Mediation is a process where persons, their relative problems, and the solutions which the persons involved in the problem expect, all will have to be handled simultaneously. None of these can be ignored by a mediator. However focusing more on any one of these, and ignoring the other two or even one of the three will not yield the expected result/s.
In advanced training, the trainees are trained in separating the persons from the problems more effectively. And, they are further given training in making the disputing parties understand more about workable solutions.
It is in this sense that effective use of sub-caucus is more helpful. Segmentation of each sub-caucus is also an effective technique that will be very helpful in assisting the disputing parties to separate the persons from the problem.
Three functional segments
Understanding the person
Segment 1
Mediator to ask the disputing party to speak about himself/herself. Leading, open-ended questions are asked and the party is encouraged to speak more about his/her nature, personality, positive and negative aspects, employment and financial status, educational qualification, family background, etc. Prioritizing questions are asked to know what is more important to that individual. While asking these questions, the mediator should be cautious not to ask any question related to the problem.
Segment 2
Mediator to ask questions to the party, as to what does the other party think of him/her and why does he /she think so? How can this party bring a change in the other party’s perception?
Segment 3
Whom does Party A respect more and look up to, for taking any decision.
Whom does Party A respect amongst the group of persons belonging to the opposite party?
What are his/her fears?
Understanding the problem
Segment 1: Framing questions in such a way to get answers to the following main questions
What according to Party A is the actual problem?
Can there be a different face to it?
Is it a real problem or an imaginary one?
What according to the other side is the actual problem?
Is the other side projecting a perceived / actual or imaginary problem?
Have both the disputing parties understood the problem in the same manner or is it different for each one?
How does Party A want to define the problem correctly?
What/who according to Party A is the source of the problem?
Could the problem have been avoided?
What are the consequences of the problem remaining unresolved?
Understanding the solution
Segment 3: Need for resolution of the dispute.
How will it be for Party A if the problem is resolved?
What according to Party A may be the adverse effects of resolution?
What are the solutions expected by Party A? (Vital -Essential-Desirable- VED analysis)
What cannot be accepted by Party A and why?
Whether the solutions expected by Party A will be granted by the Court if the matter goes to Court?
(reality testing)
What will the other party agree to?
What options can be workable for both? ( moving from individual interest towards collective interest)
What is preventing Party A from entering into a settlement agreement?
Trainer has to equip the trainees to ask the above set of questions/or in similar lines to both sets of parties, and sometimes to chosen third parties also.
TRAINER’S ROLE
Give a role play – explaining brief facts of the case.
Ask the trainees to frame questions about each segment
Ask them to write the same and give it to the trainer.
Ask the trainees to identify the type of the questions they have asked ( ex: specific, convergent/divergent/inch question etc.), and name the same next to the question.
Trainer to evaluate the questions and see
Whether the trainees have crossed the border and moved from one segment to another.
Whether they have asked effective questions?
Whether the trainees could achieve the primary objective: Making the disputing parties separate the persons from the problems more effectively, and making them understand the importance and possibilities of workable solutions.
ADVANTAGES
Trainees learn the skill of framing questions before actually asking the questions.
They will learn the skill of thinking pros and consequences of asking questions
Trainees learn the skill of setting an agenda at every stage.
They learn the importance and effective use of sub-caucus.
They learn how to streamline negotiation.
‘Before you do anything, figure out how you are going to do it.’
Slamw

Journey from Person to Problem , Problem to Solution…..is MEDIATION.
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