In order to strengthen the skill of application of the theoretical knowledge into practical situations “role play with questions” help a lot.

These are generally given during refresher and advanced courses. These are also given in forty hours’ mediation training programs, if the trainees have strong knowledge base and have the ability to focus and comprehend the concepts.

Structure:

1. A role play is designed by the trainer based on the concept which the trainer wants the participants/trainees to understand.
2. The brief case history of both sides will be given.
3. Questions will be given in a separate sheet
4. Plain sheets will be provided to the participants to write the answers.

Designing the role play:

1. The language used must be very simple.
2. Facts must be easily understandable.
3. There should not be any confusion in understanding the facts.
4. Facts of both sides must be given to both the parties.

Questions:

1. Questions must be direct.
2. They should lead to specific answer/s
3. Questions should not be confusing.
4. Objective behind the question must be well understood, before they are given to the trainees.

Answer sheets:

1. Sufficient space must be left to answer each of the questions.
2. Leaving more space should be avoided to discourage participants from giving lengthy answers

EXAMPLE

Original Suit. No. 100/2016

Raju Vs Mohan

Suit for Specific Performance of a contract;

Case of the plaintiff

Raju filed suit for specific performance of agreement dated 4/5/2012.

Date of agreement – 4/5/2012. Agreed Sale consideration was 35 lakhs. Advance paid was 10 lakhs.

Balance to be paid was 25 lakhs. Property agreed to be sold was House property of 20 squares and adjacent vacant site of 30’ X 40’. Time for competition of registration was 4 months from 4/5/2012.

Original title deeds and other related documents are handed over to plaintiff by Defendant on the date of agreement.

Date of filing of the suit: 3/5/2016

Case of defendant

Agreement admitted. Receipt of advance was also admitted. Contended that time was the essence of contract. Suit is barred by limitation.

Raju is not entitled for specific performance or for refund of money.

Defendant has filed IA U/O.VII Rule 11 C.P.C praying for rejection of the plaint on the ground of limitation.

Matter is referred to mediation at that stage.

QUESTIONS

1. List out the options that can be given by the plaintiff for settlement
2. List out the options that can be given by the defendant for settlement.

(Objective: To equip the trainees to know how many options can be generated)

• In order to facilitate the disputing parties to understand the reality:
• What questions do you ask plaintiff?
• What questions do you ask defendant?
• What do you ask Plaintiff’s counsel?
• What do you ask defendant’s counsel?

(Note: write 5 questions in each category.)

(Objective: To equip the trainees to know the limitations binding the mediator in the process of reality testing)

ADVANTAGES

1. Such role plays will equip the participants to understand the facts, think about the concepts, apply the same and only thereafter move on to answer.
2. Systematic learning is cultivated in the trainees.
3. When they are asked to write in not more than 1 or 2 short sentences, they focus on clarity and brevity. Their communication skills get tuned further.
4. Such role plays can be sent in advance to the trainees in refresher /advanced courses, and answers may be collected and reviewed by the trainer before the actual training, which will help in understanding the level of comprehension of the trainees. Such practice will assist the trainer in need assessment. Based on the answers given by the participants to be, the training program can be structured.
5. When there is a single trainer, giving such role plays with questions, will change the methodology of training, and the boredom factor due to monotony may be avoided. Trainer will also get some rest.

 “My powers are ordinary. Only my application brings me success.”

Isaac Newton

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Trainers use role plays to bring synergy between theory and practical aspects associated with mediation.

Even though oral instructions are given during pre-briefing, it is also better to mention the instructions at the bottom or in a separate paper

I Type of instructions

When the first role play is being done instructions can be like:

1. Time – The role play should not go beyond 15 minutes.
2. Mediator has to complete greeting, seating, introduction and opening statement as part of mediation process.
3. Parties and advocates to identify the mistakes/errors committed by the mediator and note down the same in a separate slip.
4. Parties to hand over the same to the mediator after 15 minutes.
5. Thereafter during de briefing done by the resource person/trainer, mediator is free to agree or disagree on the errors/mistakes pointed out by the parties/advocates.

II Type of instructions

1. Mediator to proceed with first joint session and two individual private sessions.
2. Parties/advocates to identify –
3. Whether the mediator made the restatement using paraphrasing summarizing and filtering skills.
4. Whether the mediator used the technique of reflection?
5. Whether mediator reiterated the ground rules wherever it was required.
6. Whether the mediator used reframing.

III Type of instructions

(generally used in refresher courses)

Mediator to assist the parties in negotiations.

Mediator to note down what type of barriers the parties projected.

Mediator to identify the styles of negotiation adapted by each of the parties.

Mediator to identify if there was any impasse, and if so what was the reason for the same.

Mediator to come out with options to overcome the impasse.

Parties and advocates to note –

Whether the mediator was effectively assisting in negotiation?

What type of barriers to negotiation the parties projected and how did the mediator overcome the same?

What was the style of negotiation adapted by each of the parties?

Was there impasse? How did it occur? What did the mediator do to overcome it?

ADVANTAGES

When written instructions are given participants consider practical role plays seriously.

They proceed in a focused, structured and organized manner.

They do not get into the mode of ‘enacting in a drama’ but work on understanding the concepts related to mediation.

They try to be more professional in their approach.

They understand the relevance of maintaining synergy between theoretical and practical aspects of mediation.

“Deciding what not to do is as important as deciding what to do.”

Steve Jobs

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Material used for training enhances the quality of presentation. Appropriate training materials used at appropriate time will help the participants understand the concepts quickly.

Trainer has to keep the following in the ‘training kit’ ready for use:

1. Icebreakers
2. Role plays
3. Case histories
4. examples
5. Stories
6. Simulation exercises
7. Handouts
8. Questionnaires
9. Pictures
10. PPTs
11. Instruction forms
12. Feedback forms
13. Reading material/s
14. Problems
15. CDs/Pen drives with relevant material.
16. Material for homework
17. Materials to be sent by mail to the trainees

Depending upon the need of the trainees, as and when the necessity arises, appropriate training material can be pulled out and made use of.

Periodical review of the training material is required to be done.

Advantages

1. Keeping the training materials ready will help the trainers to keep the training sessions very lively and effective.
2. It would reflect the professionalism of the trainer.
3. It would save presentation time of the trainer.
4. Where a concept introduced will have to be followed by repeated exercise/s by the trainees, exercises can be given to the trainees to be completed at home.
5. Where a concept introduced, or to be introduced needs post or prior reading, the reading material if circulated earlier will help the trainees understand the concepts better.
6.  When CDs of the relevant material is kept ready for distribution amongst the trainees, and the same is informed to them, they will concentrate on the presentation without being tempted to copy down every single word from the slides.

CAUTION

1. Trainer has to work on each or any of these training materials meticulously before distributing the same.
2. Relevancy cannot be lost sight.
3. Every problem/exercise/etc. has to be visualized before using the same on the training floor.
4. Whether the training material used would create more confusion, would require more time to make a concept understandable has to be checked before using the material.

“I will prepare and someday my chance will come”

Abraham Lincoln

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What is success for a trainer? Trainer’s presentation being appreciated? Trainer being congratulated by many? Trainer getting a feeling that I have done the best and no one has done as much as I have done? ‘Compared to others I am the very best’- self affirmation?

In order to be a good trainer, focus should shift from the trainer to the trainee. Replace the above questions with the following: How much could I connect with the trainees? How much of information communicated by me has reached the trainees in the manner in which it was required to reach? Are the trainees capable of making use of the knowledge I have imparted in their practical mediations? Of what use is my presentation to the trainees in their field work?

Trainer cannot ignore the fact that Mediation training is given to adults. Majority of them might have completed their academic studies long back. Attending 40 hours’ training program, sitting in the sessions as in college days from morning till evening, listening to various new concepts (many concepts unheard of by them), doing many exercises/role-plays etc. will definitely be a welcome experience for the trainers. Trainer should not forget that many of the trainees are listening for the first time to what is being said, and hence there would be no opportunity for them to compare with any other information received by them earlier, or they would not be knowing whether the trainer is right or wrong. But trainees’ ignorance should not be taken advantage by the trainer. “No one can find fault with me because, no one knows the subject”, should not be the attitude of the trainer. Trainer cannot ignore the fact that if the fundamentals reach the trainees incorrectly the very objective of the training would get lost. The trainees who would be mediators after 40 hours’ training followed by some practical mediations, may commit many mistakes which may be harmful to the very system itself. Trainer cannot ignore the fact that each concept introduced in mediation training is in one way or the other interlinked to some other concept/s. Hence extra caution has to be taken in deeper understanding of the concepts.

Errors committed

1. Collecting information about a topic from various sources without any basis and structure.
2. Overloading slides with information downloaded from google etc.
3. Trying to exhibit that trainer is very knowledgeable
4. Not focusing on what is the least that is required to be known by the trainees.
5. Not focusing on fundamentals

Suggestions

1. Understand the concept at the grassroot level.
2. Cross check with others as to whether the understanding is correct or whether it needs correction.
3. Focus on not more than 3-4 points to canvas a concept.
4. Make the trainees understand the concept clearly, so that their foundation remains strong.
5. Substantiate with appropriate examples/exercises/case histories

“Success is dangerous. One begins to copy oneself and to copy oneself is more dangerous than to copy others”.

Pablo Picasso

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The following may be considered while planning for the presentation:

1. Subject matter must be placed one after the other in an organized and logical manner. There has to be a thought process as to why some thing is introduced before something. Why an example has to follow a concept or a concept has to be explained by an example.
2. Unless the basics related to the topic are introduced and dealt with, further inputs on the topic should not be given.
3. Trainer has to ascertain from the trainees whether the trainees have understood the basics, before proceeding to further details or further complicated /technical inputs. Asking the question “Am I clear? / Has any one got any doubts on this? alone may not be sufficient. Many trainees may feel hesitant to say openly that they have not understood what the trainer tried to communicate.
4. “Watching the face “ : Trainer may have to periodically watch the face of the trainees, to find out whether the trainees have understood what is being communicated or not.
5. After the concepts are introduced, trainer has to give some time for the trainees to understand the concept. “Pause and pace” play vital role in presentations. More time is to be given where the concept introduced requires comprehension or reflection.
6. Without helping the trainees understand the concept thoroughly further inputs should not be given.
7. Trainer may divide the information to be communicated to into groups:
8. Information/knowledge which is absolutely required by the trainees.
9. Additional information if any that can be given to the trainees.
10. What is mandatorily required to be communicated should not be escaped at all. More time can be devoted to this.
    Trainer can include less important (from the perspective of the trainee) sub-topics also as part of presentation.
    Less time is to be allocated for such sub topics.
11. However, these sub-topics should not be out of the context of topics identified in the curriculum.
12. Any sub topic or example or case history which is identified as part of presentation should have relevance to the subject.

DOCUMENTING THE PLAN

Trainers may start writing what all they want to speak on the training floor. Once they have finished doing it, they can cross check on:

1. Whether they have spent more words and time on less important topics than on important topics.
2. Whether there are any sentences without substance?
3. Whether the chosen example is a misfit?
4. Whether the concept can be presented in a simpler form?

To begin with they can start working on any sub-topic, with a time limit of five minutes, like: Ineffective communication/emotional impasse/reactive devaluation etc.

They can also try recording their own presentation and then watch it again, and cross check whether their presentation has something which was not required.

“Better to stand before the mirror and look at yourself before even planning to stand before the world.”

Slamw

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PLANNING

Spending quality time in the preparation of contents, examples /exercises/roleplays to be given, stories to be told, case histories to be referred to, slides – pictures to be shown, questions to be asked, points to be referred to in briefing and debriefing are all part of planning. All these aspects, while placed on a preparatory template give broader picture of presentation.

However, depending on the available time, and the receptive capacity of the trainees what is required to be conveyed and how, when and where, is to be decided by the trainer. At times, this may have to be done while being on the training floor.

A trainer has to be very innovative and must have presence of mind. Adaptability is one of the essential characters of a trainer. Instead of expecting the trainees to understand all that the trainer has informed, it is always better to make sure that everything that is informed by the trainer is completely understood by the trainees. What is expected of a trainer should never be lost sight. Presentation should be so very effective that the trainees need not have to strain themselves to understand the contents.

INTERESTING PRESENTATION

Trainees may lose interest in the subject as well in the trainer in the following circumstances:

When there is information overloading.

• When so many thoughts are conveyed one after the other without giving time for the trainees to comprehend.
• Trainer is continuing with the presentation without even traying to understand whether the trainees are understanding what is being tried to be communicated by the trainer.
• So many examples, slides, stories are made part of presentation, that the trainees are unable to understand what is to be chosen and retained by them.
• Trainer is trying to serve everything he/she has prepared at one go.
• Though there seems to be so much, everything is messed up.

TIPS TO AVOID INEFFECTIVE PRESENTATION

Ask the following questions:

1. What can be deleted from my proposed presentation?
2. Should this example be given/ What if I don’t give?
3. Can I reduce time in canvassing this point?
4. Does my presentation look over loaded?
5. Am I overburdening the trainees?
6. Will the trainees be losing the track?
7. Have I repeated anything?
8. Have I said more about something?
9. Have I left the relevant information?
10. Are the chosen examples, stories ….boring ?
11. Are they too long?

CLUTTER FREE PRESENTATION

There are two methods that are generally adapted to achieve clutter free presentation

1. Prepare the entire presentation and then clean it up

First step: Trainer prepares an elaborate template with contents, many examples/ stories/exercises/case histories /slides etc.

Second step: Trainer goes through every material placed on the elaborate template meticulously and diligently works on removing all the unwanted stuff.

2. Do not place anything which is to be removed /eliminated later.

While preparing the presentation itself at every step, trainer works meticulously, and spends quality time on the choice of contents, examples/ stories/exercises/case histories /slides etc.

Trainer does not put anything on the template which is out of place and context.

Remember not only to say the right thing in the right place, but far more difficult still, to leave unsaid the wrong thing at the tempting moment.

Benjamin Franklin

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Fear is one of the strongest of emotions. It may disturb an individual in many aspects. Un addressed fear may have its negative impact on the level of performance of a trainer. Some people get disturbed many days earlier to presentation, some may get disturbed a day before or just few hours or minutes before, and some may get disturbed during the presentation. Many call this experience as “Butterflies in the tummy”. Though an element of sensibility towards performance is a positive aspect, this should not end up in performance pressure. Some suffer from this performance pressure, fear of failure, fear of performance below the mark, fear of getting the fear noticed etc. The more one becomes conscious of the fear, the more one gets panic.

Following are some troubling questions:

1. What if I fail utterly?
2. What will others think of me?
3. How am I going to save my image?
4. What if my peers do well and I fail?
5. What if I forget everything while giving presentation?
6.  Why am I gasping my breath?
7. Why am I feeling uncomfortable sensation in my stomach?
8. Why am I feeling like going to washroom too often?
9. Why am I feeling confused?
10. Should I drop out and move away?

SOME STEPS TO FACE THE FEAR FACTOR

1. Positive affirmations

Prepare so well that when any one or more of such questions haunts your mind, you can tell yourself “I have prepared so well. This will not happen with me”.

“I have understood the topic, and, I have prepared so well that there is no chance that I would fail.”

“Presentation is nothing more than communicating to others what all you know about a given topic.”

2. Revisiting your strengths

I am ……… year old in my profession. Hitherto I have faired well in my profession. I will not fail here.

3. “Getting prepared for the worst”

What worst can happen?

I am an adult. I can handle this. Let me take it as a challenge.

Why should “giving a presentation” bring “butterflies in my tummy”?

I am not going to die with this presentation.

If I present well it is good, if not I will work on myself. Either way I am not going to lose anything in the bargain. I will gain experience.

I am open for constructive criticisms.

If my mistakes are pointed out, I can try to overcome the same during my future presentations.

4. Healthy comparison

Best of the trainers have failed many times. At times it is like a day’s international cricket match.

Bad, can always be replaced by good, and good by better, better by best, and best by the best.

Trainers who were nowhere near the starting point have achieved remarkably.

An emotion can get replaced by another. Fear too!

Slamw

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Mediation is a living process. ‘It is now and here’. Mediator has to simultaneously use the theoretical and practical knowledge. Through training, trainer facilitates the trainees to get equipped with this requisite. Beginning the process, proceeding with it without pre-meditation, without setting an agenda, mechanically going through introduction, multiple joint and private sessions, and talking to parties and participants, may not strictly fall under the category of facilitating the disputing parties to resolve the dispute. Something more is expected by a qualified mediator. A qualified mediator should know why, when and how and what he/she should be speaking/ asking or not be speaking or asking. If a particular technique is used, the reason behind using it must be known to the mediator. Supposing that technique does not work in a given situation, what next is to be done should also be known to the mediator. Mediation is not just about talking to parties and listening to them. It is a scientific process. Every stage, every technique has got its own relevance and importance.  Just as a doctor knows what medicine is to be given, to which patient, at what time, the mediator should also know everything about the techniques to be used in a given mediation.

Trainer’s responsibility is to equip the trainees with this knowledge.

One way of achieving this objective can be through role play by trainers.

How is this being done?

One of the trainers takes the lead. The other co-trainers play the role of parties and advocates. As and when the mediation continues, the lead trainer identifies the techniques and tells the trainees, as to which technique is being used. The trainer identifies the styles of negotiation, barriers to communication and barriers to negotiation if any etc. The trainer also tells the trainer different types of bargaining parties are adopting.

Example

1. Mediator is asking strategic question.
2. Plaintiff is bringing strategic barrier.
3. Defendant is not accepting the offer given by the plaintiff because of ‘reactive devaluation’.
4. Mediator is encouraging parties to move towards integrative bargaining.

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Thus, role play by the trainers, gives a clear picture to the trainees that they should know the techniques to be used by name and use the same at appropriate situations.

In refresher courses and advanced trainings in mediation, the trainee mediator must be asked to identify the technique that is being used by her/him.

Adapting this method reflects perfect professionalism by the trainer mediator. From the beginning, starting with 40 hours’ training in mediation, the trainees are to be trained to know the technique by name and also its nuances completely.

Advantages

1. Asking a question randomly without knowing that it is a strategic question, and getting good result from it is something different from asking a question knowing it to be a strategic question, and knowing the effect of such question. The former can be  part of random dialogues /conversations/discussions etc between or amongst individuals. The latter can be expected only from a trained professional.
2. Trainees learn the ‘dos and do nots‘ of mediation.
3. Trainees understand the real value of training

“Upgrading oneself systematically is mark of professionalism”

Slamw

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Divide all the participants into two groups.  Identify one group as “petitioner” and the other group as “Respondent”.

Ask one person from Petitioner’s group and one from respondent’s group to make notes of what is going to be stated by each one from the respective groups. Designate these two Persons as “RECORDER for Petitioner and RECORDER for Respondent”.

Suggest the title: “Proceedings under Section 125 of Criminal Procedure Code for maintenance by wife and two minor children.”

Ask the participants from Petitioner’s group to weave a narrative on behalf of petitioner, and participants from respondent’s group to weave a narrative on behalf of respondent.

Instructions to be given by the trainer

1. Each participant should speak only two sentences, about the facts of the case.
2. Once the first speaker ends, the next speaker will continue the facts from there and speak the next two sentences.
3. The process will continue till they reach the last speaker.
4. Last speaker has to conclude the story/narrative.  Last speaker can speak four sentences.
5. Recorder for petitioner will read the entire story /narrative woven by the group.

Repeat the same process with Respondent’s group also.

Objective

To reinforce:

1. Active listening
2. Mindfulness-being in the present.
3. Tracking of events
4. Formulating meaningful sentences

When is this exercise done?

After session on communication skills          

Preferably after lunch or before ending the session.

Advantages

Trainees will learn how carefully they should be listening to the earlier speakers.

They will learn how to tell something with clarity using simple sentences.

Trainees will learn how they have to work as a team. They will know that ‘together they can achieve more’. This learning will help them in actual mediations, where they will take every participant in mediation very seriously, and will lean forward to work with them.

Trainer will know the level of comprehension of the trainees.

Recorder/s will learn how to track everything that is said by participants in Mediation.

Debriefing

In debriefing, trainer has to inform the participants about the objectives fulfilled by the exercise.   

Checks

If instructions are not properly given by the trainer, there will be utter chaos.

Trainer has to be very strict with the participants. Once two sentences are over, the bell should ring, and the next one in the group should start to speak.

“No one can whistle a symphony. It takes a whole orchestra to play it.”

Halford E. Luccock
Former Professor at Yale Divinity School and Author

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Some trainers are considered as best trainers because every sentence they speak gets underlined. Within each of such sentences every word they speak gets installed in the mind of the trainees. Many trainers may speak sensibly. But at the end of what they have spoken for every three minutes, if someone were to take an audit and ask “What did I get from this three minutes’ delivery?’, they should get a positive answer.

STEPS

1. Preparation

While preparing itself trainer should focus on what best he/she can deliver in three minutes’ time? One should question ‘What one concept- one point can I drive home within this time? The entire presentation can be divided into several such sub parts. Each sub-part must have something solid to be conveyed.

2. Rule of Three

Following the rule of three helps trainer to be on the track. Whatever be the given time slot, at least three points are to be earmarked for communicating.

Rule of three also applies to time factor. “One point in three minutes” can be the guiding factor. By this, audience/trainees do not get lost. They should not be allowed to start thinking as to ‘what is this trainer trying to convey? On the other hand, what the trainer wants to convey should reach the trainees automatically.  

Advantages

1. The presentation remains organized
2. It becomes easy for the trainer to place one point after the other without there being any anxiety about the quality and quantity of information to be delivered.
3. The presentation remains completely clutter free.
4. The trainer can draw the focused attention of the participants very easily.
5. The trainees are not burdened with the task of choosing the grain from the chaff.
6. Professionalism of the trainer gets highlighted.
7. At the end of the session any trainee will be in a position to say 1,2… are my take away points from this session.
8. Trainees feel that everything the trainer spoke was relevant.
9. Trainees also learn how to place one point after the other for the consideration of the parties, while assisting the parties in negotiation during mediation.
10. Trainees do not get a feeling that ‘this trainer talks too much and pours out anything and everything on us’

How to achieve this?

3-4 Trainers may form a small group. One amongst them has to take one topic randomly on the spot from out of several topics written on different slips. Trainer takes 5 minutes of time to formulate the point in mind. Thereafter trainer speaks on the topic with timer being set to three minutes. After 3 minutes the co trainers will tell him/her the point/s /concept/s (if any) they could learn from the speaker. The co trainers will give their fair feedback.

Next speaker picks up another slip and goes on with the presentation.

The process is continued till all the participants get their chance to present.

“Success is built sequentially. It’s one thing at a time”

Gary W. Keller
American Entrepreneur and best-selling Author

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