Mediator’s role is to facilitate the process of mediation.
One of the challenges the trainer faces is to effectively train the participants in internalizing this technique of facilitation.
In order to achieve this objective trainers are supposed to lay the foundation by making use of the technique of “facilitation” in their presentation.
By this, the trainer introduces the concept of technique of facilitation to the trainees.
PROCEDURE TO BE ADOPTED BY THE TRAINER
- Choose a topic.
- Give a questionnaire.
- Ask them to write their answer/s. ( ask them to mention their names).
- Collect the papers.
- Take one question after the other.
- As and when a question is asked, form two groups based on two different sets of answers given by the trainees.
- Facilitate healthy discussion.
- Ask each party in a group to give/his /her version justifying the answer. Request the other group to listen without intervening.
- Once all in the group complete giving their justifications /reasons for their opinion/s or decision/s, sum up and give a neat summary, without agreeing or disagreeing with any of their views.
- Move on to the other group and repeat the same process.
Example
CONFIDENTIALITY
- Just because confidential information is disclosed, and permission is given to the mediator to disclose the same to the other side, should the mediator disclose it? (YES /NO)
- Is it better for the mediator to set an atmosphere in such a way that, parties themselves exchange the confidential information ?( YES/NO)
- Should the mediator take the responsibility of exchanging the confidential information?(YES/NO).
- Can the mediator insist upon the party to disclose the confidential information? (YES/NO)
How to make use of this knowledge in actual mediation?
Example
Husband has filed a petition for divorce. He is not at all interested in reunion.
Wife wants restitution. She is not agreeable for divorce.
Objective: Mediator has to facilitate the disputing parties in the decision making process.
Skills used: Questioning skills
Mediator has to frame the questions in the mind. Mediator can even note down the questions. This will help in distilling the issues.
(In Private session/Caucus)
- Do you think your wife will be agreeable for divorce? (YES /NO)
Can you please think of reasons for the same from her perspective.
ANSWER : a…b…. c…
- Are you interested in reunion (YES/NO).
Just Imagine …Don’t agree or disagree.. Please put yourself in a hypothetical position and try to answer, ‘Can you please give some reasons as to what are the advantages that you may have if you think of reunion?’
ANSWER :..a, b…c…
- Can you help me understand what according to you would be the negative impact/consequence of your decision to take divorce?
ANSWER : a, b, c
List out all the reasons/justification.
Summarize – paraphrase
When is this exercise done?
After the regular role play is completed, two from the group are invited to the dais.
One plays the role of mediator and the other the role of mediator.
The above method is asked to be followed.
If the foundation is laid in the forty hours’ training program, it can be further strengthened during refresher courses, and advanced training in mediation.
“We are the creators of our own creative evolution.”
Bill Hicks
Stand up Comedian and Musician
(All Copyrights reserved by the author S.Susheela).
Training of Trainers in Mediation 
Facilitation in my opinion is one of the most difficult, but if done correctly , properly, brings in more participation, making everyone alert & active & gives a practical method of understanding positions & interests of oneself & other party.. Thank you Susheela ji, you have often taught us by your wonderful demos in our various trainings.
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