“Transforming the Mindset – Strategy ”
The greatest challenge to a mediator is to know whether the parties are interested in getting the matter settled through mediation or not. In matters involving high stakes this is a common problem. Any amount of energy spent on the process without touching upon this issue will not give expected results from mediation.
PART 1:- Trainer has to equip the trainees to understand the following possibilities:-
i)Both the parties are not interested in getting the matter settled through mediation , but have been participating in the process with a different strategy.
ii) One of the parties is not interested in getting the matter settled through mediation , but has been participating in the process with a hidden agenda.
iii) Either or both of the parties have not taken a decision as to whether they should take a final decision or not but they are open for considering settlement through mediation.
iv) They are open for settlement provided their terms are considered by the other side.
The mediator has to get a feeling of the situation from the verbal cues and body language of the parties, in the first three categories .
Mediator has to address this issue indirectly but very effectively.
How to bring a transformation in the mindset of the parties to participate in mediation with an open mind, keeping aside their decision not to take decision regarding resolution of their dispute through mediation is a great challenge.
PART 2:- To address the same following steps are to be kept in mind:-
- Some elements of opening statement are reiterated.
- Some case histories are mentioned without compromising on issues of confidentiality.
- An atmosphere is set in such a way that parties start getting trust in the process as well in the mediator.
- Their concerns or fears about mediation are delicately questioned and tried to be addressed.
How are the trainees trained in this:
Step 1: Trainer identifies parties to play different roles . Gives specific instruction to each of the parties as to , to which group they belong in categories (i) to (iii) of Part (1) .
2) Asks a trainee to play the role of mediator, and asks her/him to try to bring a transformation in the mindset of the parties, so that they participate with an open mind.
3) Asks the mediator to frame the question/s in mind or on paper before hand and then proceed.
4) Asks the trainee mediator to use two specific techniques (i) Setting an agenda (ii) Setting an atmosphere together with questioning skills.
Note: This exercise is to be used only in advanced courses
“Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat..”
Sun Tzu – Chinese Strategist and Philosopher
(All copyrights reserved by the author S.Susheela)
Training of Trainers in Mediation 