Peeking Over the Fence: Peeking Over the Fence learning from other mediation traditions 1.
22
Peeking Over the Fence: Peeking Over the Fence learning from other mediation traditions 1
-
Upload
audrey-pitts -
Category
Documents
-
view
216 -
download
0
Transcript of Peeking Over the Fence: Peeking Over the Fence learning from other mediation traditions 1.
Peeking Over the Fence:
Peeking Over the Fence
learning from other mediation traditions
1
‘Everywhere in the Ancient Greek World ... arbitration was normal and in arbitration the mediation element was primary’ (Roebuck, 2007, p.106)
Industrial Relations
Community Mediation
Family Mediation
Commercial Mediation
Small claims/court annexed
Mediation Traditions
Additional Support Needs (SEN)
Environmental
Professional Complaints
Dispute System Design
(more) Mediation Traditions
LawLabor-
Management Relations
Dialogue Group Facilitation Systems Theory Learning Theory Myth and Ritual
Mindfulness Meditation
Communication Theory Neurophysiology Economics Game Theory Coaching and
MentoringNeuro-Linguistic
Programming
Evaluation and Assessment
Management Theory Team Building Sociology Theories of
Justice Psychology Collaborative Negotiation
Arbitration Non-violence Prejudice Reduction
Race and Gender Studies
Buddhist Philosophy
Spiritual Traditions
Art and Aesthetics
Anthropology Community Organizing
Physics and Mathematics
Creative Problem Solving
Feedback Techniques
Quality Improvement
Organizational Culture
Collaborative Processes Political Theory International
Relations
Influences (Kenneth Cloke)
Mediation Polarities
• One hour All day
• Single session Multiple sessions
• No table Coffee table Business table
6
Mediation Polarities (ii)
• Conference (joint) Caucus (separate)
• Facilitative Evaluative
• Problem-solving Transformative7
One more
Norm generating – norm educating – norm-advocating
8
• ‘the only relevant norms are those the parties identify and agree on’
Norm generating
• ‘the mediator is active in ensuring that negotiations are informed by relevant legal and social norms’
Norm educating
• ‘the mediator not only educated the parties about the relevant ethical and legal norms, but also insisted on their incorporation into the agreement’
Norm advocating
Waldman’s typology
Ellen Waldman, 1997, 48 Hastings Law Journal, 704-769
Riskin’s Grid
Leonard Riskin (1996) ‘Understanding Mediators’ Orientations, Techniques and Strategies: A Grid for the Perplexed’ 1 Harvard Negotiation Law Review 7-51
Broad v Narrow problem definition
Facilitative v Evaluative mediators10
Broad – narrow continuum
1) Litigation issues
2) Business interests
3) Personal/professional/rel
ational issues4) Community interests (those
not in the room)
11
(shadow of the law)
Evaluative – Facilitative Mediators
Evaluative - assumptions• Clients want guidance on appropriate grounds for settlement• She is qualified to give this on grounds of training, experience
and objectivity
Facilitative – assumptions• Parties are intelligent, capable of working with each other, and
know their situation best• They can design the best solutions• Mediator’s principal role is to ‘clarify and enhance
communication between the parties’ (p.24)
12
13
Justice?Substantive justice • What you get
Procedural justice• How you’re treated
More consensus on procedural than distributive
outcomes
Fair treatment had a positive impact on people’s assessment, not only of the
particular process they were involved in, but of the
entire justice system
Procedural Justice• opportunity to present
views, concerns and evidence to third party.
Voice
• perception that ‘third party considered their views, concerns and evidence’.
Being heard
• Even-handed• Dignified Treatment
16
INTRODUCTIONS
IDENTIFY THE ISSUES
EXPLORE THE ISSUES
DEVELOP OPTIONS
RECORD AGREEMENT
The 5-stage model of mediation
‘changing conflict interaction’
Empowerment(move from weakness to
strength)
Recognition(move from self-
absorption to responsiveness)
17
‘human beings have inherent capacities for strength (agency or autonomy)...’
‘and responsiveness (connection or understanding)
‘AND an inherent social or moral impulse’
Dana Mediation Model
Keep the participants involved in
the essential process
Support conciliatory
gestures
Wait
18
19
Facilitation
Creating motivation for
settlement
Overcoming barriers
Kendall Reed Model
“All are relevant all of the time.”
20
Mediation Design A
Joint mediation
session
Pre-mediation
Process design & suitability
Pre-mediation
21
Mediation Design B
Pre-mediation with both solicitors
Joint mediation meeting
Peeking Over the Fence:
Peeking Over the Fence
learning from other mediation traditions
Charlie Irvine
22
