Week 30: Advanced Training for Mediators

As a trainer one should know the distinction between 40 hours’ training in mediation, refresher course for mediators and advanced training for trained mediators. In 40 hours’ training focus will be on introducing basic concepts related to mediation and procedural aspects related to mediation process so that the process of mediation is not diluted at any cost. In refresher course, focus is on bringing perfect synergy between theoretical and practical aspects. In advanced training, focus is on perfection and clarity.

In advanced training following may be considered as some of the objectives:

1. Assisting the trainees to finer tune the skills already acquired by them.
2. Increasing their level of confidence.
3. Helping them know for sure ‘what they are doing?’ and ‘why they are doing what they are doing?’
4. Introduce advanced techniques and/or skills.

Beginning the Advanced Training with a Role-play

It is ideal to begin advanced training with a role play. All the participants in the role play must be amongst the trainees.

One of the trainees must be asked to give the gist of the facts of the case where the settlement could not be reached due to impasse. 5-7 minutes time may be given to explain the facts.

The participants must be assigned their roles and the role-play should begin from greeting, seating, introduction, caucus etc.  

At every stage, the mistake, if any, is asked to be identified by the trainees. If they fail to do so, the trainer asks the participant playing the role of the mediator to identify the mistake/s committed by him/her. If the mediator also fails then the trainer points out the mistake. The trainee playing the role of mediator is asked to ‘replay’ without the mistake.

The technique or skill used by the mediator is asked to be identified by the participants. If they fail to identify, the participant playing the role of the mediator is asked to identify the technique/skill. If they fail to identify, the trainer identifies it.

During the course of the role play the trainer gives some cues to the disputing parties, and asks the disputing parties to bring strategic barrier, cognitive barrier etc. or cause emotional outbursts, or bring emotional impasse, substantive impasse etc. or bargain using accommodating style/competitive style etc. or demonstrate ‘reactive devaluation’, or introduce the concept of integrative bargaining etc. If the participants who are playing the role of parties in the role play fail to demonstrate what was asked to be demonstrated that gives a cue to the trainer that either (i) these participants do not know by name/nomenclature what they are doing, or (ii) these participants do not even know the concepts suggested by the trainer. In either or both the situation/s trainer has to lead them.

Principle Behind

Nothing in mediation is an empty formality. Everything has got logic and meaning  associated with it. Mediation is a structured process. It has to be meticulously followed. Unless the mediator knows what is being done and why he/she is doing what he/she is doing mediator cannot claim himself/herself to be a professional.

At times without knowing the basics of specific techniques and/or skills, and their consequential effect, a mediator may have used the same. But as a professional this  habit should not be cultivated and must be avoided. 

Many a times settlements happen on their own. Such cases should not be taken for bench mark. The cases where settlement could or could not happen notwithstanding the professional assistance given by the mediator should be taken for guidance.

Example

(Assisting the trainees to further fine-tune the skills already acquired by them)

Party 1 – Wife to Mediator (talks for about 10 minutes) 

I got married with Party 2 ten years ago. We have two children. Party 2 beats me, uses vulgar words like ……, kicks me … does not get us food clothing etc… Has kept a mistress. Spends all money for her………. She is the one who has spoiled our life. She is ……. (name calls). I have filed this petition for maintenance.I am fed up of him..*cries*…

Mediator – listens to the Party 1. And then,

Asks the Party 2: “What do you say?”

Trainer: “What is the mistake committed by the mediator?’

One of the Trainees: “Restatement is not done.”

Mediator: Repeats what all was stated by Party 1 verbatim.

Trainer: “What is the mistake?”

Trainees unable to point out

Trainer: “Use summarizing, paraphrasing, use filtering, use the technique of reflection while making the restatement.”

Mediator: Summarizes using paraphrasing, avoids using the negative words used by the Party 2 against Party 1 by using the technique of filtering.

Trainer: “Good. Please do the restatement now again and use the technique of reflection.”

Mediator and trainees fail.

Trainer does the restatement and demonstrates:

“Madam Party 1, according to you, you and Party 2 married ten years ago. You have two children. For various reasons there is no harmony in your matrimonial life, and you feel that there is intervention of a third party in your life, whom your husband is associated with. According to you, you are finding it difficult to maintain yourself and your children.

Reflection: “From everything you have said, I get the impression that because of all that happened in your life ‘you are pained and disappointed’. I also get to know from you that ‘you are now interested in getting maintenance for yourself and children’.

Have I understood you properly? Please correct me if I am wrong.”   

Trainer asks the mediator to repeat the same.

Trainer reiterates what reflection all about:

“Identify the interest – reflect the emotion”

Caution

A trainer who does not know the specific techniques and/or skills by name and the concepts associated therewith, should not offer to conduct advanced training. 

Mistakes are always forgivable if one has the courage to admit them.

Bruce Lee

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(All Copyrights reserved by the author S.Susheela)