TOT 77: Giving Training in Assisting the Parties in Problem Solving

Trainer has to train the participants in effectively assisting the disputing parties to resolve the dispute between/amongst them. Training regarding effective use of caucus should be one of the important components of a training program.

The problem solving session can be utilized in the best possible way –

DISCUSSION ABOUT THE PROBLEM

The mediator can assist each of the disputing parties in private session –

1. Introduce the problem as stated by the party (restatement)

2. Identifying the problem

Use Questioning Skills to determine

What is the real problem according to one of the parties
What may be the real problem according to the other party?
Whether both the parties understand the problem as one problem or two different problems?
What needs to be done in situation no.3,referred to above?

3. Defining the problem

Ask each of the parties to define the problem, to which they are looking for a solution.

See whether the problem can be divided into (sub-problems)/ different units.

4. Considering possible solutions

Ask each of the participants to identify

(a) the possible solutions from his/her perspective

(b) the possible solutions from the other party’s perspective.

5. Whether the solutions are workable

Will it work?
Will it create any new problems?
What about resources?

6. Action to be Taken

What must be done?

Who should do what, how and when?

Who all should be informed of the decision?

Whom all the decisions would affect?

7. Confirmation on the Decision

Get confirmation on the decision

PRACTICALS

Trainer to give this chart (or any other chart with modifications if any), as a hand note to the mediator
Ask a group of three participants to form a group. One as mediator and the other two as disputing parties. Take any role play with which participants are already familiar with.
Ask the mediator to keep the chart and go ahead with mediation in a systematic manner as guided in the chart.

DEBRIEFING

Ask the mediator and the disputing parties and the other participants to give their reflection on how they felt when the problem solving was taken in a methodical manner.

ADVANTAGES

Assisting the parties in a structured manner, will be very helpful to the parties, as they are assisted to move from one step to the other, without there being any confusion.

Parties are helped to make informed decisions at every stage.

They do not regret the decision they have taken.

As far as mediators are concerned, such a methodical approach reflects their professionalism.

‘I have learned that I can pretty much do anything I’ve wanted to as long as I was methodical and diligent about it. It may not sound very exciting really, but it works.’
Jamie Hyneman
American Special Effects Expert