Week 33: Learning the Concept through a part of the Role play

Trainer has to be capable of giving examples for any of the concepts related to mediation, in order to make the concept more clear. The practical experience of a trainer, as a mediator, can very easily provide at least 3-4 examples on any given concept. Trainer has to make use of these in the training sessions. This approach will help the participants understand the theoretical and practical aspects of mediation simultaneously.

While explaining a concept, example can be given or a scene related to the concept may be enacted.

Example:

Concept – Ethics- Sub topics – Neutrality  Impartiality Confidentiality.

Case history

Plaintiff has filed a suit for recovery of ten lakhs with interest, based on a cheque issued by the defendant. Defendant denies entire transaction.

In private caucus, plaintiff agrees to accept Rs.5 lakhs, in full and final settlement of all his claims. The defendant, in private caucus, agrees to pay Rs.6 lakhs to the plaintiff towards final settlement.

Each party permits the mediator to convey the offer to the other.

Mediator’s dilemma

If plaintiff’s offer is communicated to defendant , defendant will be benefited by one lakh.  If defendant’s offer is communicated to plaintiff, defendant will be losing one lakhs rupees.

Trainer’s role

Step -1

Trainer has to ask three participants to play the role of mediator, plaintiff and defendant.

Find out how the mediator handles the situation without compromising on any of the ethical principles.

If any of the participants, as a mediator, passes through the test, it is fine.

Otherwise, trainer has to take the role of Mediator and demonstrate how the situation can be handled.

Step – 2

Trainer convenes a joint session between the parties. 

Trainer: Both of you have expressed your offers to me. But I have not yet exchanged it to either of you. (Protection of confidential information is informed)

I request you to exchange respective offers to each other. (Mediator’s impartial role is taken care of)   

Now kindly let me know who would propose his offer first? (Procedure is allowed to be chosen by the parties so that neutrality is preserved)

However, please note that I make it clear to both that you have every right to go back on your respective ‘offers’ as informed to me. (Parties’ right of self determination is respected)

Mediator waits for the response.

If plaintiff wants to propose his offer, and the defendant agrees to it matter ends there.

If defendant wants to propose the offer and the plaintiff agrees to it, matter ends there.

If both are confused as to who has to give the first offer, with the approval of the parties, names of both parties can be written on two slips and some outsider may be asked to pick up the chit. The party whose name is found written on the chit will give the offer first. It is for the other side to accept it or reject it. (Process is allowed to be chosen by the parties so that neutrality is preserved partiality is not attributed)

In all the stages mentioned above, there is complete transparency. The mediator does not compromise on any of the ethical principles.

De-briefing

Trainer has to draw the attention of the parties on the concept of neutrality, confidentiality, and impartiality, and parties’ right of self determination, and explain to the parties with the help of above role play, as to how each or any one of these concepts could have got diluted, if the mediator had not been diligent and careful while framing the sentences.

Technique used by the mediator

Control over the words to be used.

Frame the sentence carefully and properly, and then speak.

TIPS TO THE TRAINER

1. Reflect on the actual mediations done. Note down the situations where there was a situation to compromise on ethical principles, and how it was overcome.
2. Prepare the script of the situational role play with not more than 10 sentences. (see the example above, where 5 sentences are used for case history, and two sentences are used to express mediator’s dilemma.
3. Keep the copies of role play  ready for distribution.
4. Manage the time in such a manner  to see to  it that the role play is completed  between 5 – 15 minutes’ time depending on the availability of time.
5. The same situation can also be explained as an example.

COMMON MISTAKES

1. Being careless about working on examples.
2. Not even bothering to know that there can be examples for every concept.
3. Not understanding the situations related to demanding compromise on ethical principles and the techniques to handle the same.
4. Presuming that the concept has been understood by participants without an example.
5. Presuming that there need not be synergy between theoretical and practical aspects of mediation.  

Advantages of use of examples and scene/s from role play

Positive and negative attributes can be well demonstrated .

“Examples appeal to adult learners than instructions.”

Slamw

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(All copyrights reserved by the author S.Susheela)