Setting an agenda is a wonderful communication technique. When this is required to be used as a skill one should have worked a lot on it. This is an under surface communication skill which does not get noticed explicitly. However one can feel the essence of it , when a trained mediator who has mastered this skill effectively uses this skill in mediation. It is always a challenge to the trainer to train the trainees in this specific skill.
Setting an agenda is part of strategic management of each of the mediation sessions. In mediation the direction may not be visible all the times. Each of the parties, at times even the third parties may be trying to lead the mediation towards a goal as identified by each of them . However it is the mediator who has to understand this strategy of each of the disputing parties and third parties, and then set an agenda, which moves all of them towards resolution of the dispute.
As a first principle , ‘Setting an agenda’ can be understood as ‘Preparing the time table’. ‘What is to be done next’ must be visualized by the mediator, written on the paper and then projected on the mediation table as part of mediation process.
Following steps are helpful:-
- Identify the problem
First step is to see (a) What exactly is the problem
(b) Whether both parties have the same problem
© Whether both parties are looking at same solution
Example :After 2-3 sessions mediator understands that
Party A wants divorce and alimony
Party B wants reunion.
Both PARTY A and Party B want the individual custody of children.
In this scenario Problem of Party A looks opposite to that of Problem of Party B. Their expected solutions also differ.
2. Understand the reasons
what actually are the reasons (according to each of the participants) for the problem?
Discuss with each of the parties about reasons based on which they have identified the problem.
3.Choose and Exchange the reasons
Mediator may choose some of the reasons and exchange the same ( after taking permission), hiding the source ( by avoiding even the least chance of remote effect of reactive devaluation).
4. Re-Structuring the problem
Mediator to assist the parties in restructuring the problem if required.
(i)See whether every one sees the problem as the same.
5. Towards solution
Mediator to assist the parties in restructuring their expected solutions:-
Assist them to see : (i) Even if the problems are different whether a common solution can address the problems of both.
Preparation:
For each of these steps 2-3 vital questions – navigating points have to be identified by the mediator. It is ideal to note them down on the paper and then proceed.
Trainer’s role:-
- Choose a role play.
- Ask the chosen parties to give their narratives
- Ask the trainee mediators to follow the procedure laid down in steps (1) to (5) .
Note: (This method is generally adapted in advanced training courses only)
“The essence of Strategy is choosing what not to do.”
Michael E. Porter- American economist and founder of strategic management.
(All copyrights reserved by the author S.Susheela).
Training of Trainers in Mediation 