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Week 4: Mediation

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This week, we explore the mediation process. An introductory article is available here.

The following questions are topics you can address in your group discussions, or in response to this thread.
-What makes the mediation process successful?
-To what extent should a mediator be impartial? It this realistic? How can a mediator self-moderate to ensure fairness?
-In what situations is mediation appropriate? Inappropriate?
-How can you apply the principles of mediation in other, non-formal settings?

Additional suggestion: perform a mock-mediation in your live/online discussion group, taking turns acting out different roles. Although it sometimes feels "silly," this is the best way to sharpen your skills as a mediator!

ZM L's picture
ZM L
Thu, 2011-02-24 08:54

The NVC is a total mystery to me (Still got no clue) but this mediation seem much easier to digest :)

- What makes the mediation process successful?

I think it's due to a 3rd person involve, 1 that doesn't reflect the interest of either party. The 2nd is due to a set process. Everyone is given time to give his speech without being interuppted as happen often in conflicts. This allows the full story from each side to be told.

- To what extent should a mediator be impartial? It this realistic? How can a mediator self-moderate to ensure fairness?

I think a mediator should be totally fair, but that is quite unleastic because usually the mediator would also be someone whom one of them knows (other wise how you call him up in the 1st place?), The mediator may also be someone with his own interest. He may try to gear the solution to one that benefits him most. A mediator can self moderate by constantly reminding himself that the goal is to stop the conflict, not to make 1 side feel bitter and another feel victory like a judge giving a verdict at the end of a trial. It is not who's right or wrong, who win or lose here.

-In what situations is mediation appropriate? Inappropriate?

- The mediator doesn't have a special link with either 1. Friends are not encouraged here.
- The mediator must have reasonable amount of knowledge and have a certain charisma in him to be respected by both sides. Respect for the mediator can help a lot I believe. Thus the status of the mediator is important.
- Both sides have agreed to a set of ground rules before the mediation process starts.

How can you apply the principles of mediation in other, non-formal settings?

Hmmm as much as I try to think about this, I couldn't think of a scenario. :(

Melanie Horsman's picture
Melanie Horsman
Wed, 2011-03-09 21:14

First and foremost, my apologies for not posting earlier. I have been extremely busy on a new work assignment. I know first hand that mediation does work, from having worked in the field of law for over 10 years.

What makes the mediation process successful?

What makes the process of mediation successful is that both participants are usually at an impase and compromises must be made. Having an impartial third party is paramount in helping to cut through the strong emotions often involved. In Ontario, in family law, parties can not drag an action out, mediation is mandatory. This has helped to move along very contentious matters.

A mediator should remain as impartial as humanly possible. Having said that, it is not realistic. What is realistic is that a mediator should constantly be examining themselves and the basis for the views & decisions to ensure that they are as impartial as possible. If one side senses that the mediator is not impartial, confidence in the process is eroded.

Mediation is really about giving each party an opportunity to air their issues in a neutral setting, while being respectful, and to actively listen and work towards a settlement. It is hard to remain unreasonable when a third party is observing, the atmosphere can take the rage and anger out of the equation.