TOT 80: A Template on Questioning

In Mediation, mediators come across two types of questions: 

1. Questions posed by the parties which may be 

• posed by one party to the other 
• Posed by either or both the parties or third parties to the mediator and 

2.  Questions asked by the Mediator.

Trainer has to spend quality time with the trainees in making them understand:

• The importance of questioning
• Types of questions
• Time and place of questioning.
• Setting an agenda to ask a given set of questions.
• Setting the right atmosphere before asking questions
• Probable answers 
• What if the intended result is not achieved through questions.

Trainer may also have to give inputs on consequences of:

• Asking in- appropriate questions
• Questions with ‘inappropriate content’
• Wandering – struggling for questions
• Asking questions of individual interest of the mediator 
• Asking question after question without waiting for answer/s
• Asking questions without giving required space and time for the person from whom answer is expected
• Asking questions and compelling the disputing party/s to answer

Exercise

1. A demonstrative role play should be selected.

As the role play goes on, Trainees must be asked to –

• Identify the type of question/s asked by parties/ third parties/mediator and label each of them 
• Identify the mistake/s committed by the mediator in asking a given question 
• Suggest the appropriate question in its place. 

2. A role play should be circulated to participants.

Trainer can choose the stage of the role play : “Agreement stage” / “Negotiation stage” / stage of understanding the person…etc. 

Ask the trainees to frame 6 questions which they would like to ask each of the parties.

Two questions which they would like to ask the advocates.

Request the trainees to write the same in a paper and hand it over to the trainer. 

Stage 2

Exchange questions given by one trainee with that of the other.

Ask each of them to identify label the “type of question”

Find out the flaws if any in the question proposed to be asked., and write the same. 

Advantages

Trainees cultivate the habit of framing the question beforehand, and then proceed to ask.

Trainees cultivate the habit of thinking about the pros and consequences of the questions which are proposed to be asked by them.

Trainees understand the responsibility of a mediator. 

“It is better to debate a question without settling it than to settling a question without debating it.“

Joseph Joubert
French Moralist and Essayist

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(All Copyrights reserved by the author S.Susheela)