….TOT 141 Spectrum of Problem and Solutions

….

TOT 141-WEEK 141

Spectrum of problem and solutions

(for advanced training only)

Mediation is a facilitative process. Mediator facilitates the  disputing parties in understanding their problem, understanding the  possible solutions that can be  expected, and in moving them from problem towards solution.

After understanding the entire narrative given by the disputing parties and other participants, mediator sets specific agenda/s  to assist the parties.

One of the  following two   strategies  are generally  adapted.

1. Moving  from past to future.
2. Moving their vision from  future to present ..that is moving from where the parties want to be to where they are now., step by step.

Depending on the circumstances  one of the two strategies can be followed.

The idea is to make the parties visualize what had happened in the past- what is  happening in the present and what would they like to happen in future  and what they  may  reasonably expect to happen in the future.

There can also be  the possibility of  meeting two different  faces   by each of the parties during the mediation:-

The painful part – where concessions  / leverages may have to be given

(Notwithstanding their unwillingness to do so).

Satisfactory part: Looking  at and being satisfied with  the  larger picture.

Mediator may be asked to assist the parties in understanding  that : 

a)The options evolved may have to be actionable and workable options for both the parties.

b)The proposed change if any in the present circumstance/s/situation/s must be a sustainable and acceptable change for both the parties.

c)The solutions  evolved during the process of mediation may not be hypothetical, dependent on severable variables but may have to be reasonably apparent and practical.

It is in this context trainer has to equip the trainees to enable them assist the parties in actual mediations, systematically.

Mediator has to take the parties through each of the above mentioned (a) (b) and (c)  tests.

Practical steps:

1. Give a role play.
2. Ask the trainees to set an agenda by identifying the topic for consideration for discussion.
3. Decide whether the first or second strategy is to be adopted

a)Moving from past to future.

or

b)Moving from  future to present ..that is moving from where the parties want to be to where they are now.

4) Frame questions  to get  the parties moving  towards one of the strategies

5) Ask the trainees to identify:-

The painful part – where concessions  / leverages may have to be given

(Notwithstanding their unwillingness to do so)., and assist the parties to  accept  the same (if they are willing)

6) Ask the parties to identify the Satisfactory part: Looking  at and being satisfied with  the  larger picture., and assist the parties  in understanding on their own  that the deal is a good one.

Objective: To assist the parties to understand that : (i) There is problem (ii) It needs to be resolved (iii) They should own the responsibility to move from problem to solutions ( iv) They cannot be struck with the dispute  but will have to move towards resolution.

“We must accept responsibility for a problem before we can solve it.  We cannot solve a problem by saying” It is not my problem”. We cannot solve a problem by hoping that someone else will solve it for us.  I can solve a problem only when I say “This is my problem and it is up to me to solve it”.

Mr.Scott Peck – Author – The Road less Traveled.  

(All Copy rights reserved by the author S.Susheela)