….TOT 184-Training in Systematic use of Techniques

TOT 184-WEEK 184

(TOTIM- TRAINING OF TRAINERS IN MEDIATION)

“Training in  systematic use of Techniques”

(To be applied in  advanced training)

Any technique has to be understood at Four  levels:-

1. Concept behind the technique
2. What exactly  is the technique?
3.  Application part –  Skills to be applied – Why ? Where? How ? and When it is to be used
4. What other techniques that  may have to be incorporated?

Example:- Identifying issues

 Important  part  of mediation lies in identifying the issue which needs to be resolved . The  importance of such issue will have to be identified from the perspective of  each of the  parties.

Asking questions:  What is more important to you? Why?

                                  According to you what may be  important to the other party? Why?

 Party to a dispute  may mention  A, B, C as  very important .. D and E  as not so important- F and G as some thing which cannot be ignored.

Prioritizing

Ask the party to prioritize   which of the issues is more important, that could be taken for  discussion first .   List the same in the order as   indicated by the party.

Set an agenda

Inform the party that you would be discussing  for the present , on only point (A)/First point., as indicated  by the party .

Directing -redirecting- deferring :

Ask the party open ended questions regarding identified  first issue.

Note:It is  advisable  for the  mediator  to note down the questions to be asked , or formulate the questions well before hand

As the party starts explaining , wherever  the party is going to another issue, or  speaking out of context use the technique of Directing and redirecting.

Summarising and

At the end summarise  what is the opinion of the party on the  identified issue.

And set an agenda for the next issue. Follow the same steps as indicated above.   

How to give training in these aspects?:

1. Choose a role play. Identify two parties.
2. Ask each of the parties to explain the narratives.
3. Ask the trainee mediator to go ahead with  private session.
4. Ask the trainee mediator to follow the steps as indicated  above .
5. Wherever the trainee mediator is not using the techniques effectively, trainer may coach  the trainee mediator.

Training would be more effective if one of trainer of trainers takes the role of  party and starts deviating from the topic /issue identified for  discussion, in order to see how effectively the trainee mediator uses the techniques of directing- redirecting- deferring – restatement  etc.

Follow up with debriefing:

Lead trainer has to debrief the whole process , so that in the debriefing the importance of understanding the  concept, content, the techniques, skills and timing  is brought in.

Advantages:

It helps in the best utilisation of mediation time .

Parties know what is happening.

Mediator knows  what is to be done in the given session, and hence will be on track.

The systematic approach  helps parties to think logically and they get clarity  regarding the

solutions that they can  expect for their identified issues.

Professionalism gets demonstrated – parties  find the process as a dignified methodical structured process.  

“If you’re too methodical, too fearful, you’re not going to win. But  the clever thing is to make the calculation correctly about where and when to go over  the top. You’ve got  to know when to push it and when to come back.”

Collin McRae- World Rally Championship Driver’s title winner.

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