Mediation training is teamwork. The success of training depends on coordination between/amongst trainers. Balancing and bridging play a very vital role in mediation training. Some shortages noticed at some point in time may have to be addressed. Who has not done that which ought to have been done and /or who has committed the mistake/s is immaterial. On the other hand, what is not effectively and correctly communicated to the trainees and/or is there a gap in understanding are to be identified. Effective, gentle diplomatic steps need to be taken to fulfill the lacunae.

Top-up Technique

At times, a trainer may not be able to effectively communicate the concept in the right manner to the trainees. An element of confusion, doubt may trouble the trainees. Trainers giving the presentation may also notice it. But, Lead trainer should never fail to take note of it. Lead trainer has to address this issue in an effective manner as though it is a “top up” on what the other trainer had communicated earlier.

Top–up technique helps the trainees to get rid of their doubts/confusions.

It also helps the other co-trainer to learn as to how the concept could have been effectively communicated by her/him at the first instance itself. 

The use of Top-up technique removes the element of threat from the mind of the other trainer. 

TIMING

Generally, this technique is not used as soon as an error or a gap is noticed by the lead trainer. After the day’s session, the mistake is gently brought to the notice of the co-trainer in private. The remedy is also suggested. Later on the next day while dealing with KLP SESSION (Key Learning Point) the lead trainer touches upon this., without letting the trainees know that the earlier trainer had committed a mistake.

However, if the lead trainer feels that very foundation is laid incorrectly, and the whole session may have to be redone, and the same may require more time, then he /she would take up this topic on some other day.

If the original session was of an hour, the lead trainer will give core inputs in not more than ten minutes time, so that the trainees get clarity. 

The lead trainer gently begins with the opening statement “Let me give some additional inputs on the topic ……”, and lays the foundation layer by layer.

CHECKS AND BALANCES

The lead trainer should not take upon himself/herself to teach/present/ whatever the other co-trainer has done from the beginning till the end. But only the identified areas must be addressed. 

The idea is not to expose the ignorance or lack of knowledge or inadequate preparation of the co-trainer but to see to it that the co-trainer and the other trainees understand the concepts with clarity.

The co-trainer should not feel secure but must be thankful that he/she is provided with an opportunity to strengthen his/her ability to have experiences that he/should not have otherwise had. Co-trainer has to consider the lead trainer as another member of the team, who is discharging his/her duty as a valuable contributor to the team.

“The nicest thing about teamwork is that you always have others on your side.”  

Margaret C Carty – Executive Director of Maryland Library Association

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Training in Mediation is ‘Object-Based Training’. The primary objective is to see to it that the trainees equip themselves with the relevant concepts, techniques and required skills in order to effectively play their roles as mediators. It is in this background, what is taught is not more important compared to what is learned.

‘Learning outcome’ is required to be objectively identified by the trainer.

This can be achieved by following the two steps:

1. Creating value during every session of the training 
2. Measuring performance at every stage of the training 

Both of these should go hand in hand.

Creating value 

Unless value is created for the object behind learning, trainees may not get themselves motivated to learn. Hence it is desirable that at required stages, the trainer has to mention 

1. why something is to be done in a given way – and what results can be expected by that 
2. Why something should not be or not expected to be done in any other manner – and what consequences may be avoided. 

Example

Parties are not encouraged to give their options in the very first joint session.

Mediator has to gently avoid parties offering their options at the first joint session.

Effect: Reactive devaluation may set in.

There may be an Impasse.

Measuring performance

Trainer has to constantly observe trainees while they do role play/s and find out whether they have been adopting the techniques and skills introduced to them with a clear understanding of the concepts. 

Wherever the trainer finds a gap – ‘one on one’ coaching may be necessary.

A trainee may demonstrate a very good understanding of 80% of the concepts, techniques and skills. Nevertheless, he/she should be strengthened in the remaining areas also. Each concept/technique/skill has its own potential value in training. Hence the method of overall grading is never appreciated in OBTs/Object based Trainings. Even if one essential technique/or skill is not understood and even if one concept is misunderstood, that may have a devastating effect. Hence there can be no compromise on measuring performance in an objective manner. 

“A good trainer reads the trainees” 

Slamw

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Mediation is a process where persons, their relative problems, and the solutions which the persons involved in the problem expect, all will have to be handled simultaneously. None of these can be ignored by a mediator. However focusing more on any one of these, and ignoring the other two or even one of the three will not yield the expected result/s. 

In advanced training, the trainees are trained in separating the persons from the problems more effectively. And, they are further given training in making the disputing parties understand more about workable solutions. 

It is in this sense that effective use of sub-caucus is more helpful. Segmentation of each sub-caucus is also an effective technique that will be very helpful in assisting the disputing parties to separate the persons from the problem.

Three functional segments

Understanding the person

Segment 1  

Mediator to ask the disputing party to speak about himself/herself. Leading, open-ended questions are asked and the party is encouraged to speak more about his/her nature, personality, positive and negative aspects, employment and financial status, educational qualification, family background, etc. Prioritizing questions are asked to know what is more important to that individual. While asking these questions, the mediator should be cautious not to ask any question related to the problem.

Segment 2

Mediator to ask questions to the party, as to what does the other party think of him/her and why does he /she think so?  How can this party bring a change in the other party’s perception? 

Segment 3

Whom does Party A respect more and look up to, for taking any decision.

Whom does Party A respect amongst the group of persons belonging to the opposite party?

What are his/her fears?

Understanding the problem

Segment 1: Framing questions in such a way to get answers to the following main questions

What according to Party A is the actual problem?

Can there be a different face to it?

Is it a real problem or an imaginary one?

What according to the other side is the actual problem?

 Is the other side projecting a perceived / actual or imaginary problem?

Have both the disputing parties understood the problem in the same manner or is it different for each one?

How does Party A want to define the problem correctly?

What/who according to Party A is the source of the problem? 

Could the problem have been avoided?

What are the consequences of the problem remaining unresolved?

Understanding the solution

Segment 3: Need for resolution of the dispute.

How will it be for Party A if the problem is resolved?

What according to Party A may be the adverse effects of resolution?

What are the solutions expected by Party A? (Vital -Essential-Desirable- VED analysis)

What cannot be accepted by Party A and why?

Whether the solutions expected by Party A will be granted by the Court if the matter goes to Court?

(reality testing)

What will the other party agree to?

What options can be workable for both? ( moving from individual interest towards collective interest)

What is preventing Party A from entering into a settlement agreement?

Trainer has to equip the trainees to ask the above set of questions/or in similar lines to both sets of parties, and sometimes to chosen third parties also.

TRAINER’S ROLE

Give a role play – explaining brief facts of the case.

Ask the trainees to frame questions about each segment 

Ask them to write the same and give it to the trainer.

Ask the trainees to identify the type of the questions they have asked ( ex: specific, convergent/divergent/inch question etc.), and name the same next to the question.

Trainer to evaluate the questions and see 

Whether the trainees have crossed the border and moved from one segment to another.

Whether they have asked effective questions?

Whether the trainees could achieve the primary objective: Making the disputing parties separate the persons from the problems more effectively, and making them understand the importance and possibilities of workable solutions.

ADVANTAGES

Trainees learn the skill of framing questions before actually asking the questions.

They will learn the skill of thinking pros and consequences of asking questions 

Trainees learn the skill of setting an agenda at every stage.

They learn the importance and effective use of sub-caucus.

They learn how to streamline negotiation.

‘Before you do anything, figure out how you are going to do it.’

Slamw

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There cannot be a single answer to the question ‘ What makes one a successful trainer’?

It is the result of the sum total of many. It is the sum total of knowledge, wisdom, maturity, hard work, commitment, dedication, passion, reflection, precision, knowing the value of time, cause and effect and many more.

Many do not reach the benchmark due to some of the following reasons:-

Absence of strategy and hard work

Either there is only hard work without there being strategy. Or, there is only strategy without there being any hard work following the strategy. Many imagine doing many things in order to be very successful trainers, but fail to plan. At times they plan, but do not follow up with the plan.

One of the ways to get over this is to form a group. Have a plan designed together. Work on it. Meet each other and reflect on what is done and what is not done and why? 

Answerability and accountability are two factors which would make an individual stick on to the strategy and work hard on anything.

Raising the level of performance

After a set of training programs, by and large, many trainers start getting a feeling “this is all -that is about training, and nothing more.” The same routine statements, the old slides, very same examples, very same role plays.. standing, sitting, moving in the very same manner in every training …may not work in every training atmosphere. Unless the level of each of the training programs is raised by the conscious efforts of the trainer, neither the training becomes successful nor the trainer. In order to achieve this, the trainer has to constantly work on raising his/her level of performance. A Trainer might have been a resource person for a highly educated group of trainees, and might have been appreciated by many eminent personalities, yet he/she has to introspect and work on individual shortcomings. 

The level of performance can be constantly kept raising if and only if the trainer stops being carried away by the external appreciations and works hard based on the answers one gets to one’s own honest introspection. One has to take action on trimming every part of performance. A wholesome presentation being remarkable is something. But each bit of the entire presentation remaining remarkable is entirely different. Pondering as to why that ‘small bit’ in the entire presentation was not appealable should be the attitude of a trainer. It is value for money, time and energy for the trainees. Trainers are accountable for every minute of time, money and energy, trainees have invested. Trainees look forward to good returns on their precious investments. Trainers cannot shirk away from their responsibility.

Time Factor 

Working on oneself requires a lot of time. That “time” is not something available to any one in a single slot, or even if it is available, can be spent in one single slot. Successful trainers will not have the luxury of overspending their “me time” callously. In order to cut short on spending more time coupled with stress and tension on a given day in the future, it is desirable that, trainer makes use of small bits of time in working on each bit of the training regularly on a day to day basis. 

Example

Five minutes’ slot can be used to think about :-

Which story I can tell while speaking about integrative bargaining?

How do I give pre pre-briefing in the role play “Mr.X Vs W Company?”

When three minutes’ time is left, which funny and meaningful story do I share with the group?

Am I tolerating my flaws or improving them? 

James Clear
Author, Atomic Habits

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Coaching involves a strategy for the development of another individual. It is a process through which desired change in trainees’ performance is achieved. It is not an empty formality. It is not about dos and don’ts of practical mediation.

Trainer , as a Coach should develop strategy of general principles. Then, the trainer has to go ahead with tailoring the same to suit the requirements of each of the trainees. Though general principles of coaching can be learnt and understood by a trainer off the training program, skills of coaching a particular trainee addressing his/her specific requirements is a great challenge. This happens on the spot, and during the training program. This is where the capacity of reinforcement of a trainer comes into picture. 

Mindfulness/ being in the present, is one of the most essential qualities of a wonderful coach.

Pre-Coaching stage

Trainer/coach has to identify what needs to change. Trainer has to coin specific sentence/s (not more than two) to inform the trainee as to what is required to be changed., and where the trainee has to change.

During coaching

There has to be clarity as to what is the expectation of the coach and what the trainee is expected to do or not to do. 

Generally a seasoned Coach would not use the word “ improve”. On the other hand would demonstrate and make the trainees understand what the improvement would look like. What should be done is demonstrated by the coach.

For each of the identified areas, the entire process should not take more than 2-3 sentences.

Coach is not supposed to get into explanatory mode, or enter into interactions with the trainees, while coaching.

After coaching

 Coach has to follow up. Coach has to observe whether the suggested change is implemented. Coach has to make note of the suggestions given. Coach has to follow up on the trainee whether the suggested change is being implemented in subsequent mediation/s /role play/s also. Sustainability of the suggested change in the trainee is something which has to be ensured by the trainer/coach.

TO HAVE THE FEEL

Every trainer should opt himself/ herself to be coached by others. It is suggested that trainers should make a group of 3 -5 and practice role plays before the training program. And, request one of the trainers to play the role of a coach, and submit themselves to the process. This will help them understand ‘how difficult it is for an individual to hear feedback.’ This will help them to analyse how they have to overcome this level of discomfort. This paves way towards becoming an excellent coach.

“Permitting others to give feedback is essential for individual growth”

Slamw

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The main objective of imparting 40 hours’ training in mediation is to see to it that mediators who are capable of handling live mediations, and assisting the participants in resolving their disputes are prepared. It is mainly through “ role plays “ and “simulation exercises”, the synergy between theory and practice is achieved. The presence and active participation of a trainer with each group of participants, while they are doing the role play, is very essential. Giving the role-play information to the participants, assigning them the roles, and observing now and then, giving some suggestions either once in a way or at the end, may not equip and help the trainees much. While constant monitoring is required, and at every stage, even though the mistake committed by the trainee/s is very minor, or major, the intervention of the trainer is a must, at times the participants/trainees may feel very offended, when they are repeatedly corrected by the trainer. They may find the process very disrespectful. As trainees are adults, after repeated corrections within a span of five minutes’ time, they may feel humiliated and defeated. They may shut their eyes to further suggestions if any. Nothing is received by them, in spite of the best efforts by the trainer/s. At times coaching turns out to be a disaster to the objective of training. Thus often coaching becomes a great challenge to the trainer/s.

Following tips may be followed to overcome this challenge

1. Never forget that coaching is a sensitive process.
2. Never forget that the trainees are matured adults.
3. Never be disrespectful to the trainees.
4. Never begin the coaching without pre -briefing

Creating interest

Inform the objective of coaching

Preparing the mindset

Inform what all will be done during the coaching process.

Inform why corrections are made then and there.

Why the remedies suggested must be followed and demonstrated then and there, by the trainees.

Removal of negatives

Inform them that it is not a fault-finding process.

Inform them that strict coaching will help them in getting molded as excellent

Mediators.

Inform them that in actual mediations there will be none to correct them, and yet they are not expected to commit mistakes.

Inform them that the trainer has nothing personal against any of the trainees and that the trainer is helping them through the coaching exercise.

BEST PRACTICE

When the trainer notices that a particular trainee, playing the role of a mediator is getting offended whenever he/she is corrected, try to make the same trainee as a coach, and some other person as mediator. Make that first mediator trainee stand next to the trainer, and identify the mistakes committed by the next trainee mediator, and suggest remedies, and make the next trainee, implement the suggestions. This will make the first mediator-trainer overcome the feeling that ‘he/she is not targeted’ but it is a fair learning process. Others will also feel comfortable about the corrective process.

Body language

Calmness, composure, leaning forward, low voice, smiling face, helpfulness.

Avoid the authoritative approach. 

Primary Reason for failure of coaching exercise

Not spending time on (i) Pre briefing (ii) Preparing the mindset of participants (iii) Explaining the objectives of coaching. 

“Coach offers the head and shoulders for the coached to climb up the ladder of success.”

Slamw

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Pointers are used in Training programs:

1. To lead the participants to a point.
2. To refresh the memory of the participants.
3. To make them recap the important aspects dealt with.
4. To enable them to remember the concepts easily.
5. To reach to a point without beating round the bush.
6. To enhance retention capacity of the participants.

Pointer Simplicitor

Such type of pointers will not have any explanation/s associated with.

These are virtually like headlines.

Example

Different types of bargaining (a), (b), (c) (d)…

Pointer with very brief explanation

In this type, after the point to be noted is mentioned, a single line explanation follows

Or an example in a single line follows 

Example

Neutrality – conflict of interest
Panel advocate of a bank cannot mediate, where that bank is a Party.

WHEN ARE THE POINTERS USED

TO FILL IN THE ALLOCATED AND AVAILABLE TIME

Pointers are often used as FILLERS. When five minutes’ time or less than five minutes’ is left, pointers are used. Some professional trainers who want to maintain the time schedule effectively, even if two minutes’ time is left, do not close the session, but use the same for one or two pointers.

TO BRIDGE THE GAP

When the lead trainer finds that there is overloading of information by a trainer, and participants are not catching anything in specific, makes use of the pointers to bring home the point.

DURING RECAP

Pointers are used during recap to bring home the point/s dealt with on the previous day/s.

DURING PRE-BRIEFING

Trainer informs the participants as to what is required to be done by them during role plays/simulation exercises etc.

DURING DE-BRIEFING

Trainer refreshes the memory of the participants regarding theoretical concepts, and how they effectively made use of the same or failed to make use of the same during practical.

Example

Reactive devaluation
Explanation: Mediation to hide the source of offer

AT THE END OF THE DAY

Trainer marks five points and tells them one after the other.
Revisits each of these one after the other. Gives a single liner example to each of these.

DO’S AND DO NOT’S 

Pointers are also used by the trainers to enlighten the trainees about dos and do nots of mediation and of mediator.

Instead of having a separate session for this in 40 hours’ training program, five minutes’ time is allocated on each day of the training to do the same. 

The points related to that day’s topic, or topics covered on the previous days will alone be used by the trainer.

CHECKS

Trainer should not get into talking mode explaining a simple point in several sentences.

Trainer should choose a direct point

Where a complicated concept is dealt with, pointers are to be used only to mention the heading/title.

TOOLS

Pointers can be given in the form of:

1. palm chart/s
2. By displaying on the slides
3. Writing on the white or blackboard.

“Pointer takes out something moved under the carpet.”

Slamw

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Mediation is a facilitative process. Mediator plays the role of facilitator. Mediator facilitates the parties to arrive at a solution at different levels. One of the important aspects of training in mediation is to equip the trainees to know the art of facilitation. Sufficient inputs have to be given to the participants so that they can inculcate facilitation as an inseparable skill.

How to achieve this?

Trainer chooses a topic for facilitation. Topic chosen should have scope for discussion. It should necessarily have two or more views or perspectives. Trainer should throw it open for discussion. Trainer’s role is only to control the process, streamline the discussions, direct and redirect, filter, defer and thus facilitate the entire process. At the end the trainer gives a summation. Trainer draws the essence of one stand point and presents it to bring clarity. Then the Trainer draws the essence of another standpoint and presents it to bring clarity. Like this, different viewpoints are summed up by the trainer. Objective of the facilitation process is only to make persons with different perspectives/viewpoints/understandings express the same for consideration in a neutral atmosphere, in the presence of a neutral person.

Once summation is done, the Trainer will ask, “Whether Mr.X having opinion ‘A’ would like to switch over to Opinion ‘B’ expressed by Mr.Y? 

Trainer permits them to exercise their autonomy to agree or disagree.

How does this help in actual mediation?

Even in actual mediation, the mediator collects view points on a disputed issue from each of the parties, and other participants. Places the same for consideration of all of them with an open mind. View points of one may be accepted by the other after the same is supported by acceptable reasoning. A person who was strongly opposing a particular viewpoint, may change his/her opinion. 

In actual mediation Mediator can do this facilitation process in private session, amongst a group of one set of parties, where the mediator feels that there are divergent viewpoints between/amongst them.

Mediators can also do this in a joint session, requesting parties and participants from both sides to participate in such a facilitation process. 

GROUND RULES TO BE LAID BY THE MEDIATOR BEFORE COMMENCING FACILITATION

1. Give your view point – at the first instance.
2. Give your strong reasons (not more than 3) in support of your view point.
3. Listen to the other side.

After the mediator sums up:

1. Contemplate.
2. Agree or disagree gracefully.

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Pomodoro technique is a time management technique propounded by Francesco Cirillo, a German Italian Programmer and a global specialist in mentoring. Its name originates from a tomato (Promodoro in Italian) shaped timer. 

It helps an individual to concentrate and focus on things to be done at the present, without allowing the boredom factors or restlessness to distract. It makes the competition of a task enjoyable.

A timer is used to break any task/work into intervals of 25 minutes in length with a short break of five minutes in between.

The same method can be applied in the mediation process with suitable changes.

Pomodoro Technique helps a mediator to improve productivity with in the available time. By applying this method Mediator can see the result and progress after each session. Uncontrolled non productive lengthy sessions causing fatigue to the mediator and the participants can be avoided. 

STEPS

1. Identify the task.
2. Divide the task into “X” number of sessions
3. Allocate time for the same.
4. Keep the timer.
5. Once a session time gets over, do not continue it for any reason.
6. Give a break of five minutes 
7. Move on to the next session.
8. Follow the same till the end.

Trainer’s role

While giving the role play trainer allocates maximum time for each of the stages.

1. Opening statement: 10 minutes
2. Joint session: 15 minutes for each of the parties and respective counsels
3. summing up: 5 minutes
4. Private session: 25 minutes with each of the parties 

Trainee playing the role of mediator is asked to keep the timer and work.

This helps the mediator and other participants to complete the role play on time.

The same methodology with suitable changes can be asked to be applied in actual mediations.

The number of sessions and allocation of time for each of the sessions is to be decided by the mediator using the technique of “setting the agenda”.

Mediator informs the parties/participants in mediation about the time allocated. If something remains incomplete, a further slot can be allotted by the mediator for the same. However once specific time is allotted, that session has to be completed on time. Next session for continuation may have to be rescheduled. It is not desirable to continue the same session beyond the allocated time. 

Adopting this technique ensures transparency, impartiality and procedural Justice. It reflects professionalism on the part of the mediator. Even participants/disputing parties get to understand that mediation is a structured and guided process. When something needs to be done in a given time, people work with focus. They start thinking and working on what is important.

“Time isn’t the main thing. It’s the only thing.”

Miles Davis
American Trumpeter, Bandleader, Composer

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Pre briefing is done before the roleplay is begun. Debriefing is done after the entire role play is completed or after each stage in the role play is completed.

Pre briefing gives a road map to the mediator – as to what needs to be done.

Debriefing makes the mediator understand what was rightly done, what was not done, What ought to have been done etc.

What debriefing the trainer tells the mediator:

1. If there was an incorrect understanding of the concept/s, which was reflected in the conduct of the mediation process by the mediator.
2. Whether the mediator used the right techniques and skills?
3. If not, where did the mediator err?
4. What ought to have been done and when and how?
5. What should not have been done and why?
6. Areas in which the mediator has to improvise.

The objective behind pre-briefing and debriefing:

If the trainees are introduced to this process of pre-briefing and debriefing, in their actual mediations they will incorporate the principles of pre-briefing and debriefing.

Using the technique of Pre briefing:

Mediator will begin each and every session with a road map- as to what needs to be done and how. The mediator will have plan A and B and Plan C also, if the situation so demands.

Thus the mediator gives a self pre-briefing to himself/herself as to what needs to be done and why. This is virtually effectively using the technique of ‘setting an agenda’.

Using technique of debriefing:

This is a process of personal reflection. After each session mediator does a debriefing to himself/herself. The mediator takes stock of what went on well and what did not go well, and what was the reason for the setback.

Even after the closure of mediation, even where the mediation has ended with a settlement agreement, the mediator should not miss on this process of debriefing.

Mediator has to reflect on : 

1. What was the best part of said mediation?
2. What made the parties enter into a settlement?
3. Where did the mediator bring a touching difference in the process of resolution of the dispute by playing the role of a facilitator?
4. Whether there was any impasse? What was the type of impasse? How did the mediator assist the parties to break the impasse?
5. What more could have been done by the Mediator, notwithstanding the fact that the matter ended in the settlement?
6. What could have been avoided by the mediator?
7. Where did the mediator go wrong?
8. In which area should the mediator improvise?

Trainer’s role:

As more and more role plays are being introduced to the trainees, after meticulously following the process of pre-briefing and debriefing before and after each role play, the trainer has to tell the trainees as to how the pre briefing and debriefing practice has to be internalized by them, and they should be doing it before and after every session in every live mediations.

“Let’s hear it for the essential daily briefing, however hollow and empty it might be. We’ll do it.”

Donald Rumsfeld
American Politician

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