By and large trainees who undergo training in mediation are adults. Positive and negative reinforcement, which are components of any adult learning process, can be achieved through meticulously training the trainees in practical aspects. This does not mean that theory part of the learning process need not be given importance. Through training, one gets to know what needs to be done, how and why and when. What needs to be done and why it needs to be done ,can be introduced through theoretical inputs. How, when and where something has to be done, essentially gets reflected in the practical part of the training program. It is in this context that, equal or at times more importance is to be given towards practical than on the theoretical part of training, up to a certain stage of learning.
Time has come for us to have a separate faculty for practical training. All may not have competence to be wonderful speakers. They may lack presentation skills. But some may be good in the practical aspects. Some may be excellent mediators. Some may be good in teaching skills on a ‘one on one’ basis. It is suggested that the lead trainer takes a team of resource persons to assist in practice, who would monitor the trainees and correct them then there, while doing the role plays.
For our understanding, a resource person who assists in practical aspects may be addressed as a practical trainer.
Step 1: Greeting and Seating
Introduction of the mediator and the introduction of the trainees.
(Practical trainer has to focus on the body language, posture, voice ,demonstration of respectfulness etc. of the trainees and correct them if they go wrong)
Step 2: Opening statement
Practical trainers have to focus on the body language, posture, voice, demonstration of respectfulness etc, and whether the trainees are covering all the aspects to be covered in their opening statement. It is suggested that the Practical trainer keeps an evaluation form, and shows the trainees where they have gone wrong.
Step 3: Joint Session
Practical trainer has to focus on the body language, posture, voice ,demonstration of respectfulness etc of the mediator.
Practical trainer has to see whether the mediator is summarizing using all the techniques of paraphrasing, acknowledging, filtering, deferring, reflecting, (reflecting the emotion, identifying the interest) and neutral reframing (if necessary) and correct the trainees then and there.
Mediator has to see how the mediator is building foundation in order to ensure the co operative role of Advocates.
PRIVATE SESSION
Practical trainer has to see to it that the private sessions are perfectly used by the trainees in a methodical, systematic manner to get all information regarding person, problem, solutions.
- UNDERSTANDING THE PERSON :-Very first part of private session should be used to (a) Know about the person in detail ( Please tell me something about you. (b) What does Party 1 think of the other party (c) What does the other party think of party 1. (d) Whose words would matter much to Party 1. ( e) Whom does the other party respect more. (f) Whom does the party 1 wants to avoid in negotiation (g) Whom all does he /she want to involve.
(Repeat the same with Party -2). Practical Trainer has to train the mediators to be, in a step wise manner. In the initial stages it is also advisable to give them a chart, to follow the steps.
- UNDERSTANDING THE PROBLEM
- What according to Party 1 is the problem?
- What according to the other party is the problem?
- What is the cause for the problem?
- Who according to Party 1 is the source of the problem ?
- Who can help in resolving the problem?
- Who can aggravate the problem?
- What are the negative effects of the problem?
- How would the life be, with the problem getting resolved in mediation?
- Revisiting:- (a)What is the actual problem ?
(b) What can be the possible solution?
(Note 9 Should not be asked unless I to viii are covered.)
(The same exercise has to be done with the other party and if need with some of the third parties)
- UNDERSTANDING THE SOLUTION
- What according to party 1 are the probable solutions?
- What according to the other party may be the solution for the problem?
- Are the suggested solutions achievable/workable?
- How can they be made workable/achievable/
- Are there any other options?
- Can the party think out of the box?
- Can party assign reasons as to why a particular option does not work?
- Can party give reason as to why a particular option should be honored by the other party?
ADVANTAGES
Professionalism gets inculcated in the trainees.
They think twice before asking any question or even speak a single sentence with the participants in mediation.
They understand that every sentence they speak, or every question they ask should have ‘value base’.
They incorporate different communication skills, that are introduced in the training program while doing practical mediations.
The great aim of education is not learning but action
Herbert Spencer
English Philosopher

The importance of theory and practical aspects explained minutely. Thank you Ma’am.
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