Active Listener

v  Educator

v  Translator

v  Sponge/Absorber

v  Reality Tester

Who Initiates Mediation

v  By the invitation of one or both conflict parties.

v  Referrals by a court of law.

v  By concerned Individuals or groups.

v  Direct initiative of the Mediator.

v  Sponsorship by a recognized Organization.

Watch Professor Galtung on Mediation Here,
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What a Mediator Must Have

Before a mediator can successfully engage in conflict management and dispute resolution, he/she must have:

v  Knowledge

v  Skills that comes by training and practice.

v  Attitude: That is because people do more of what you actually do than what you say.

v  Good Listening: It helps build trust and rapport and help to de-escalate the situation. Wrong listening brings about wrong action

v  Active Listening: requires work and concentration. It is a two-way traffic (i.e. you listen and you are listened to). Listening with the head helps you grow with the heart. It goes beyond the head to listening with your heart so you can get the emotions/feelings. You listen with the stomach to understand the needs of the parties. Also, you listen with the limbs so you can understand the direction of the discussion. In trying to achieve active listening, you should have the ability to focus/concentrate on all aspect of the speaker’s communication, probe/clarify meanings by asking questions that takes the speaker’s understanding deeper. You should also listen for emotions by focusing on the non-verbal cues such as hesitation, change in tone, allow venting, and when in doubt, stay general. Value silence on your own part and on the part of the speaker, encourage the speaker, ask open-ended questions, clarify and check understanding.

Mediation Process

Preparation: This includes engaging the services of a mediator in order to arrive at a mediation agreement by getting the parties to the conflict to agree. Here, shuttle diplomacy (pre mediation briefing) is involved. These are activities that helps get the consent of the parties to the conflict to mediate. It depends on the third party to help them agree by trying to convince them. It must be noted that preparation varies especially for an independent mediator. 

An independent mediator have more work to do because he/she has to get the trust and confidence of conflict parties and try to make them understand the fact that he/she have the competence and professional skills to mediate. Parties to the conflict too have their own way of assessing the mediator. They will find the mediation process interesting if the mediator’s professional skills is known and felt.

The mediator already must have known the issues involved and should be able to prioritize them in dealing with each of them. It must be noted that the venue for the mediation process is very important and it also depends on the personality of the parties involved. For instance, the venue of mediation between individuals is different from the venue of mediation between corporate entities or more important personalities.

Timing is also very vital as it must be agreed upon by the mediator and the parties to the conflict. If the mediator imposes the time on the parties, he/she will not get the best because it may mount pressure on the parties. The parties should also decide and agree on how long the meeting should hold and a conducive environment as agreed upon by the parties. Also, welcoming of the parties should be warm and receptive.

Opening: Both the parties and the mediator are on the same level so parties are supposed to be seating facing each other while the mediator seats adjacent them both. The mediator is supposed to make an opening statement. The opening statement is the first address of the mediator and is regarded as the icebreaker that helps give a positive impression of the mediator and the mediation process. The Mediator first introduces himself or herself as he/ she assumes that they are all meeting for the first time. The Mediator state in simple and clear terms, his/her name, qualification especially as it regards the mediation process and not necessarily to intimidate the parties but stated simply.

In the opening statement, the mediator explains the agenda for the meeting and with also some established rules for the meeting as regards the language used and actions. The mediator would then state his/her responsibility by telling the parties that he/she is there to assist them to resolve the conflict and pleads to them to cooperate so that it can be achieved. The mediator would tell the parties that their agreement would be documented and both parties would sign the settlement agreement. Although the documentation is not compulsory and the signing of agreement is not rigid, it depends on the acceptance of the parties. The opening statement of the mediators is very important in making the parties to the conflict feel very comfortable with the process and help them build trust in the process.

Story Telling: Every conflict has a story which can be interesting or heart breaking and must be told by both parties in which anyone of the parties can tell it first without compulsion. All parties including the mediator should have a sheet of paper for recording relevant issues. Two types of facts are recorded for this purpose. Firstly, the conforming fact will contain the presentations of both parties in similarity or where there is an agreement of the stories of both parties. Secondly, the non-conforming facts will contain the presentations of both parties where there is no similarity or agreement. Therefore, the mediator should be able to filter all these and try to make them conform to the established facts by a facilitated negotiation.

Negotiation: This involves dialogue in order to reach conformity to similar agreement. The duty of the mediator is to help them track the conforming and non-conforming story together. Negotiation can take place because both parties enjoy previous relationship. The parties involved have needs, positions and interests which must be addressed appropriately.

Settlement Agreement: Here, adopting a prayer based on the faith of the parties is not out of place. This is good for mediation. If is so agreed by the parties, they can sign a settlement agreement to show their settlement. Although, this is not compulsory and cannot be forced on the parties by the mediator.