Trainer has to know the difference between a refresher course and forty hours’ training in mediation. Refresher course is not a 40 hours’ training program cut short into 20 hours or less. Refresher course is designed to make the mediators apply the theoretical knowledge acquired in earlier training programs and knowledge acquired from practical mediation to resolve real problems which they may face at actual mediation. Positive and negative reinforcement are essential features of refresher course. It is a course wherein the trainees are made to identify and understand where they are going wrong, and are encouraged to fix the problem. Their retention capacity is refueled through refresher course.

Refresher course will have a group of many mediators. Each mediator may be different from the other and the problem faced by one may not be the same as that faced by the other. The course should cater to the needs of each and every participant. Trainer should also know that overloading a course with contents does not deliver the expected result. Notwithstanding understanding a concept at a theoretical level some may not be able to apply said knowledge to resolve problem/s during real mediation. It is in this context Designing the Course is the first crucial step in any refresher course. As learning through training has to get transferred   even after the training , precaution has to be taken to design the course in such a way as to provide  comprehensive experience  to the mediators.

Following steps may be considered  for better results:-

GET THE BACKGROUND OF THE TRAINEES

It is necessary to get information in advance about the background of the trainees attending refresher course.

Name , age and years of practice as mediator .	Number of cases mediated More than 50 Less than 50 More than 100	Number of refresher courses attended	Number of advanced courses in mediation  attended

NEED ANALYSIS AND NEED ASSESSMENT

It is better to get information from the trainees in advance about:

1. Trainees’ expectation from the refresher course
2. On what skills they need additional training
3. Gaps in Knowledge if any in any area  

The above information may have to be considered along with  the background of the trainees while doing need analysis and need assessment.  

 FOCUS ON ‘WHAT IS IN IT FOR  ME?’ FACTOR

Trainer has to design the refresher course in such a way that the trainees should feel happy to enroll for the refresher course. The designed curriculum should make each of them feel that by the time they complete the course there is some assured ‘take home benefit/s’ for each of them.

Trainees should know in advance all about the refresher course and learning outcomes that can be expected from the refresher course.

Example

If the topic is mentioned as “Opening statement” – it may not catch the attention of a mediator who has already undergone 40 hours’ training program and 2-3 refresher courses. On the other hand “Impact of opening statement in creating impasse after lengthy mediation “may be something which would attract the attention of such mediator. But such choice of topic would also be beneficial to the mediator who is attending the refresher course for the first time. The idea is to see to it that all the participants are moved towards the common goal.

However giving a catching caption is not just enough. Thorough preparation is to be made on the lines of the topic/sub topic chosen.   

CONTENT AND DELIVERY

Content for the course is to be identified keeping the background of the participants in mind

The method of delivery is also dependent on the background of the target group.

DESIGN AND COMPARE THE COURSE MODULE

Trainer has to study the course manual, and methodology adopted in 40 hours’ training program, earlier refresher course/s if any and design the curriculum.Then he/she has to compare the course curriculum with the earlier ones and should feel satisfied that the curriculum is designed in such a way that the trainees feel fascinated about the course, and understand its worth.

TIPS

1. Avoid : Elaborate repetition of contents given during 40 hours’ training program is to be strictly avoided.
2. Deliver : Only such  content which comes strictly within the category of “MUST KNOW” must be delivered.
3. Remember: As a Trainer you cannot  pour out on the trainees “what ALL you know” about the topic.
4. Construction over the  Foundation : Include trainees’ previous knowledge and experience as base and from there take them forward step by step.
5. Exercises: Use exercises which involve performance tasks that are almost similar to the ones  to be performed in actual mediation.
6. Break the task : Use portions of role plays using the technique of breaking the task  and demonstrate  them how they can go wrong  and how to fix  it.
7. Work within the frame : Do not use any icebreaker, role play, simulation exercise, slide or image or handout which is outside the purview of  learning objective of refresher course.
8. Key learning points: Refresher course should  enable the participants to recollect what they have already learnt . Hence key learning points  have to be reiterated.
9. Problem solving:  The course should help the participants in solving the procedural problems faced by them  and   problems faced by them in assisting the disputing parties in the resolution of their disputes.

FOLLOW-UP LIST

After each session trainer has to request the participants to make a list of:

1. What they were doing in their earlier mediation sessions and what will they be doing after the refresher course?
   This will enable them to identify their  mistakes and errors and focus on the remedy to avoid mistakes and errors.
2. Why are they expected to follow a given process and the benefits  of following said process?
   This will help them understand  “why they are doing what they are doing?”

“We don’t raise to the level of our expectations, we fall to the level of our training”

James Clear

---

(All copyrights reserved by the author S.Susheela)

Experiential training strengthens the concepts. It gives confidence to the trainees. “Breaking the Task” is one of the essential parts of experiential training methodology. Depending on the situation each topic or sub topic, each component or sub-component can be broken into further parts so that the trainees feel the importance of each and every concept, and do not ignore or skip to note the same but adapt and implement the same in practical mediation.

How to Break the task?

Step -1 : Division

It has to be divided into smaller but easily learnable parts.

Step -2 : Sequential Arrangement 

Arrange the divided parts of the task sequentially.

Step- 3 : Implementation

1. Introducing the objective: Trainer has to tell the trainees what s/he will be doing? (This helps in drawing the attention of the trainees)
2. Demonstration : Trainer Demonstrates the task.
3. Explaining the reason: After demonstration, trainer explains why the task is to be performed that way.
4. Replay by the trainees: Trainer asks the trainees to do the task as demonstrated  by the trainer.
5. Feedback : Trainer gives positive and negative feedback.
6. Repetition: Trainer asks the trainees to repeat the task.

Example 

Topic: Stages of Mediation

Dividing the Topic: 

Part 1: Greeting and seating

Part 2: Self introduction and Introduction of parties

Follow all that is explained in STEP-3 regarding implementation:

1. Introducing the objective: Trainer tells the trainees that he/she will be demonstrating how to greet the parties and how to make them comfortably seated and how self-introduction is to be done, and how introduction of parties and participants is to be facilitated.
2. Demonstration: Trainer requests two trainees to play the role of parties, two others as their counsels, and three others as participants accompanying the parties and then practically demonstrates how the greeting and seating is done in mediation.
   Trainer also demonstrates how he/she would give his/her self-introduction and how he/she allows the parties to introduce themselves.  
3. Explaining the reason: After demonstration, trainer explains why the task is to be performed that way. Trainer should tell the advantage of doing it in that manner and disadvantages of not doing in that manner and the objective behind the manner adapted.
   (It should not be a very lengthy sermon.Trainer should be capable of giving the inputs in 2-4 sentences with clarity. But every procedural aspect should have reasoning behind it which needs to be informed to the trainees)
4. Replay by the trainees: Trainer asks the trainees to form groups and do the task as demonstrated by the trainer.
5. Feedback: Trainer gives positive and negative feedback.
6. Repetition: Trainer asks the trainees to form groups and asks them to repeat  the task.

ADVANTAGES

Adapting the process of breaking the task will help the participants remember the practical inputs, in a step-wise manner and they may not go wrong as for as the part  practically experienced and understood by them.

After trainees get hold of the first part, they can be taken to the next part, and can be asked to replay the first and second part together.

Example: Participants learn about greeting seating and introduction in First part

They learn about Opening statement in Second Part adapting the same method of breaking the task. When opening statement is done adapting this method, they may not forget any of the components of opening statement.

Then together they do demonstration of greeting, seating and opening statement.

Breaking the task can be implemented in any part of training. Immediately after a concept is introduced, practical aspect can be explained by following this method.

CAUTION

1. Trainer has to be very careful while  breaking the task.
2. Breaking the task into many parts may lead to confusion.
3. Identifying the task to be broken is to be done carefully.
4. Which task is selected for breaking and how it is to be broken will depend upon the nature of the training imparted. The logic to be applied in breaking the task varies depending upon whether it is (i) 40 hours’ training program (ii) Refresher courses (iii) Advanced training.
5. Trainer has to design this task within the time limit allotted for imparting the experiential knowledge to the participants.

“Nothing is particularly hard if you divide it into small jobs.”

Henry Ford

---

(All Copyrights reserved by the author S.Susheela)

Coaching is one of the essential skills of a trainer. More focus is given on this skill in mediation training because it is through coaching the trainees are prepared and strengthened to handle practical mediation. The theoretical and practical aspects of mediation are brought into alignment through coaching.

Coaching has 2 elements in it:

1. Identification as to what needs to be coached.
2. Action plan for fulfilling the need.

3 steps are generally followed in coaching:

1. Assessing  
2. Instructing
3. Monitoring

Assessing:  

Fair Assessment of capabilities of a trainee is to be made by the trainer.

• Areas where corrections are required,
• Areas where concepts must be reinforced,
• Areas where the process techniques must be strengthened, have to be identified by the trainer.

1. Trainer has to make note of the performance of the trainee in all these three above-mentioned areas.
2. The mistake/s and/or errors committed by the trainee must be noted down.
3. Trainer should request the trainee to make note of the assessment done by the trainer
4. The others in the group also can be asked to take note of the assessment done by the trainer   

Instructing

Trainer has to give instructions to the trainee in each of the areas where instructions are required to be given.

It is ideal to give instruction on ‘one on one’ basis. But it is equally desirable to give instruction/s to the trainee mediator in the presence of the group members, so that others can also learn from the coaching.

Instructing should consist of (i) information to the trainee about the mistakes/and/or errors committed. (ii) suggesting remedies as to how the trainee can stand corrected. (iii)  indication to the trainee to stand corrected. 

Trainer should make note of the instructions given to the trainee.

Trainer should request the trainee to take note of the instructions given.

(The others in the group also can be asked to take note of instructions)   

Monitoring

Trainer has to make the trainee replay the corrected process.

Trainer has to watch the trainee and see whether the coaching has resulted in positive reinforcement, and that the trainee is not repeating the same mistakes which were tried to be corrected by the trainer through coaching.

---

Example

Trainee Mediator to Party:

1. You have got a very poor case. You will lose in all courts. You will wander like a beggar.
2. It is better to settle down.
3. Accept whatever is being offered.
4. I can help you to get little more than what is offered by your opponent.

Coaching by the trainer using the techniques of assessing, instructing and monitoring

ASSESSING:

Trainer’s assessment:

1. You have got a very poor case. You will lose in all courts.

(Mediator is forming opinion and giving legal advice)

2. You will wander like a beggar.

(Mediator is name calling, and threatening the party)

3. It is better to settle down. Accept whatever is being offered.

(Mediator is giving advice. Mediator is pressurizing.)

4. I can help you to get little more than what is offered by your opponent.

(Mediator is giving assurances)

INSTRUCTING:

Trainer points out the mistakes/errors committed by the trainee as noted in the assessment done by the trainer.

Trainer gives instructions to the trainee as follows:

1. Mr.X can you please avoid giving legal advice? 

2. Can you please avoid forming an opinion?

3. Can you avoid name calling and threatening?

4. Can you please avoid using words or sentences which may be considered by the party as pressurizing?

5. Can you please recollect that mediator cannot give advice and assurances? Please recollect all the empathy blocks in our session on empathy.

MONITORING:

Trainer requests the trainee to re-work on the earlier statements made by him i.e.

(i) You have got a very poor case. You will lose in all courts. You will wander like a beggar (ii) It is better to settle down, (iii) Accept whatever is being offered (iv) I can help you to get little more than what is offered by your opponent.

Trainer monitor’s the trainee mediator’s statements after coaching and makes sure that the mediator does not threaten, pressurize, form and express opinion, give legal advice, and/or name call.

Advantages of Coaching

Helps to assist the trainees to get prepared for actual mediation.

Level of performance of a trainee is increased by finer tuning.

In a short duration trainer attains specific goals focused on certain results.

“Handle your words. Words will handle the situations”

Slamw

---

(All Copyrights reserved by the author S.Susheela)

Trainer should have several exercises in the trainer’s kit. Choice of exercise/s is to be cautiously made keeping in mind the capacity of the trainees and the objective of the training. An exercise which is to be given in refresher course cannot be given in 40 hours’ training. Nothing which is irrelevant to the topic under consideration should be introduced by way of exercise. No exercise should be given without proper preparation. 

There are three ways of introducing an exercise.

1. Define and explain the concept and then use the exercise to strengthen the concept.
2. Give the exercise to the trainees. Then define and explain the concept, and make the trainees corelate the concepts to the exercise done.
   This method is generally adapted in refresher courses.
3. Use the exercise independently and by using the technique of facilitation strengthen the concepts while debriefing. This method is generally adapted in advanced training

Example:

Concept

Types of negotiation and Bargaining  

1. Co-operative negotiation and
2. Competitive negotiation.    
3. Distributive Bargaining 
4. Interest-based Bargaining

Exercise Chosen

“CARDS CUT INTO TRIANGLES” exercise.

Logistics  

Step 1 – Find out the number of trainees.

Step 2 – Take double the number of square cards of equal size. If there are 25 trainees, take 50 square cards of equal size. It is better to take thick cards instead of paper sheet.  

Step 3 – Cut each card into 4 equal triangles.

Step 4 – Mix well all the triangles.

Step 5 – Choose eight assorted triangles for each trainee.

Step 6 – Distribute 8 assorted triangles to each trainee. 

Step 7 – Make a group of three trainees.

INSTRUCTIONS TO BE FOLLOWED BY THE TRAINER

1. Several square cards of same size are to be taken. 
2. Each Card is to be cut into 4 triangles.
3. All the triangles are to be mixed up. 8 Assorted triangles are to be given to each person
4. Three persons are to be in each group.

Exercise

(instructions below can be written on the board, or displayed on slide. It is ideal to also read the instructions for clarity).

Each person has to form 2 square cards, by getting the appropriate triangle/s from others. Trainees are free to work within the group and move on to the persons from other groups also to get the triangle/s to complete the squares.

End Result

Each should have two Square cards on the table.

Time Given

15 minutes

Trainer’s Role

1. Silently sit in a corner and observe how the trainees are negotiating with each other to get what they should get.
2. Find out the styles they are adapting.
3. Understand the type of bargaining each is using.

After 15 minutes

Find out how many have been successful in getting the squares.

Ask them to explain the strategy they adapted.

If only less than 5% of the group are successful, trainer has to request the trainees to redo the exercise.

Repeated Exercise

Mix all the triangles again. Give 8 triangles to each trainee. Form a group of three.

Ask each group to sit and see whether they could get a square.

Ask only one trainee from one group to move on to the next table and find the suitable triangle to complete the square. Ask that trainee to keep moving to all other groups until he/she finds all the triangles to complete 6 squares. (2 squares for each trainee).

The extra triangles left with the trainee can be asked to be placed on a table.

Now, the trainee from the next group moves from table to table and finds out the triangles to form the squares.

See to it that within 10 minutes the exercise gets over.

This exercise helps to reinforce the concept of handling multiparty negotiations.

Third Repeated Exercise

Make all the trainees sit on either side of the big table.

Spread all the triangles. Ask them to choose one person as a leader and pick up and arrange the triangles as a square.

Instruct them not to speak.

Debriefing by the Trainer

The three methods of this exercise take us to different levels to reinforce the following concepts:

1. CO OPERATIVE NEGOTIATION
   At times it is not possible to find solutions to our problems without the co-operation of our opponent/s.
2. LEARNING THE SKILL OF SETTING AN ATMOSPHERE:
   Mediator facilitates the parties to negotiate with each other in a controlled atmosphere.
3. DISTRIBUTIVE BARGAINING:
   In order to get something in negotiation, you may have to give away something.
4. DIVIDING THE PIE
   Give something and get something.
5. INTEREST BASED BARGAINING:
   You are explaining why you want something but not something else. You are giving that piece which you do not want to the person who badly wants it.
6. COMPETITIVE NEGOTIATION:
   Does not give favorable results in mediation.
   ‘I should win and others should lose’ attitude will not be appreciated.
   In Competitive negotiation there is confusion, chaos, threat, superiority as everyone is focused on what one should get and what others should not get.
7. COLLABORATIVE APPROACH:
   1. All can sit together across the table
   2. Separate people from the problem
   3. Apply principles of principled negotiation one after the other, step by step.

Advantages of the Exercise

Trainees understand the theoretical and practical aspects of negotiation.

Professionalism is developed in the trainees.

Caution  

Trainer should handle this exercise very carefully, in a strict and methodical manner, without compromising on the professionalism of the trainer. 

What Next?

The above exercise can be given in advanced training in the forenoon session, and in the afternoon a practical role play is to be given asking the participants to focus on various concepts of negotiation.

A facilitation exercise is to be followed to see the level of understanding of the trainees.

COMMON MISTAKES BY THE TRAINER

1. Trainer gets inspired by this exercise and jumps to get this exercise done without preparation.
2. Trainer does not get prepared with logistics.
3. Trainer does not give instructions properly.
4. Trainer does not observe the trainees while they are doing the exercise.
5. Trainer gives the exercise without understanding the concept to be reinforced.
6. Trainer does not prepare points for debriefing
7. Trainer does not prepare for facilitation.
8. Trainer demonstrates lack of professionalism
9. There is utter chaos and confusion everywhere. Situation goes out of the control of the trainer.
10. Trainer addresses the concerns of one or two without addressing the entire group of trainees.

ADVANTAGES TO THE TRAINER

Highest level of professionalism of a trainer can be demonstrated through this exercise.

The competence of a trainer gets noticed and appreciated when this exercise is handled professionally.

“I am always doing that which I cannot do, in order that I may learn how to do it.”

Pablo Picasso

---

(All copy rights reserved by the author S.Susheela)

“We don’t rise to the level of our expectations, we fall to the level of our training”.

Archilochus – Greek Lyric Poet

Trainer has to constantly be in the process of getting trained. With every training it is the trainer who has to get more enriched. Trainees, observers, co-trainers and the lead trainers are all the Masters for every trainer. Trainer learns from the mistakes and/or errors pointed out by any one or all the above. Trainer also learns from the mistakes and/or errors committed by the co-trainers.

DIFFERENCE BETWEEN MISTAKE AND ERROR

Mistakes

Mistakes are accidental, casual and informal but errors are not.

Example:

(a) Trainer getting in detail into the topic assigned to another trainer.

(b)Trainer going on with the session beyond the time schedule.

(c) Skipping to inform some components of opening statement.

Mistakes can be corrected by oneself. After the session, many a times trainer himself/herself knows the mistakes committed by him/her.

Mistake is referred to as a performance error. One knows something is wrong. But yet does it. Mistake happens when a trainer does not effectively use the knowledge he/she has.

Error

Errors occur due to lack of knowledge. They may be technical and formal.

Example:

(1) Giving example of distributive bargaining as an example for integrated bargaining.

Error: Lack of in-depth knowledge of different types of bargaining.

(2) Explaining Management of conflict, resolution of conflict and handling conflict to mean one and the same.

Error: Lack of knowledge of the finer distinctions. Lack of in-depth knowledge of the topic Conflict.

Errors reflect the incompetence of a trainer.

FINDING FAULT vs IDENTIFYING THE MISTAKES AND THE ERRORS.

A trainer is not supposed to find fault with the other trainer/s. But should never stop from identifying the errors and/or mistakes, and working hard on overcoming the same.

Advantages of identifying errors and/or mistakes

1. Identification of errors helps trainer (i) to strengthen content knowledge (ii) to work hard on deeper understanding of the concepts (iii) to get clarity on the areas which need hair line distinctions (iv) to get motivated to read more and work hard.
2. Identification of mistakes helps trainer (i) to avoid those mistakes  (ii) to focus on preparation (iii) to work on oneself to overcome anxiety and performance pressure (iv) to get rid off casual approach (v) to work on and achieve mindfulness.

SOME TIPS

“Observation is the Best Teacher“

WHEN THE CO-TRAINER IS HANDLING THE SESSION

1. Observe the co-trainer closely and constantly.
2. Note down the mistakes and/or errors committed
3. Note down the mistakes and/or errors identified by the lead trainer or any others.
4. Analyze as to why the said mistakes and/or errors were overlooked by you.
5. Correct yourself if you had thought the same as “No Mistake”- “No error”.
6. No matter what the co-trainer or lead trainer thinks, discuss about the mistakes and/ or errors noted down by you with the co-trainer or lead trainer.
7. Find a way out to overcome the same in future.
8. Consult seniors or others for better inputs and guidance.

AFTER YOUR SESSION

1. Prepare a list of mistakes committed by you.
2. Prepare a list of errors committed by you.
3. Note down the areas where you felt your knowledge was lacking or insufficient.
4. Request the lead trainers and co-trainers to point out the mistakes and/ or errors noticed by them and make a note.
5. Request them to give suggestions.
6. Prepare a ‘to do list’ to overcome the mistakes and/or errors.
7. Work as per the ‘to do list’.
8. Cross check with the result in the next session.   

“Mistakes are always forgivable if one has the courage to admit them.”

Bruce Lee

---

(All copy rights reserved by the author S.Susheela)

“There is no teaching to compare with example”

Sir Robert Baden Powell
(British General and founder of the modern scouting movement)

Examples make the learning process short and effective. Adults can follow the examples very easily. Trainer has to master the skill of giving apt examples.

Methodology

There are two methods of using examples.

1. Introduce the concept first and later give an example to bring clarity in the understanding of the concept.
2. Give an example first and then introduce the concept.

METHOD – 1

In this method concept is introduced first and then examples are given. Even though many experts consider this method as backward teaching, it has got its own advantages in training.

SUBJECT: Questioning skills – Open ended question.

---

CONCEPT: What is an open-ended question?  

An open-ended question is one where the answer runs into several sentences. The person who gives the answer gets into an explanatory mode”.

EXAMPLE:    

1. Tell me something about your married life from the beginning?
2. Why and how did the business reach the current position?

---

METHOD – 2 

In this method, a trainer just reads the title of the topic. Trainer does not explain the  concept in the beginning but begins with the example.

SUBJECT: Dispute

CONCEPT: What is a dispute? How does it arise?

---

EXAMPLE:

Raju and John are neighbors.

Raj wants to enjoy his property peacefully.

It is not happening.

Raju does not want John to interfere with peaceful and enjoyment of his own property.

It is happening.

John is throwing all wastes in to Raju’s Compound. 

John is parking his car in front of Raju’s gate obstructing the passage.

There is a dispute between Raju and John.

Raju has filed a suit for permanent injunction against John.

CONCEPT:  Dispute is the result of violated expectations.

It arises when: What one wants is not happening 

It may also arise when:

What one does not want is happening.

---

A Trainer has to clearly understand why a particular method of giving example is being used in a given situation. Whether a concept should be preceded by an example or followed by an example has to be thought well before hand by the trainer.

Preparation

1. IDENTIFICATION:
   1. Identify the concept to be introduced and understand it well.
   2. Identify the object of giving example in a given situation.
   3. Identify the example to be given.
   4. Keep at least 3-4 examples ready to explain any concept.
2. CHECK
   1. Trainer has to check whether the concept gets more concrete with the example that is being given.
   2. Trainer has to check whether there is any possibility that the trainees would misunderstand the concept because of the example.
3. CONSTRUCTING THE EXAMPLE:
   1.  Example should be short and sweet.
   2. Easily understandable.
   3. Should not have a greater number of characters.
   4. Each fact must be in a single sentence. Follow the principle of “one fact-one sentence”. (See the example of Raju and John given above)
   5. Example should not be confusing.
   6. Example should not require further explanation.

Common Mistakes

1. Giving example without even introducing the title of topic/sub topic.
2. Giving very lengthy example with unnecessary details, and making the trainees lose track of events.
3. Giving example which is in no way relevant to the topic under discussion.
4. Not doing summation as to how the concept is to be understood through the example.   
5. Not doing sufficient homework on the examples.
6. Picking up some example on the training floor and giving it to the trainees, without testing whether the same would be appropriate or not.
7. Copying the example given by a trainer in another training and using it, without understanding and internalizing the concept to be understood through the example.
8. Not working on the objective of the example.
9. Giving examples which would create more doubts
10. Giving examples where narration gains more concentration than the concept. (Trainees remember the example as a story but do not remember in what context the example was given)

Caution

Example given by the trainer should not be an example for INCORRECT EXAMPLE.

“A good example is like a bell that calls many to church.”

Danish Wisdom

---

(All copyrights reserved by the author S. Susheela)

SIX different types of role-plays can be considered:

1. Role-play without any confidential information.
2. Role-play with confidential information.
3. Role-play with different set of confidential information to different groups.
4. Role-play without giving confidential information but asking the participants to give their own confidential information.
5. Same Role-play (i) without confidential information to a group or two, (ii) with same confidential information to a group or two, (iii) with different set of confidential information to one or two groups, and (iv) same role play without confidential information but with a direction to the participants to create their own peculiar confidential information which may lead to the resolution of dispute.
6. Same Role play with confidential information given by third parties, with a request to the mediator not to reveal it to the disputing parties.

1. Role-play without any confidential information

Such role plays are generally used to bring the clarity on the procedural aspects of mediation. This is purely process related. In such role plays emphasis will be on whether the participants have understood the nuances of procedural aspects of mediation. The focus is on introducing the participants to the concept of structuring the joint and private sessions. This enables them to conduct joint session and private sessions effectively.

Trainer will draw the attention of the participants to meticulously follow the instructions regarding greeting, seating, self-introduction, introduction of the participants, points to be covered in the opening statement.

In such role plays emphasis is never laid on the settlement.

Such role plays are often concluded with one joint and two private sessions each with each of the disputing parties.

It is advisable to give first role-play to the participants without any confidential information and limiting it to the understanding of the structuring of the mediation process.

The second role play without confidential information can lay emphasis on demonstrating their understanding of body language, active listening, acknowledging, summarising, paraphrasing, restatement, reflection, re-framing, filtering, questioning skills, handling emotional outbursts.

2. Role-play with confidential information

In such role plays uniform confidential information is given to all the participants (excepting to those who are playing the role of mediators).

Trainer has to instruct the participants playing the role of disputing parties not to reveal the confidential information on their own and the participant playing the role of mediator is to be instructed to see whether he/she can get the confidential information if any from the disputing parties.

In such role plays the de-briefing should focus on:

i) REVEALING OR NOT REVEALING THE CONFIDENTIAL INFORMATION

a. Whether the mediator could get the confidential information?

b. If so, what made the disputing party/s reveal the confidential information?

c. If not, why did the mediator fail to get the confidential information?

ii) TECHNIQUES 

Techniques to be used by the mediator to get the confidential information:

a. Importance of empathy

b. Setting the atmosphere

Even this second type of role plays with confidential information need not be taken to the stage of settlement or no settlement. It should focus on the element of getting the confidential information.

The next role-play should have confidential information and the parties must be encouraged to move till the stage of settlement or no settlement.

The debriefing here should have an additional element:

1. Taking note of settlement arrived at by different groups.
2. Drawing the parties’ attention to the fact that with the same set of confidential information different groups have agreed upon different settlement terms.

This will make the participants understand that there can never be a single solution to any problem with same set of facts and that every problem is unique and that solution to each problem of each individual is different.

Trainer has to make the trainees understand this concept very clearly by the end of the debriefing.    

3. Role-play with different set of confidential information to different groups.

Such role plays are generally used in refresher courses, where the participants have already handled around 50 mediations.

In such role-plays, parties must be encouraged to move till the stage of settlement or no settlement.

De briefing should focus on:

1. Each group disclosing the confidential information at the time of debriefing to other groups
2. Taking note of settlement arrived at by different groups.
3. Drawing attention of the participants to the fact that different groups with different sets of confidential information, may or may not have the very same settlement terms.

4. Role play without giving confidential information but asking the participants to give their own confidential information while involving in the role.

Such role plays are to be used in advanced mediation training courses.

In such role plays the focus is not just on the trainee who plays the role of a mediator but on the trainees who play the role of disputing parties. To see whether the trainees can step into the shoes of disputing parties. When participants are asked to create their own confidential information, they try to step into the shoes of the disputing parties. They virtually become parties but not just role players.

In such roleplays, parties must be encouraged to move till the stage of settlement or no settlement.

De briefing should focus on:

1. Each group disclosing the confidential information at the time of debriefing to other groups and informing whether such disclosure of confidential information has helped in the resolution of dispute.
2. How in the given set of same facts, confidential information vary from person-to-person
3. What is confidential to a party may or may not have any nexus to the resolution of dispute.
4. Taking note of settlement arrived at by different groups.
5. Whether the Mediator ignored the confidential information.
6. How did the participants frame the confidential information? What was the basis for this?

5. Same Role play without confidential information to a group or two, with same confidential information to a group or two, with different set of confidential information to one or two  groups, and same role play without confidential information but with a direction to the participants to create their own peculiar confidential information which should lead to the resolution of dispute.

Instruction should be given to

1. a group to disclose the confidential information voluntarily.
2. a group not to disclose the confidential information voluntarily to the mediator but to see whether the mediator makes his/her efforts to provide an atmosphere for revealing the confidential information.
3. a group to disclose the confidential information to the mediator with a rider not to disclose the same to the other side even though such communication would result in the resolution of dispute.
4. a group to disclose the confidential information to the mediator and also giving the discretion to the mediator to either disclose it to the other side or not to.

 Such role plays must be given to very seasoned mediators in advanced training programs.

It is ideal to precede such role plays with a facilitation exercise on confidential information, either on the same day or on the previous day.

Some of the topics that may be considered for facilitation in such cases:

1. Will every dispute have confidential information?
2. Is it necessary for the mediator to presume the existence of confidential information in every mediation?
3. Should mediator persuade the parties to disclose the confidential information?
4. Should the mediator disclose the confidential information to the other side, (when permitted by the party), or should the mediator provide an atmosphere for a   party  to disclose it to the other party?
5. Will disclosure of confidential information by the disputing parties definitely result in settlement?

6. Same Role play with confidential information given by third parties, with a request to the mediator not to reveal it to anyone.  

It is desirable to give such role plays to seasoned mediators in advanced courses.

Debriefing should focus on:

1. Handling mediator’s dilemma as to whether the confidential information given by a third party has to be revealed to the disputing parties or not.
2. How to overcome the consequences of not revealing the confidential information.
3. What is required to be done to see to it that the third parties come forward to reveal the confidential information to the mediator in the presence of the disputing parties?

It is better to precede the role play with a facilitation exercise on:

Whether the confidential information given by a third party has to be revealed to the disputing parties or not.

THE LOGIC BEHIND:

1. When the role-play is followed by the facilitation exercise the concepts will get more concrete.
2. Mediators will know the myth and reality about the confidential information.

CONCEPTS:

1. Understanding the Importance of confidential information in Mediation.
2. Party’s right of self determination governs the field of confidential information.
3. At times, a confidential information is just another piece of information.
4. Disclosure of confidential information never assures settlement.
5. Mediator’s Dilemma 
6. Techniques to make the parties reveal the confidential information voluntarily.

COMMON MISTAKES:

1. Giving the role play with or without confidential information and asking the participants to go ahead with it.
2. Debriefing being limited to the terms of settlement or finding out whether there was settlement or not.
3. Debriefing without touching upon the concepts to be reinforced. 

Point to ponder:

If I had to get myself trained by someone would I have chosen “me “ to be my trainer? If the answer is “NO”, it is time to work on myself.

---

(All Copyrights reserved by the author S.Susheela)

It is John Wooden, famous Basketball Coach who said,

“Make Each Day Your Master Piece”.

Everything that a trainer does in training should be a master piece. Role play is not an exception.

Trainer has to think well before giving a role play.

Thorough preparation is the primary step.

Preparation depends on the primary question ‘What does the trainer want the trainees to learn from the given role play?’

If the trainer wants the trainees to know the procedural aspects of mediation, a simple role-play with general information consisting of facts of the plaintiff and defendant would be enough.

In pre briefing trainer would ask the trainees to follow all inputs given regarding greeting, seating, opening statement, joint session and private sessions.

In de briefing session Trainer would ask questions to each member of the group only about procedural aspects. Trainer would ask only closed ended questions and frame question in such a way that the question asked to one will not be asked to the other in the same group. Trainer will frame and ask questions which relate only to the procedural aspects of mediation.

Example:

1. Did the mediator introduce himself?

2. Tell me one point that the mediator failed to inform in the opening statement?  

However, if the trainer wants to strengthen the skills of trainees then the questions that will be asked will be entirely different.

Example: 

1. Was the mediator actively listening?

2. Did the mediator ask open ended question?

3. Can you repeat some open-ended questions asked by the mediator?

4. Was the mediator suggesting?

5. Can you tell us the suggestions given by the mediator?

Thus if the trainer wants the trainees to understand about open-ended questions and about not giving suggestions, the questions should be framed only along those lines.

STEPS TO BE FOLLOWED DURING DE BRIEFING:

1. Setting the goal:
   • Trainer has to identify the principle which needs to be strengthened.
   • Formulate questions revolving around one principle at a time.
2. Activity
   • Ask questions.
   • Reinstate the principle after getting the answer
3. Move to the next principle

Repeat step (1) and (2).

Advantages:

By well-designed and properly monitored de-briefing session the trainees will know how to apply the theoretical knowledge to practical situations.

CAUTION:

1. Trainer should not get into explanatory mode. 
2. Trainer should not restart the session on the topic while debriefing.
3. Trainer should not use more than two sentences to reinstate the principle.

“Z” – Movements:

Trainer should ask one question about one principle with members of one group. Receive their answers and do a summation emphasizing on the concept. Then, the trainer has to move on to the next group with another set of questions on some other principle. Once all the groups are covered, trainer can again get back to the first group with some other questions framed in such a way that the answers to such questions will strengthen their content knowledge.  

This method also helps in keeping all the participants alert and equally engaged.

PRE-BRIEFING ABOUT DE BRIEFING:

Before starting the debriefing, trainer has to see to it that attention of all the participants is drawn towards the trainer. Trainer has to inform them about the importance and advantages of debriefing. Trainer must also inform them as to how each one can learn from the inputs given by the other.

This process will keep all the trainees attentive and there will be seriousness in learning. 

COMMON MISTAKES:

1. Not planning for debriefing
2. Not keeping a checklist of principles to be reinstated.
3. Not knowing about the principle to be reinstated.
4. Not setting an agenda
5. Commencing debriefing without setting an atmosphere for debriefing
6. Not framing closed-ended questions which will lead to answers strengthening the Content knowledge.
7. Asking the very same question to all the participants, knowing fully well that the answer will be the same.
8. Losing control over the audience.
9. Allowing the participants to talk amongst themselves.
10. Asking random open-ended questions which will allow the participant to talk at length getting into unnecessary details.
11. Getting into lengthy conversation with the trainees
12. Not having command over questioning skills

Quoting John Wooden again

“It is the little details that are vital. Little things make big things happen”

---

(All copy rights reserved by the author S.Susheela.) 

Role play forms very essential part of Training program. Training being a combination of theoretical and practical aspects of mediation, role plays form base for understanding the nuances of mediation. In forty hours’-training program there has to be at least two role plays per day. Maximum learning in any mediation training program happens through Role-plays. Demonstration of very great level of professionalism on the part of the trainer is required while conducting role-plays.

The following tips may be used:

PREPARATION OF ROLE PLAY

1. Role play must be in simple and easily understandable language.
2. If possible, the same can be prepared in the vernacular language.
3. It is better to use story lines from the mediations handled by the trainer or cases conducted by the trainer as an advocate.
4. In the initial stages of the training it is ideal to provide role plays in which there are not more than 2-4 characters. E.g. Plaintiff, defendant, defendant’s brother etc.
5. The facts of the case of the plaintiff and of the defendant be written in not more than one or two paras. Let not the narrative run into several pages.
6. Give confidential information in single sentence one after the other.

Example:

Plaintiff is not interested in suit schedule properties.

Plaintiff is interested in taking cash and walking out.

Defendant is interested in retaining the suit schedule properties.

Defendant does not mind allowing the plaintiff to use the ancestral house.

PREPARATION OF LOGISTICS

1. Sufficient number of legible copies of role plays must be kept ready.
2. Papers must be kept in separate covers with specific Marking.

Example:

Paper to be given only to the Plaintiff is to be kept in a separate cover with a Marking “Plaintiff’s confidential information”.

FORMATION OF GROUPS

1. Trainer should keep the list of trainees throughout the training program.
2. For every role play, the group members are to be identified by the trainer well in advance.
3. It is ideal to take the list of trainees before the first day of training itself, and prepare the list of members of each group, for each role play.

ON THE FLOOR – FORMING THE GROUP AND ASSIGNING THE ROLES

1. Trainer has to call out the names of the participants of each group and assign them the roles.
2. Until all the group members are seated papers should not be distributed.
3. Once the group members know who has to play which role, papers are to be given.
4. Five minutes’ time is to be given to the participants to read the facts of the case.

PREBRIEFING

Telling the Gist: After drawing attention of all the participants, trainer has to give the gist of facts of the role play.

Motivation: Trainer has to motivate the participants to involve in the assigned roles.

INSTRUCTIONS

1. Trainer has to inform the participants the objective behind the role play.
2. Trainer has to give specific instruction as to what is required to be done by each role player.
3. Trainer may inform the participants how to allot time for each stage.

Example:

Greeting seating Opening statement 10 minutes.

Joint session – 15 minutes

Private session with each group 15 minutes.

FOLLOW UP

As the role play is going on the trainer has to move from one group to the other and help them with feedback. Trainer has to make note of the mistakes if any committed by the participants. If the trainer finds it difficult to correct the trainee during the role play, the points can be noted and the trainee can be corrected after the role play is over.

---

SOME MISTAKES                                                    

1. Not working on the role plays before hand.
2. Not keeping sufficient number of copies.
3. Not structuring the seating, assignment of roles and distribution of papers in a professional manner.
4. Not anticipating the probabilities of chaos, confusion and indiscipline.
5. Not knowing the facts of the role play.
6. Not working on how to tell the gist of the role play.
7. When some questions are asked by the trainees, picking up the paper and reading the facts for the first time.
8. Not informing the participants as to what is expected to be done and how.
9. Allowing the participants to choose the roles on their own.
10. Not monitoring the participants while they are doing the role play.
11. Not assigning specific task to each of the co-trainers.
12. Considering the role play time as free time for the relaxation of trainers.

“Professionalism is all about how you do what you do”

---

(All Copyrights reserved by the author S. Susheela)                      

Ice Breakers used in training should have an element of learning coupled with an element of fun.

Ice breakers are used to give a serious message to the trainees through a light exercise.

“Nothing which is not part of learning should be introduced in the training”

COMMON INTEREST – ICE BREAKER  

Step-1

1. Trainer asks the trainees to form a group of three. Waits till they form the group.
2. Trainer asks them to discuss amongst themselves and identify a subject of common interest of all the three and write it on a piece of paper.
3. Trainer tells them that only one subject of common interest is to be identified.
4. Trainer gives them 3 minutes’ time, and monitors the time with a timer.

Step-2

1. Trainer invites one group to the stage.
2. Receives the paper on which common interest is written and looks at it.
3. Asks one of the participants in the group to demonstrate only in action through non verbal communication what is the “common interest”
4. Requests the audience to identify the common interest.
5. If the audience fail to identify, the other member in the group is requested to demonstrate.
6. If the second member fails to help the audience identify, then the third member is requested to step in.
7. If all the members of the group fail to help the audience identify, then the trainer reads what is written on the paper.

Step-3

Trainer repeats this with all the groups.

VARIED RESULTS

Example:

When this ice breaker was introduced in a training session, the results were different

A group had identified the “common interest” as “listening to old songs” and demonstrated it correctly.

Another group had identified the common interest as “cooking” but could not demonstrate it without using words.

Another group had strangely identified the common interest as “Male lawyers”. None could identify.

On questioning they admitted that they had misunderstood the words “Common interest” as “Common factor”.

The above ice breaker helps us learn many things:

1. It helps to make the members of the group to communicate with each other in order to understand a specific objective within a short time.
2. It helps trainees to develop the skill of conversing with others with an object in mind.
3. This will help prepare them in getting the information from the disputing parties in actual mediation.
4. This will help the trainees to train themselves to work within a time frame and in a focused manner.
5. This will help the trainer to understand the level of comprehension of the trainees.
   For example, When the group members had mistaken “common interest” to mean “Common factor”
6. This will help the trainees to develop the art of communication without the use of words.
7. It will help the trainer to understand how good are the trainees in understanding the non-verbal communication, which is essential part of mediation.  
8. This exercise will become part of further learning about active listening., and help the trainees to enhance their skills of communicating without using words, and understanding what is not spoken in words.

DE BRIEFING BY THE TRAINER

• Trainer should explain the objective of the ice breaker exercise.
• Explain each element (as shown in (i) to (viii)) so that trainees understand the importance of the exercise.

PREPARATION BY THE TRAINER

1. A Trainer should have 10-15 ice breakers in the Trainer’s Kit
2. It is ideal to make a list of the learning objectives with each of the exercises and keep it ready in the trainer’s kit.
3. Should know the objective of using a particular ice breaker at a particular point of time.
4. Learning objectives must be very clear in the mind of the trainer and should be communicated to the trainees, after the exercise.
5. Should think about the suitability of the exercise.

---

(All copy rights reserved by the author S.Susheela)