Mediation is a living process. ‘It is now and here’. Mediator has to simultaneously use the theoretical and practical knowledge. Through training, trainer facilitates the trainees to get equipped with this requisite. Beginning the process, proceeding with it without pre-meditation, without setting an agenda, mechanically going through introduction, multiple joint and private sessions, and talking to parties and participants, may not strictly fall under the category of facilitating the disputing parties to resolve the dispute. Something more is expected by a qualified mediator. A qualified mediator should know why, when and how and what he/she should be speaking/ asking or not be speaking or asking. If a particular technique is used, the reason behind using it must be known to the mediator. Supposing that technique does not work in a given situation, what next is to be done should also be known to the mediator. Mediation is not just about talking to parties and listening to them. It is a scientific process. Every stage, every technique has got its own relevance and importance. Just as a doctor knows what medicine is to be given, to which patient, at what time, the mediator should also know everything about the techniques to be used in a given mediation.
Trainer’s responsibility is to equip the trainees with this knowledge.
One way of achieving this objective can be through role play by trainers.
How is this being done?
One of the trainers takes the lead. The other co-trainers play the role of parties and advocates. As and when the mediation continues, the lead trainer identifies the techniques and tells the trainees, as to which technique is being used. The trainer identifies the styles of negotiation, barriers to communication and barriers to negotiation if any etc. The trainer also tells the trainer different types of bargaining parties are adopting.
Example
- Mediator is asking strategic question.
- Plaintiff is bringing strategic barrier.
- Defendant is not accepting the offer given by the plaintiff because of ‘reactive devaluation’.
- Mediator is encouraging parties to move towards integrative bargaining.
Thus, role play by the trainers, gives a clear picture to the trainees that they should know the techniques to be used by name and use the same at appropriate situations.
In refresher courses and advanced trainings in mediation, the trainee mediator must be asked to identify the technique that is being used by her/him.
Adapting this method reflects perfect professionalism by the trainer mediator. From the beginning, starting with 40 hours’ training in mediation, the trainees are to be trained to know the technique by name and also its nuances completely.
Advantages
- Asking a question randomly without knowing that it is a strategic question, and getting good result from it is something different from asking a question knowing it to be a strategic question, and knowing the effect of such question. The former can be part of random dialogues /conversations/discussions etc between or amongst individuals. The latter can be expected only from a trained professional.
- Trainees learn the ‘dos and do nots‘ of mediation.
- Trainees understand the real value of training
“Upgrading oneself systematically is mark of professionalism”
Slamw
Training of Trainers in Mediation 
The purpose of training skills as opposed to lectures is to bridge the gap between knowledge and practice. This write up helps us to understand how it is to be done.kudos
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Labeling appropriately the techniques used while doing role play help trainees to remember them easily and practically apply them. Thank you
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Advantages of techniques outweigh the only pitfall of being mechanical. When used with dexterity, techniques yield desired outcome.
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