MEDIATION TRAINING

MEDIATION TRAINING. TOPIC MEDIATION. ‹#›.

Mediation. Mediation is the art of dividing a cake in such a way that everyone believes that he/she has got the biggest piece ; Ludwig Earhard But what if someone wants the whole cake?.

Learning Objectives. By the end of this module, the trainee shall be able to: Define mediation and its philosophy Explain the advantages of mediation over other forms of dispute resolutions Describe principles on which mediation is grounded.

Definition of Mediation. It’s a facilitative and confidential structured process in which parties voluntarily seek to reach an amicable settlement by themselves with the assistance of an independent third party called a mediator..

Definition…. Is an intervention to resolve a conflict that is already underway. Is performed by a third party, the mediator, who is accepted by all parties The mediator has no power to make an authoritative decision The mediators' role is to aid the parties to voluntarily reach a mutual acceptable solution to the conflict (Christopher W. Moore, 2015).

Mediation. Mediation- a process in which a neutral third party (mediator) skillfully assists disputants to reach a consensual, negotiated settlement to their dispute.

Characteristics of Mediation. Mediation is a voluntary, party centered and well organized (structured) negotiation process where a neutral third party (mediator) assists the parties to mutually search for solutions to their conflicts. It is non adversarial, interest and needs based, flexible and self determining process, where the parties have total control of the scope and outcome of the mediation..

Characteristics of Mediation…. Mediation is cost – effective in terms of time, money and emotional energy invested in the process. It is private and confidential. It purely depends on the good will of the parties unless the agreement is recorded and signed by all..

MODELS of MEDIATION 1. Facilitative. Here, the mediator helps the parties to resolve their differences by facilitating communication, eliminating negative emotions, and supporting the parties in determining their interests and positions and in searching for creative both gain solutions. The mediator provides the structure, reduce stress and elicit information without suggesting solutions..

Models of Mediation 1. Facilitative….. The mediator remains neutral, non judgmental and compassionate throughout the process being in control of the process while allowing the parties to be in control of the out come..

Models of Mediation 2. Evaluative. In addition to facilitating dialogue, the mediator assists the parties in reality testing their positions and interests guiding them towards settlement. The mediator helps the parties in evaluating their position s , needs and options. The mediator assists the parties to reflect and consider the following possible outcomes: BATNA: Best Alternative To a Negotiated Agreement-.

Models of Mediation Evaluative….. WATNA: Worst Alternative To a Negotiated Agreement MLATNA: Most likely Alternative To a Negotiated Agreement.

Models of Mediation 3. Transformative. Based on Bush & Folger (2005), transformative mediation’s objective is to transform the parties, both individually and in relation to one another through empowerment and recognition. The mediator helps the parties go beyond settling the conflict and into looking into themselves to transform their thinking patterns from negative to positive..

Advantages of Mediation. Less expensive in terms of time invested, financial implication, emotional and psychological torture It is self determining as it’s the parties who controls the process in terms of the outcome, venue timings and the scope of the issues Results to a win – win outcome.

Advantages of Mediation…. Due to a conducive environment created by the mediator, parties are able to express themselves more effectively thereby promoting better understanding of each others position and interest regarding the issues in dispute. The confidentiality nature of mediation encourages open discussions thereby improving the quality of decisions made..

Disadvantages of Mediation. May not always result in settlement agreements. May not be suitable when parties need urgent protection Does not create precedent since no records are kept Thrives on goodwill of the parties which might not be their in a culture with win lose mentality.

Roles and Responsibilities of the Mediator. Convening the meetings Educating the parties and their advocates all about mediation – what it is, the process of mediation, ground rules of mediation. Outcomes of mediation , nature of mediation and the advantages of mediation over other dispute resolution mechanisms especially litigation.

Creating healthy environment for a healthy discussion throughout the whole process of mediation Ensure necessary documents are signed by parties and properly kept Assist parties to identify their interests, formulate and evaluate options for negotiated settlement agreements.

Roles and Responsibilities of the Parties. Act in good faith, cooperate and have an open mind Honestly share relevant information, maintaining confidentiality as well as generate options creatively Sign relevant documents and implement agreement..

Areas where Mediation can be Applied. 1. Workplace mediation unmanaged employee conflict is perhaps the largest reducible cost in organizations today – and probably the least recognized. Interdependent workplace relationships are a fertile soil from which conflict can sprout.. impact of conflicts at work place as follows: a) Wasted time – about 40% of managers time is spent reaching agreements with others due to conflicts..

Impacts of Unresolved Workplace Conflict…. b) Reduced quality decisions – decisions made under conditions of conflict are always inferior to decision made when cooperation prevails. c) Loss of skilled employees – when an organization losses a skilled employee, the organization experiences extra costs and loss of productivity in; recruiting fees, interviewing time, orientation of the new recruit and retraining costs..

Impacts of Unresolved Workplace Conflict…. d) Restructuring- often, design of interaction required between employees in conflict. Unfortunately, the restructured work is usually less efficient than the original work. e) Sabotage/theft/damage – there is a correlation between prevalence of employee conflict and the amount of damage and theft of inventory and equipment. And , covert sabotage of work processes and management’s effort ussualy occurs when employees are angry at their employer.

Impacts of Unresolved Workplace Conflict…. f) Lowered job motivation- employees experience erosion of job motivation due to the stress of trying to get along with a “difficult person”. g) Lost work time and health costs – absenteeism and sick leaves. Employees missing from their work places so as to avoid those they are in conflict. To get an estimate of the total financial cost for the issues above, visit www.mediationworks.com..

Other areas where Mediation works. Family mediation – includes succession and administration, marital disputes, children maintenance and custody. Commercial mediation – partnership disagreement Insurance and Personal injury claims Environmental Tax disputes and many others..

The Rationale of Using Mediation. The very nature of mediation structure and process allows disputants have a facilitated dialogue long enough to allow natural forces within the parties to interact transforming conflicts into cooperation thereby making interpersonal peace..

WHEN SHOULD ADR NOT BE USED? When the parties have lost trust in each other and are not willing or have no good faith to restore it. If the matter has a substantial public interest of constitutional, environmental, or health and safety nature If previous attempts to use DRM have failed and there is no new evidence that it should be attempted again..

‹#›. WHEN SHOULD ADR NOT BE USED? If there is violence, abuse or sometimes criminal activities to the extent that one party could be at risk or be endangered by the process.

‹#›. THANK YOU DAISY KERICH CHERONO 0723057463 0780293909.