TOT 117: Training in understanding the role of third parties

WEEK 117

“ Training in understanding the role of third parties”

The role of third parties in mediation cannot be ignored. Many times third parties play a vital role in the decision-making process.  They may have a ‘say’ in the decision to be taken by either or both the disputing parties.  Trainer has to prepare the mediators to be to understand the role of third parties in the resolution of disputes.

The role of third parties in mediation cannot be ignored. Many times third parties play a vital role in the decision-making process.  They may have a ‘say’ in the decision to be taken by either or both the disputing parties.  Trainer has to prepare the mediators to be to understand the role of third parties in the resolution of disputes.

One of the techniques used is Asking questions. 

By asking questions

In the first or second private session mediator may ask :

1. Whom does the party consider as trustworthy in his /her family?
2. Whom does the other party consider as trustworthy amongst persons associated with him/her? 
3. Whom does the other party consider as trustworthy in his/her family?
4. Whom does the other party consider as trustworthy amongst persons associated with him/her? 
5. Whose words are valued more by the party?
6.  Whose words are valued more by the other party? 
7. Who can bring a difference in the settlement terms?
8. Whom does each of the parties want to consult? 
9. Whom does each of the disputing parties want to avoid in negotiation?
10. Whom does the party want to involve in the negotiation?
11. Is someone else compelling a party to take the decision in one way or the other?
12. What is the interest of the third party?
13. Does the party have any conflict of interest with the third party who has accompanied him /her?    
14. What is their opinion regarding taking an opinion from an expert?
15. Are you afraid of someone? Can you help me understand why?

…etc.

Checks

While asking these questions, the mediator has to be very careful. Disputing parties should not get a feeling that the mediator is probing. Trainer has to train the mediators to be, in understanding the vital distinction between probing and collecting information.

Preparation 

The trainer has to prepare in advance a list of at least 50 different questions that may be asked to each of the parties to understand the role of third parties and keep it ready.

(Each of the prepared questions may also be used for discussion in advanced trainings or refresher courses .)

How to teach the technique?

A simulation exercise may be introduced.

A role play with general facts is distributed to both the parties.

(and also to all the trainee mediators)

Trainee Mediator may be asked to ask questions to each of the parties in private session,  regarding the role of third parties.

If the Trainee mediator fails, The trainer may step in as a mediator.

Or

The trainer may use a whiteboard and marker, and ask each of the participants to suggest some questions. The trainer has to note down all these questions on the board.

In the end, trainer may act as a mediator and continue asking questions in this regard. 

Once the questions are asked, the trainer has to do ‘de briefing’ as to what was the intent behind asking each of the questions.

When should this exercise be done?

Either before or after taking a session on “role of third parties in mediation”.    

“A wiseman’s question contains half the answer”.

Solomon Ibn Gabirol
Jewish Philosopher and Poet

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(All Copyrights reserved by the author S.Susheela)