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Advancement in technology can be effectively used in Mediation Trainings.

Opening statement

After a session on importance and components of opening statement, and after demonstration of opening statements by some trainers and participants, the others can be asked to send their recorded opening statements.

The recording may be made individually, or as a group, wherein one of the mediators will be a mediator, and two others will be parties etc. 

The same may be asked to be sent to the trainers and also to the co trainees/co participants.

Each of the trainers and the co participants may be requested to give constructive feedback on the opening statement delivered by the participant., by way of whatsapp message .

The participant is also asked to make a self assessment. 

If number of corrections suggested by the co participants/trainers is more,the participant may be requested to try to re do the recording again. 

Advantages

1. All the components of opening statement get internalized by the trainee.
2. Lots of time is saved.
3. Participants learn to give and receive constructive feed back

Restatement

General case history be given to all the participants.

Narrative by Party 1 is given.

The Trainee Mediator is asked to make restatement, record the same and send it to other trainees and trainers.

The trainers and other trainees will be requested to send their feedback.

The feedback is directed to be regarding the components of the restatement. Whether the trainee mediator, while doing the restatement, effectively used one or more of the communication skills like summarizing, paraphrasing, filtering, deferring, acknowledging, reflection, and /or neutral reframing if any.

Whether the expressed position and interest of the party is identified by the trainee mediator or not. 

Advantages: Theoretical concepts behind each of the techniques /skills used in mediation get strengthened.

Trainees will understand that no part of mediation is to be taken casually.

They understand the nuances of summarizing which has several other skills interwoven in it.

They try to introspect about their strengths and weaknesses.

Difficult Part: In order to follow this method, lots of planning and home work is required on the part of the trainer. Trainer has to constantly remember that ‘Professionalism cannot be compromised.’

 “Introspection and Reflection act as powerful catalysts in personal growth”.

 Gour Gopal das

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TOT 126

WEEK 126

Shadow training and Supervised Mediation.

Irrespective of the length of training, or number of trainings one has undergone, participation in live mediation/s helps a lot in strengthening the acquired skills and building confidence. 

After basic training in mediation, it is advisable to go through the following steps:-

1. Request the trainees who have completed minimum forty hours of training in mediation to form a group of five and participate in role play, record the same and send it to the trainers for their feedback.
2. Request the trainees to participate as shadow mediators in mediations handled by trained mediators and follow at least 3 mediations by each of the trainers. Minimum of ten mediations keenly observed by the trainees will have its own impact. 

Essentials of Shadow training:

1. Trainee to note down the case history in brief.
2. Follow the mediation proceedings meticulously.
3. Note down by name each of the techniques and/or skills used by the trainer/mediator.
4. If a particular technique/skill could not be identified, request the mediator to help them identify the same by name. 
5. Identify the areas of impasse
6. Note down how the impasse situation was overcome
7. Suggestions if any, which the trainee wants to give to the trained mediator.
8. Get the doubts clarified.
9. A summary of entire mediation process.
10. Identify the areas of value additions.

Role reversal:

After sufficient number of shadow trainings are taken, the trainee is assigned with live cases. The trained mediator takes a back seat. Makes notes as observer, and hands over the note sheet to the trainee. The entire mediation process is supervised. The supervising mediator will act most of the time as a silent observer. 

The observer’s note sheet should essentially have the following:

1.  The case history in brief.
2.  Whether the trainee has followed the procedural aspects meticulously.
3. Whether the trainee knows the importance of each of the stages.
4. The techniques/skills used by the trainee- when and – how
5. Mistakes/ Errors committed by the trainee.
6. Areas in which the trainee needs improvement.
7. Areas in which the trainee is good/ excellent.
8. Whether the trainee needs further shadow training?
9. Theoretical aspects /concepts in which the trainee needs further training.
10. Suggestions if any , which the trainer /trained mediator wants to give to the trainee mediator.
11.  Final Opinion about the entire mediation process.

Shadow training and corrections and/or suggestions by observers can be made part of refresher and advanced training courses in mediation.

Advantages

1. Both the trainer and trainee get trained in the process.
2. As something is required to be put, and actually put on paper, before and after writing, both will have fair chance of introspection.
3. In the process of assessing others ‘ performance, the trainer becomes self-conscious about being very meticulous and professional while discharging the duties as a mediator. 
4. Both trainer and the trainee get acquainted with identifying the techniques/skills by name, and how when and where the same can or cannot be used.

“The observer, when he seems to himself to be observing a stone, is really, if physics is to be believed, observing the effects of the stone upon himself.“

Bertrand Russell
English Philosopher

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(This technique is introduced in advanced courses)

When there is an impasse, it is always advisable to have an action plan to assist the parties to overcome the impasse.

An action plan is prepared by the mediator and then discussed with the parties.

Example of an action plan:-

WHAT IS REQUIRED TO BE DONE	WHEN	WHO HAS TO BE INVOLVED
1 2 3	Immediately Later Discussion with A, After meeting with B	A. B.

Once this action plan is prepared, the mediator has to speak to each of the parties.

1. Introduction: Introduce the specific process
2. Explain the objective of meeting
3. Get the agreement of the party to discuss
4. Motivate the party to discuss 
5. Convey the message to be conveyed, and Points for discussion
6. Decision – Ask the party to give his/her decision on alternatives
7. Summarize- restate 
8. Discuss the next possible step ( so that parties do not give away the hopes of settlement). 

“ Working on paper before working on human beings is a safer option”.

Slamw

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DI Method, the Direct Instruction method is developed by Siegfried Englemann and others.

DI method recommends the following:

1. Breaking the complex skills into atomic components
2. Illustrate each component with examples.
3. Asking the students/trainees to practice more on each component.

How to adopt DI in Mediation Training:

Example:
While making restatement.

The mediator listens to the narrative given by each of the parties and then proceeds to make the restatement. 

The mediator gives the gist/summary of the narrative. 

But such summarizing will have within it several other skills interwoven.

Some of the following skills are used while making restatement: Summarizing: Paraphrasing (simplicitor or verbatim), filtering, reflection, neutral reframing, acknowledgment, etc.

A perfect restatement will have all these and at times some other skills integrated into it.

The trainer introduces each of these skills to the trainees. Gives several examples for each of the skills. Asks the participants to give more and more examples. And makes them get a perfect hold on each of the skills.

Once the trainee gets hold of all the skills, the trainer asks the trainee to integrate the required skills in his/her restatement.

ADVANTAGES

1. Complex topic becomes easier to understand.
2. Learning does not become stressful.
3. Theoretical knowledge gets integrated into practical knowledge.
4. Each and every component of a given topic stays strongly rooted in the learner.

“You don’t have to see the whole staircase, just take the first step.”

Martin Luther King Jr.

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DIVISION

Divide the main topic into sub topics for consideration 

1…

2…

3…

(Dividing the topic into sub-topics keeps the trainer and trainees on track)

FOCUS ON ONE THEME AT A TIME 

Focus on one main idea or one theme for each sub-topic.

(Focusing on one theme at a time avoids confusion)

USE EXAMPLES 

Use apt, easily understandable examples for each idea or theme 

(Examples drive home the point quickly)

REPEAT

Repeat whatever is stated.

(Repetition helps in reinforcement).

SUMMARISE

Trainer can summarize 

Or

Can ask the trainees to summarize.

(Trainees can be asked to write down what they have learned. Summarizing helps in confirmation.)

Determining to be methodical is the first step. Methods may vary.

Slamw

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How people go mad when they meet with situations that are completely unexpected and uncomfortable is something that cannot be ignored. During the training, mediators have to be given first-hand experience of a glimpse of such situation/s in order to understand and empathize with persons who would have undergone /be undergoing the chaos – turmoil in their lives.

TOT 122

WEEK 122

“Handling unexpected – uncomfortable situations”.

How people go mad when they meet with situations that are completely unexpected and uncomfortable is something which cannot be ignored. During the training, mediators have to be given first hand experience of glimpse of such situation/s in order to understand and empathise with persons who would have undergone /be undergoing the chaos – turmoil in their lives.

Short simulation exercises are used for this.

Example

On the third or fourth day of the training program, the training room should be kept purposely locked. Trainees should not be able to find any source of information as to why the room is locked. How each of the trainees behaves is to be watched. If possible video recording has to be done. Even one or two trainers can be standing with the trainees, expressing their own anxiety (without letting anyone know that everything is stage-managed). After ten minutes, the concerned person should be requested to come and open the lock.

Display the recording and ask relevant questions 

After all the trainees are comfortably seated, the trainer can play the video on the screen. Request the participants to watch.

If video recording could not be done, ask each trainee what did he/she do/said? 

Ask the following or any other relevant questions 

1. Ask each of them whose behavior could have been different
2. Whose behavior was disproportionate 
3. Ask each one to identify their own emotions or feelings (Angry, disappointed, surprised, frustrated, annoyed, humiliated, etc..) 
4. Did anyone ever think that the whole thing was stage-managed? 
5. If not, why did not they think along those lines?

Debriefing 

Tell them the purpose of the exercise

1. How do different human beings respond /react differently to the same situation?
2. How do they proceed to think vertically than thinking laterally? ( Thinking out of the box)
3. How emotions take over reasoning and make an individual helpless and at times foolish 

Checks and balances

1. This simulation exercise has to be done very professionally.
2. The trainer must spend quality time with the authorities concerned to arrange for this practical exercise.
3. Someone should have been requested to videography everything without making participants know about it. 
4. Before displaying the video, the trainer has to inform the participants that “it is only for learning purposes the video was taken and not to hurt anyone.”
5. Questions must be kept ready and displayed on the screen for participants to answer one by one.

When is this exercise used? 

In a session on handling emotional outbursts

Or understanding emotions.

In a session on the difference between reacting and responding. 

In a session on lateral thinking.

“Experiential learning helps one understand what one is and is not”.

Slamw

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Trainer has to be prepared with several types of narratives. Following are some types of narratives that may be used in training.

1. Story-narratives.
2. Exercise narratives
3. Humour narratives
4. Case history narratives
5. Narratives about situations

How is a narrative given? 

Choice of narrative

1. The trainer has to make a proper choice of narrative based on the topic to which the trainer wants the message from the narrative, to get connected.
2. Every narrative should compulsorily have some message related to mediation to be communicated.
3. The message can also be an implied message.  
4. The beginning sentence of the narrative and the ending sentence of the narrative should be very carefully chosen.
5. Any narrative which has the possibility of hurting the sentiments or feelings of trainees must be avoided. 

Introduce the title of the narrative

Ex. Let me take through the case history of a dispute between father and son about 

      their partnership business.

Ex. Let me take you through a small simulation exercise to show the importance of collaborative bargaining.

Ex. Let us all  go through a  small ice breaker 

Tell about its importance 

It can be said either before beginning the narrative or after completing it or at both times.

When it is said in the beginning, their seriousness and commitment toward learning get increased. 

When it is said in the end, they can easily co-relate the essence to the topics dealt with in the training program.

Proceed with the narrative

Give the narrative very briefly in not more than 10 sentences. It is ideal to keep the same written down on a palm sheet ( one sentence below the other).  The narrative must be clear and brief. It should not have any room for doubts. The narrative should be able to reach the participants very quickly and easily.

The trainer should not get into explanatory mode while giving the narrative.

Voice-pace-pause

The narrative should be given slowly. There should be a compulsory pause after each sentence. Punctuation has to be taken note of. Modulation in voice should be kept on watch. 

“A narrative is like a room on whose walls a number of false doors have been painted; while within the narrative we have many apparent choices of exit. But when the author leads us to one particular door, we know it is the right one because it opens.

John Hover Updike
American Novelist-Poet

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TOT 120

WEEK 120

“SLIDE PREPARATION”

METHOD 1:

The only Main topic and different sub topics are mentioned., as bullet points.

Each sub-topic is mentioned in a separate slide.

Under each sub-topic, subcategories are made. Headline of each category is mentioned.

Ex: Main Topic CONFLICT

Subtopics: Definition

When does conflict arise? 

(1) Needs (2) Interests (3) Values (4) Goals

Difference between Dispute and conflict 

Example(1) … case (2) …case

Management of conflict: (1) (2) 3) 

Resolution of conflict: 

1. How to resolve conflict
2. Why should it be resolved
3.  What if it is not resolved

Simulation exercises : 

1.  Husband and wife
2. Employer and employee
3. between Partners of firm 

Advantages 

The trainer is always kept on track

Slides are neat and brief

Professionalism gets exhibited

Management of time becomes easy

METHOD 2:

“Writing lengthy sentences”

This is used : 

1. while defining anything.
2. to avoid possibility of getting confused 
3. To provide clarity
4.  avoid exertion to the trainer
5. To avoid unnecessary questioning

Definitions are given using this method 

For example: 

1. What is Mediation? What is a circular question? What is a strategic barrier etc
2. Exercises/ problems are given following this method

Ex. Nine dots’ exercise (nine dots are put on one side of the slide, Instructions are given on the other half of the slide in 3 short sentences)

Caution: Each slide should not contain more than 5 sentences 

Choice of Font size must be between 18- 22.

There should be sufficient gap between words.

Punctuation must be taken care of.

METHOD-3

On the spot slide preparation 

While roleplay is going on, and everyone is watching, the trainer gives headnotes

Ex: Mediator is (i) laying ground rules (ii) Telling about confidentiality..

1. Asking open ended question 
2.  Asking convergent question
3. Preparing ground for negotiation.(setting the atmosphere)

Etc.

This runs like a commentary.

Advantages: 

Participants understand the nuances of practical mediation

Theoretical and Practical inputs get synchronized.

Participants learn to identify the technics/skills by name.

The Professionalism of the trainer gets demonstrated. 

 “The bullet doesn’t need a horn. Its Dugg-Dugg is enough.”

Royal Enfield Quote

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TOT 119

WEEK 119

“Giving training in Directing and redirecting”

Every person wants to be heard. Disputing parties make use of the mediation sessions to vent out their emotions. They start from day one of their life. Often the narrative goes everywhere under the Sun. Nothing constructive comes out from the sessions. It is under these circumstances a mediator may have to excel in the skills of Directing and redirecting.

Every person wants to be heard. Disputing parties make use of the mediation sessions to vent out their emotions. They start from day one of their life. Often the narrative goes everywhere under the Sun. Nothing constructive comes out from the sessions. It is under these circumstances a mediator may have to excel in the skills of Directing and redirecting.

The following steps can be followed:

1. Setting an agenda

• Informing the party as to which points/issues will be taken for discussion
• Noting down the same as a, b, c etc.

2. Prioritizing

• Finding out from the party which amongst the issues chosen for discussion is more important, less important, and of no consequence.
• If the party informs that every issue is important, then request the party to choose which of the issues should be taken for discussion first.
• Noting down the issues on a note sheet, as per the choice made by the party.

One issue at a time

• Taking one topic after the other 
• When parties try to speak on topic other than the one chosen, the note sheet may shown to them, and they be assured that the other point will be taken later (Technique of deferring is used here). Parties are redirected to the point under discussion.

Mediator’s homework

Once the points for discussion are chosen by the party, the mediator has to note down what probable information may have to be gathered from the party under each issue taken for discussion. 

Keeping that note sheet on hand for guidance, discussion can be channelized by the mediator.

Advantages 

• Unnecessary talking will be curtailed.
• Parties take responsibility for what is to be discussed.
• Parties are always helped to be on track.
• Professionalism gets reflected.
• As the agenda is set in consensus with the party, deviation gets avoided.
• In multi-party, commercial disputes involving high stakes, what is important to each of the parties and to third parties gets reflected. 

How is this technique introduced in mediation training?

• In the chosen role play, person playing the role of mediator is asked to work on each of the three steps (setting an agenda, prioritizing, one issue at a time) with the parties and make notes. 
• Participant playing the role of Mediator is asked to give bullet points regarding information to be received from the parties.

NOTE: It is ideal to introduce this methodical structuring of the mediation session/s in refresher course/s or in advanced trainings. 

“Direction helps where to go. redirection helps to focus only on that”.

Slamw

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TOT 118 

WEEK 118

TRACK SHEET

Training in “Summarizing after and before commencing the next session”.

(This technique is introduced in refresher /advanced courses)

The technique of summarizing is introduced to the trainees in their basic training in Mediation. 

However, it is necessary that trainees are informed about the necessity of summarizing at the end of each session, what they heard the participant/s say in their statements. So also it is equally necessary to summarize what was informed to the mediator in the previous sessions and then go ahead with the session on hand. 

Two steps are generally used by experienced mediators:

Repeating what was stated:

At the end of each session the mediator tells the participant/s, “Sir/Madam in this session you have discussed about a)….(b)…(c)…..”

Getting confirmation: 

Before commencing the next session the mediator tells the participants, “Sir/Madam, on the previous occasion you have discussed about a)……. b)…. c)……

Would you like to add anything more to any of these?

Would you like to withdraw on any one or all the concessions you had given?”

The first statement strengthens the confidence of the participant in mediation. The participant feels safe that the mediator remembers or keeps track of what was stated to him/her. 

The two questions mentioned above will give them an opportunity to rethink what they stated earlier.

Once the negotiation has started, the mediator has to make note of what were the key issues discussed. A small table as below can be maintained in the Track note sheet:

Date	Who ( party/third parties/ experts etc) said what	Whether party wants to withdraw or confirm

Maintaining such Track Note sheets will help the mediator :

1. In streamlining the negotiation process. 
2. In tracking the events
3. In demonstrating the professionalism
4. In directing the parties towards taking decisions 
5. In demonstrating that they are given complete freedom to withdraw their offers
6. In avoiding the parties repeating whatever they had said in earlier session(s)
7. Making the parties understand on their own as to whether there is any progress in mediation or not.

Personal benefit 

Mediator will also know whether there is any value addition in each of the sessions or not. Where there is no progress, mediator can think of setting different agendas, and make use of different techniques and skills to facilitate resolution of dispute. 

Challenge

Mediator has to make very short points in column 2.

While referring to each point, must not use more than 2 sentences.

How is this technique introduced in training?

A role play is given.

As the role-play proceeds, the mediator is asked to make note of the key points in the note sheet. Refer to the same at the closure of each session and the beginning of the next session.

Filtering is a necessary technique that is to be included while making restatement. Only the key point from the narrative leading towards resolution are to be identified.

All the participants may also be asked to note down the key points.

Lead trainer has to give his/her feed back on the key points prepared by each of the participants. 

“Being on track is a professional necessity. Any compromise may give imaginary satisfaction of going everywhere, without actually leading anywhere.”

Slamw

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