Week 108: Giving Training in bringing clarification

This part of training is generally given in advanced training. Trainees who have done a minimum of fifty training can be given training in this technique. 

Step 1

Listening to the Facts from both the parties, in a private session.

Take notes

Step 2

Listening to the narratives given by both parties, in a private session.

Take notes.

Step 3

Make note(s) of “Admitted fact and disputed versions”.

Step 4

Decide whether: 

1. There is any communication gap.
2. There is any misunderstanding or misinterpretation
3. Whether the acknowledgment of fact is associated with regret, or explanation justifying the action associated with the fact.
4. Whether by giving clarifications, the situation can be understood from a different angle.
5. Whether addressing the fact would help in resolving the dispute between the parties.

Step 5

(Note: Only after the mediator gets confirmation about points 1 to 5 of Step 4, from both parties must Step 5 be considered). 

Set an atmosphere for a joint session between the parties.

Lay down the ground rules

Ask each one (one after the other) to tell what happened on the given day ( Specific fact).

Ask each one (one after the other) to give his/her version as to why the incident took place?

Step 6 

Moving towards solution 

Ask them to re-live the experience before the unfortunate incident took place.

Imagine them to be in said situation 

Step 7 

Only two questions from the mediator 

Question 1: Now, if the same thing happens today, What would you do? 

Ask this to each of the parties, and if the answer is in a positive direction, pose the next question

Question 2: How do you consider responding to such situations which you may come across in the future? 

Step 8 

Get answers from both 

Find out whether an empathetic connection is brought between the two.

Whether each has understood the other, as that other person expected him/her to be understood.

Example 

The Husband has slapped the wife

Both husband and wife refer to this fact in a private session.

But each gives a different version about why the given incident happened on that day.

Ask the trainees to follow the above 8 steps and watch the simulation exercise.

Trainer’s Preparation

A Trainer should have at least 5-10 such simulation exercises. Situations can be taken from matrimonial cases, child custody cases, commercial transactions, tenant and landlord cases, partnership cases, specific performance cases etc.

1. Facts must be stated in a single line.
2. Version or narrative from each side must be in about ten lines.

Techniques used by mediator

1. Identifying 
2. Whether clarification is necessary 
3. Setting the agenda and setting the atmosphere 
4. Use of effective questions. (not more than 3) 
5. Mediator speaks least when this process goes on. 

When is this exercise done?

1. After the session on empathy
2. After the session on communication skills where the technique of clarification is used
3. After the session on neutrality – where the mediator is taught to use this technique, so that mediator does not clarify, but makes each party give a clarification to the other, to avoid the mediator’s neutrality getting affected, and empathetic connection revives between the disputing parties. 

Advantages

1. Trainees as mediators understand the value of a systematic approach 
2. They understand the importance of planning ( setting an agenda) before facilitating each step of the mediation process.
3. They understand that each part of the mediation process has got its own importance.
4. They understand the value of professionalism.

“Professionalism – It’s NOT the job you DO,

It’s How you Do the job.” 

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(All copyrights used by the author S.Susheela)