Role play by resource persons will give an insight to the participants about practical nuances of mediation. Some may emulate it by observing the mediator ( one of the resource persons). The participants may also learn how each of the resource persons stepped into the roles of the parties during the role play, how each of the resource persons took leap into that role’s life and how the role play looked like a real life situation. How each of the resource persons was serious about the individual role and responsibilities. 

However many times, the above aspects or many other aspects may not have been observed or noticed by the trainees. Some aspects which needed complete attention may have been just ignored. It is under these circumstances the de briefing by another resource person regarding the role play enacted by the resource persons, finds its importance.

Debriefing should go in a systematic manner.

The trainer who does the debriefing must have watched everything that goes on in the role play demonstration meticulously.

It is always desirable that one who was not one of the participants in the roleplay, does the debriefing.

The resource person playing the role of mediator may have used several techniques which are yet to be introduced to the trainees, or may have used the techniques that are already introduced to the trainees. The debriefing trainer has to bring back/refresh the trainees, about concepts/techniques/skills which were introduced to them in the earlier theory session/s, and make them understand how well the concept/technique or skill was used by the mediator. Regarding the skills /techniques that are not yet introduced to the trainees, the debriefing trainer may name those/label those and tell the trainees that these concepts/techniques/skills will be introduced into the forthcoming session/s. However it is ideal no to touch upon those, but leave it to be revisited by the faculty dealing with theoretical aspects.

Example of debriefing

1. Please recollect:

• How the mediator was using different tones, while giving the opening statement? Mediator did this… this..
•  Did you notice how the mediator controlled the emotional outbursts of the plaintiff?
• Let us visualize how the mediator controlled the language used by the advocate representing the defendant?
• Did you notice how the mediator used the technique of reflection while doing the restatement ?
• Did you notice how the mediator reiterated some of the ground rules when the plaintiff was violating the same?
• Did you notice that the mediator was not asking one question after the other but was waiting for the other person to complete, then frame the question, pause , and then only ask the question?

The above are some examples of in debriefing a proper connection is brought between theory and practical by the trainer who is doing debriefing. 

De briefing may also have to be done about the roles played by other participants in the role play. What was the challenge thrown by a given participant to the mediator ? 

Debriefing is not repeating verbatim what all the mediator did.

It should not be lengthy.

It should be done in single or two liners.

It should come in a chronological manner, one after the other, from the beginning till the end.

“I am into emulation, not imitation.”

Chuck Inglish
American Rapper

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Many may have a deep desire to be excellent trainers. They may presume that they have worked very hard on the theoretical components. But when it comes to delivery / practical, they may fail or their performance may not be up to the expectation. 

Before signing up for any training program it is always expected that the trainer does a rehearsal. If the trainer is at the budding stage , he or she may have to do a rehearsal / or a practice session with the co trainers, or his/her peers. Even a seasoned trainer may have to have a recheck on his/her competence to deliver.

Rehearsal in the perspective of mediation training would mean revisiting the concepts, revisiting the methodology to be adopted during presentation, revisiting the nuances of imparting practical training.

In the very first or second session when a trainer gives his/her opening statement, if it is not up to the mark, many trainees may take out these trainers from their list. Notwithstanding the best efforts put by the trainer, thereafter , the trust does not get restored. Trainers giving training in mediation cannot take the trainees for granted. With the advance in technology many might be knowing the nuances of mediation. Many may have watched several demonstrations of opening statements by different mediators on the screen or when they had participated in live mediations, as counsel/s representing the disputing parties. Trainees might have gone through literature available on nuances of mediation.

Trainer has to be very careful while making any statements in the opening statement. There should not be room for any doubt. Only that statement about which the trainer is very confident can be informed. There may be instances, where after listening to the opening statement , parties may opt for change of mediator also. 

It is desirable that the trainer writes his /her opening statement, and then gets the video or audio of the same recording, and watch it or listen to it, and improvise the same if need be.

Mistaken notions

“I have mediated hundreds of mediations. Hence I need not work on my opening statement.

One need not worry too much about the opening statement.

I can be very casual about it.

Opening statement is a forgiving process, I can add anything later. Any omission on my part can be addressed later. 

I can clarify if I have made some incorrect statements.

I have to reproduce what I know.”

Underlying factors

Trainer gets connected to trainees through his/her opening statement as this is the first step in their practical journey.

In turn trainees learn to connect to the parties and other participants when they are doing live mediations. If the foundation is not laid properly, they may not be accepted as mediators by the disputing parties or by the counsels representing the disputing parties.

Foundation for building trust in mediators and in the process of mediation can be laid at the first instance by the mediator only through Opening statement. 

Spending minimal quality time on this area of making an Opening statement will avoid many negative impacts. 

“Five minutes more today is fifty minutes less tomorrow”.

Slamw

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By and large trainees who undergo training in mediation are adults. Positive and negative reinforcement, which are components of any adult learning process, can be achieved through meticulously training the trainees in practical aspects. This does not mean that theory part of the learning process need not be given importance. Through training, one gets to know what needs to be done, how and why and when. What needs to be done and why it needs to be done ,can be introduced through theoretical inputs. How, when and where something has to be done, essentially gets reflected in the practical part of the training program. It is in this context that, equal or at times more importance is to be given towards practical than on the theoretical part of training, up to a certain stage of learning.

Time has come for us to have a separate faculty for practical training. All may not have competence to be wonderful speakers. They may lack presentation skills. But some may be good in the practical aspects. Some may be excellent mediators. Some may be good in teaching skills on a ‘one on one’ basis. It is suggested that the lead trainer takes a team of resource persons to assist in practice, who would monitor the trainees and correct them then there, while doing the role plays.

For our understanding, a resource person who assists in practical aspects may be addressed as a practical trainer. 

Step 1: Greeting and Seating

Introduction of the mediator and the introduction of the trainees.

(Practical trainer has to focus on the body language, posture, voice ,demonstration of respectfulness etc. of the trainees and correct them if they go wrong)

Step 2: Opening statement

Practical trainers have to focus on the body language, posture, voice, demonstration of respectfulness etc, and whether the trainees are covering all the aspects to be covered in their opening statement. It is suggested that the Practical trainer keeps an evaluation form, and shows the trainees where they have gone wrong.

Step 3: Joint Session

Practical trainer has to focus on the body language, posture, voice ,demonstration of respectfulness etc of the mediator. 

Practical trainer has to see whether the mediator is summarizing using all the techniques of paraphrasing, acknowledging, filtering, deferring, reflecting, (reflecting the emotion, identifying the interest) and neutral reframing (if necessary) and correct the trainees then and there.

Mediator has to see how the mediator is building foundation in order to ensure the co operative role of Advocates.

PRIVATE SESSION

Practical trainer has to see to it that the private sessions are perfectly used by the trainees in a methodical, systematic manner to get all information regarding person, problem, solutions.

1. UNDERSTANDING THE PERSON :-Very first part of private session should be used to (a) Know about the person in detail ( Please tell me something about you. (b) What does Party 1 think of the other party (c) What does the other party think of party 1. (d) Whose words would matter much to Party 1. ( e) Whom does the other party respect more. (f) Whom does the party 1 wants to avoid in negotiation (g) Whom all does he /she want to involve.
   (Repeat the same with Party -2). Practical Trainer has to train the mediators to be, in a step wise manner. In the initial stages it is also advisable to give them a chart, to follow the steps.

2. UNDERSTANDING THE PROBLEM

1. What according to Party 1 is the problem?
2. What according to the other party is the problem?
3. What is the cause for the problem?
4. Who according to Party 1 is the source of the problem ?
5. Who can help in resolving the problem?
6. Who can aggravate the problem?
7. What are the negative effects of the problem?
8. How would the life be, with the problem getting resolved in mediation?
9. Revisiting:- (a)What is the actual problem ?
   (b) What can be the possible solution?

(Note 9 Should not be asked unless I to viii are covered.) 

(The same exercise has to be done with the other party and if need with some of the third parties)

3. UNDERSTANDING THE SOLUTION

1. What according to party 1 are the probable solutions?
2. What according to the other party may be the solution for the problem?
3. Are the suggested solutions achievable/workable? 
4. How can they be made workable/achievable/
5. Are there any other options?
6. Can the party think out of the box?
7. Can party assign reasons as to why a particular option does not work?
8. Can party give reason as to why a particular option should be honored by the other party?

ADVANTAGES

Professionalism gets inculcated in the trainees.

They think twice before asking any question or even speak a single sentence with the participants in mediation.

They understand that every sentence they speak, or every question they ask should have ‘value base’.

They incorporate different communication skills, that are introduced in the training program while doing practical mediations. 

The great aim of education is not learning but action

Herbert Spencer
English Philosopher

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Objective of using visual aids in mediation training program is to make the trainees concentrate and understand any point or concept at a glance which cannot be so easily done with oral or written communication. It helps trainees grasp the point very quickly and helps them in drawing inferences quickly without spending too much time on it. 

Ex: Trainer gives nine dots’ exercise. Asks the participants to join all the 9 dots using 4 straight lines, without lifting the hand. Trainees are given three minutes’ time.

After three minutes, the trainer displays the picture of how nine dots are connected, as per the instruction.

No further explanation is required.

If the picture needs any lengthy explanation, then it reflects that the choice of picture is incorrect.

Charts and graphs

Trainer who is requested to address members of the Bar Association, or college students can use visual aids to depict data of cases referred to mediation, settled and not settled through mediation etc.

Wherever some points/numbers/portions of the picture are to be highlighted, they can be rounded, or shaded in different colors. 

PREPARATION

Preparation takes lots of time. Trainers who do not have adequate technical knowledge may have to take the assistance of others who know how to get things done. 

The specific or identified purpose for which the aid is being used must be crystal clear in the mind of the trainer.

Trainer should know how it is to be operated, used and communicated to the trainees in the context of the topic of presentation. “The point to be canvassed” must be clear, and specific and apparent. The intended message/point should reach the trainees at one go. 

It should be part of the oral presentation and should not stand disconnected. It should synchronize with the spoken words.

If more pictures or visual aids are chosen, they should be presented in a sequence .

Captions or titles are to be in capital letters. 

Appropriate font size must be chosen., so that all the trainees can see without strain. 

The message chosen for communication must be accurate.

Note if any should not get smudged with the picture-graph- photo etc.. 

SELECTION

‘ONE AT A TIME IS THE RULE’.

It is suggested that trainers show one picture , one slide one chart/graph at a time.

It is necessary to avoid overloading of messages.

Pictures should not be placed in a congested manner.

Every message does not require a picture.

COMMON MISTAKES

1. Choice of very attractive colorful pictures – irrelevant to the topic under consideration.
2. Overloading messages, pictures.
3. Spoken words not matching with the picture or aid displayed.
4. Not understanding how to relate the picture or graph to the topic under consideration
5. Taking a picture chosen by some other trainer, used in some other training program by said trainer, and displaying it on the screen without working on the theme behind it.
6. Some quotes-statements-sayings etc. with pictures more related to personality development being displayed, because the trainer finds them more appealing and interesting and important at a personal level.
7. Using pictures/diagrams/graphs/photos/sketches etc. which create more confusion in the mind of the trainees.
8. Not understanding the level of comprehension of the audience.
9. Not cross checking whether the visual aid would convey some other meaning than what is expected .
10. Not cross checking whether the visual aid used would hurt the religious/personal feelings of any individual in the audience. 

BEST PRACTICES

• When role play is being done, the trainer takes the photos of trainees doing the role play.
  Displays those photos on the screen to show how their body postures were.
• When a trainer is taking the session, the co trainer takes photos of the audience . Later it is personally shown to the trainer, to demonstrate how the majority of trainees were sleeping and disengaged during the session., and how the trainer was unmindful of the situation.
  The photo is displayed ( subject to check on the sensitivity aspects) to show if one or two of the trainees were constantly sleeping. 

• Very short Video clipping of a particular question asked by the mediator and the emotions of the party who is listening to the mediator’s question.
• Photos showing the parties as they were in the past.. as a prelude to the role play.. 

‘A picture is a poem without words’

Horace
Roman Poet

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“Listening through the eyes”

Exercises to finer tune the procedural components of mediation are used in refresher courses and more in advanced courses.

A role play is chosen.

Trainers become the participants. One of the trainees is chosen as mediator.

Once the opening statement is made, the mediator is asked to inform everyone, what did the mediator hear from the non speaking disputing parties. Whether the mediator listened to what the disputing parties were communicating without speaking.

If the mediator fails to tell, the trainers should step in. 

Each of the trainers will explain what they demonstrated through their body language when the mediator was making the opening statement.

Example

Trainer as disputing party: When mediator said, “when one is speaking the other should not interfere”. I sighed.. I nodded my head happily.. I thought for the first time I would be allowed to speak without interruption from HIM. (Mediator could have gotten an indication that I was never allowed to speak freely). 

Another trainer as a disputing party: When the mediator said “You can reveal confidential information”, I started thinking.. “whether I should reveal my extra marital relationship issue with the mediator or not”.

I was looking up and was in deep thought. (This could have given an indication to the mediator that there may be some confidential information somewhere.) 

Restatement

After each of the parties give their narratives, mediator is asked to give the restatement.

In the restatement whether the mediator has used the technique of “reflection” is to be cross checked. If the restatement was just summarizing and paraphrasing without having an element of reflection, the restatement would be incomplete.

The trainers as Disputing Parties would tell “what was left out”.

For instance:

1. Their emotions were not reflected
2. Their emotions were not reflected correctly
3. Their “actual interest” – what do they expect from mediation is not identified by the mediator. 

ADVANTAGES

This exercise helps the trainees understand that:

1. Opening statement is not an empty formality.
2. Restatement is a combination of several skills like summarizing, paraphrasing, acknowledging, filtering, and reflection.
3. One who is speaking is not just the sender, but also a receiver.
4. and one who is listening is not just the receiver, but also a speaker.

Mediator speaks through the mouth and constantly listens to the participants through the eyes. 

Trainees get clarity about the concept of “sender and receiver”.

“If your ladder is not leaning against the right wall then every step you take will only take you to the wrong place faster”

April Strong
Transformation Coach

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 (All Copyrights reserved by the author S.Susheela)

 Technique of Value Chain Analysis is developed by  Prof. Michael Porter, Author of “FIVE FORCES”

PURPOSE

The objective of use of this technique is to master excellence in things that are really important and matter a lot. 

This technique helps  to identify and develop a strategy as to how one can create value for anything in the available time. Thus, the purpose of creating value to what is important or what matters more is achieved within the available time, with the help of ‘value chain analysis’.

Adaptation of this technique in mediation training involves three steps:- 

STEP 1: ACTIVITY ANALYSIS

Identify activity –

Ex: “Promoting Mediation through awareness program” 

1. What you should speak
2. When
3. Time available

STEP 2: VALUE ANALYSIS

For each activity think what you can add to produce greatest value

1. I will tell you this instead of this…
2. I don’t  do this.. I will not tell this case history…etc
3. I will use this time for this..than for this..

STEP 3: EVALUATION AND PLANNING 

1. Evaluate whether it is worth bringing such change/s.
2. Then, PLAN for SUCCESS!

This technique can also be used when the previous speaker takes time beyond the prescribed time mentioned in the curriculum/schedule. As the previous speaker goes on and on, the next speaker/ trainer gets a cue that he/she would not get “60 “minutes as reflected in the schedule/time table. Immediately  the trainer can make use of 3 steps of Value chain analysis.  Even otherwise, before giving every presentation, if the trainer checks on what needs to be done, following the technique of value chain analysis, every single line he/she speaks will have a value addition to the listeners. The trainees feel that there is value for the time that they have spent in attending the training. The professionalism of the trainer is demonstrated very clearly. The chaff part of the presentation gets eliminated and all that remains is nothing but the grain.

When is this done

1. In the training room, if the available time is likely to be cut short.
2. Days earlier to presentation. 

‘ The trouble is, you think you have time.’

Jack Kornfield
American Author and Vipsana Teacher

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In Mediation, mediators come across two types of questions: 

1. Questions posed by the parties which may be 

• posed by one party to the other 
• Posed by either or both the parties or third parties to the mediator and 

2.  Questions asked by the Mediator.

Trainer has to spend quality time with the trainees in making them understand:

• The importance of questioning
• Types of questions
• Time and place of questioning.
• Setting an agenda to ask a given set of questions.
• Setting the right atmosphere before asking questions
• Probable answers 
• What if the intended result is not achieved through questions.

Trainer may also have to give inputs on consequences of:

• Asking in- appropriate questions
• Questions with ‘inappropriate content’
• Wandering – struggling for questions
• Asking questions of individual interest of the mediator 
• Asking question after question without waiting for answer/s
• Asking questions without giving required space and time for the person from whom answer is expected
• Asking questions and compelling the disputing party/s to answer

Exercise

1. A demonstrative role play should be selected.

As the role play goes on, Trainees must be asked to –

• Identify the type of question/s asked by parties/ third parties/mediator and label each of them 
• Identify the mistake/s committed by the mediator in asking a given question 
• Suggest the appropriate question in its place. 

2. A role play should be circulated to participants.

Trainer can choose the stage of the role play : “Agreement stage” / “Negotiation stage” / stage of understanding the person…etc. 

Ask the trainees to frame 6 questions which they would like to ask each of the parties.

Two questions which they would like to ask the advocates.

Request the trainees to write the same in a paper and hand it over to the trainer. 

Stage 2

Exchange questions given by one trainee with that of the other.

Ask each of them to identify label the “type of question”

Find out the flaws if any in the question proposed to be asked., and write the same. 

Advantages

Trainees cultivate the habit of framing the question beforehand, and then proceed to ask.

Trainees cultivate the habit of thinking about the pros and consequences of the questions which are proposed to be asked by them.

Trainees understand the responsibility of a mediator. 

“It is better to debate a question without settling it than to settling a question without debating it.“

Joseph Joubert
French Moralist and Essayist

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This technique is used specifically to remove the boredom factor in the participants. When it is noticed that there is too much information loading on the participants, and they are unable to comprehend what is being said, and are getting bored, the above technique can be used.

Identification

Trainer has to notice that the session needs a change in the method of presentation.

Choice of Co-trainer

Trainer has to choose a co-trainer who can pick up as and when the first trainer completes.

Two must design the presentation together in advance and keep it ready for use in case of need.

Choice of topic

 Easily understandable topics must be taken.

 Concept with examples works out well.

Example 1

Trainer 1: Introduces the topic “Communication technique and skills)

Let me and my friend, now, take you through different communication techniques and skills:-

Trainer 1: What is paraphrasing? Explains the technique

Trainer 2: Let me give an example (gives the example)

Trainer 2: let me introduce another technique – “reframing” 

Trainer 1: Let me give an EXAMPLE for this 

Trainer 2: Let me give another example for this

Thus between the two trainers they divide the presentation in such a way that each speaks complementary to what the other has spoken.

The second trainer quickly picks up from where the first trainer has left it.

Through the eye contact of the first trainer the second trainer gets a cue and moves forward.

Example 2

Elements of principled negotiation

Example 3

Different types of bargaining

Preparation

Trainers must decide in advance:

1. What must be done?
2. Who should do what?
3. In what sequence should they take the presentation forward?

Caution

This technique should not be used without prior preparation and confirmation about perfect coordination between the two trainers.

Time factor

Presentation of such kind should not be continued for too long, notwithstanding appreciation by the participants.

ADVANTAGE

It makes the presentation interesting.

Monotony and boredom factors are removed.

Participants appreciate the professionalism of the trainers.

They understand the value of perfect coordination between the trainers.

“Make sure you have finished speaking before your audience has finished listening”

Dorothy Sarnoff
Musical Theatre Actress

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(All Copyrights reserved by the author S.Susheela) 

This exercise is to be done in refresher courses or in advanced trainings

Step 1:

A role play is chosen with multiple characters. ( not less than 6 )

Role play has to be circulated one day in advance to the participants chosen to play specific roles.

Amongst chosen participants one will play the role of mediator.

This role play is to be played on the stage, and other participants watch.

As the role play proceeds, the trainer gives slips to each of the participants, as and when the trainer feels it appropriate.

Some samples of the slips with a single line instruction note that can be given to each of the participants:-

1. Be an objector 

Raise objection/s to anything and everything. Try to deviate the mediation process.

2. Aggressor

Change the tone. Be very aggressive. Be very demanding.  Reflect on “My way or No way” attitude.   

3. Dominator

Start giving directions to the mediator – the other parties. .tell as to what all others should do.

Use commanding language.

4. Attention seeker

Instead of talking about the subject in issue, start talking about yourself. How good, famous, and reliable you are. Start telling about your achievements etc.

All the slips should not be given to all the participants at a time.

It should be given as and when the situation arises.

Step 2: Debriefing

Ask the participants to recollect what participant A, B, C, D, E, F and Mediator was doing?

If they fail to identify help them understand

Discuss with the mediator, as to the difficulties faced by him/her in handling these people.

Help them with necessary tips to overcome such situations in actual mediations.

Advantages

1. It helps the participants to learn the skills of handling difficult people and difficult situations.
2. Helps to effectively separate the people from the problem
3. Helps the participants to understand whether the parties are bringing in impasse as a strategy?
4. Helps them identify if there is fake impasse? 
5. This exercise is very helpful in making participants understand different conflict styles, negotiation styles, different types of bargaining, different types of impasse.
6. Helps participants understand the nuances of the mediation process very well.
7. It brings professional touch to the role plays
8. The competence of the trainer gets reflected. 

Trainer has to use innovative ideas to write the slip then and there and pass it on to the participants.

‘Knowledge is of no value unless you put it into practice.’

Anton Chekhov
Russian Playwriting and Short Story Writer

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Trainer has to train the participants in effectively assisting the disputing parties to resolve the dispute between/amongst them. Training regarding effective use of caucus should be one of the important components of a training program.  

The problem solving session can be utilized in the best possible way – 

DISCUSSION ABOUT THE PROBLEM

The mediator can assist each of the disputing parties in private session – 

1. Introduce the problem as stated by the party (restatement)

2. Identifying the problem

Use Questioning Skills to determine

1. What is the real problem according to one of the parties
2. What may be the real problem according to the other party?
3. Whether both the parties understand the problem as one problem or two different problems?
4. What needs to be done in situation no.3,referred to above?

3. Defining the problem

 Ask each of the parties to define the problem, to which they are looking for a solution.

 See whether the problem can be divided into (sub-problems)/ different units.

4. Considering possible solutions

Ask each of the participants to identify 

(a) the possible solutions from his/her perspective

(b) the possible solutions from the other party’s perspective.

5. Whether the solutions are workable

1. Will it work?
2. Will it create any new problems?
3. What about resources?

6. Action to be Taken

What must be done?

Who should do what, how and when?

Who all should be informed of the decision?

Whom all the decisions would affect?

7. Confirmation on the Decision

Get confirmation on the decision

PRACTICALS

1. Trainer to give this chart (or any other chart with modifications if any), as a hand note to the mediator 
2. Ask a group of three participants to form a group. One as mediator and the other two as disputing parties. Take any role play with which participants are already familiar with. 
3. Ask the mediator to keep the chart and go ahead with mediation in a systematic manner as guided in the chart.

DEBRIEFING 

Ask the mediator and the disputing parties and the other participants to give their reflection on how they felt when the problem solving was taken in a methodical manner.

ADVANTAGES

Assisting the parties in a structured manner, will be very helpful to the parties, as they are assisted to move from one step to the other, without there being any confusion.

Parties are helped to make informed decisions at every stage.

They do not regret the decision they have taken.

As far as mediators are concerned, such a methodical approach reflects their professionalism.

‘I have learned that I can pretty much do anything I’ve wanted to as long as I was methodical and diligent about it. It may not sound very exciting really, but it works.’

Jamie Hyneman
American Special Effects Expert

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