Tips and Techniques for Successful Mediation

Transcription

1 Tips and Techniques for Successful Mediation November 3, 2016

2 Objectives IDENTIFY SUCCESSFUL MEDIATION OUTCOMES IDENTIFY CONFLICT STYLES ELEVATING INTERESTS ABOVE POSITIONS REMEMBER THE BRAIN PLAYS A HAND IN EVERY INTERACTION PUTTING IT ALL TOGETHER (LAST BUT NOT LEAST, LET S HAVE A LITTLE FUN) 11/7/2016 Prepared by DRS for TADRO 2016 Attendees 2

3 A.) Written agreement disposing of all issues B.) Partial agreement that reduces issues for trial What is a successful mediation? C.) No agreement, parties walk away with better communication skills D.) No agreement, parties walk away with better understanding of each other and/or issues in dispute E.) No agreement, no arrests, and no violence F.) All of the Above 11/7/2016 Prepared by DRS for TADRO 2016 Attendees 3

4 Life Auction Activity 11/7/2016 Prepared by DRS for TADRO 2016 Attendees 3

5 Identifying Interests love respect power safety security approval freedom appreciation competence fun comfort acceptance consideration privacy trust understanding order friendship self-esteem physical needs (food, shelter, clothing, etc.) control relaxation excitement Other: Other: Incorporated by DRS from handout prepared by 11/7/2016 nafcm.org 4

6 SELF-ACTUALIZATION: Personal growth and fulfillment Maslow s Hierarchy of Needs ESTEEM NEEDS: Achievement, status, responsibility, reputation BELONGINGNESS AND LOVE NEEDS: Family, affection, relationships, work group, etc. SAFETY NEEDS: Protection, security, order, law, limits, stability, etc. BIOLOGICAL AND PHYSICAL NEEDS: basic life needs- air, food, drink, shelter, warmth, sex, sleep, etc. Thank you, from Dispute Resolution Services of North Texas, Inc. Founded 1982 Incorporated by DRS from handout prepared by nafcm.org 11/7/2016 5

7 SELF-ACTUALIZATION: Real Estate Transactions, Probate, Contracts, business/corporate law, etc. ESTEEM NEEDS: Bankruptcy, Debt Collection Defense, Consumer law, issues, wrongful termination, etc. Flynt s Hierarchy of Legal Needs BELONGINGNESS AND LOVE NEEDS: Suit Affecting Parent-Child Relationship, Establishment of Paternity, Expunction/Non-Disclosure SAFETY NEEDS: Protective Orders, Custody Orders, Restraining Orders, Etc. BIOLOGICAL AND PHYSICAL NEEDS: SNAP, Landlord/Tenant, Social Security, Child/Spousal Support, etc. Thank you, from Dispute Resolution Services of North Texas, Inc. Founded 1982 Incorporated by DRS from handout prepared by Jacquelyn A. Flynt for TWU Law Poverty Law Course 11/7/2016 6

8 Communication, Conflict and the Brain 11/3/ Adapted from How it Works by DRS for Introduction to the Basics of Communication and Conflict Resolution

9 Activity Completing the Thomas-Kilmann Conflict Mode Instrument Which one are you? Avoiding Accommodating Competing Collaborating Compromising 11/7/2016 Prepared by DRS for TADRO 2016 Attendees 7

10 BUILD RELATIONSHIP ACCOMMODATIVE COLLABORATIVE Your Way Our Way Conflict Styles LOSE GOAL COMPROMISE ACHIEVE GOAL AVOIDANCE COMPETITIVE No Way My Way WEAKEN RELATIONSHIP Thank you, from Dispute Resolution Services of North Texas, Inc. Founded 1982 Incorporated by DRS from handout prepared by nafcm.org 11/7/2016 8

11 Responses to Conflict Avoiding The avoider wants out at all costs. Behaviors: Silence and withdrawal. You would rather ignore the problem or walk away than confront it. Results: The problem is still there, and you may feel guilty for not dealing with it. Incorporated by DRS from document Prepared by Jamie Damon. 11/7/2016 The Neighborhood Mediation Center, 4815 NE 7 th Ave, Portland, 9 Oregon

12 Responses to Conflict, Cont'd Accommodating The accommodator wants to be liked at all costs. Behaviors: Helping, appeasing, protesting, seeking approval. You let the other person win just to end the confrontation. Results: The other person probably did not hear or understand what you were trying to say or what your interests are. You could be easily taken advantage of and end up a doormat. Incorporated by DRS from document Prepared by Jamie Damon. 11/7/2016 The Neighborhood Mediation Center, 4815 NE 7 th Ave, Portland, 10 Oregon

13 Responses to Conflict, Cont d Competing The competitive person wants to win at all costs. Behaviors: Intimidation and abuse. Results: You are seen as a bully. People may not want to work with you, and they may automatically react to you defensively or challenge you. Incorporated by DRS from document Prepared by Jamie Damon. 11/7/2016 The Neighborhood Mediation Center, 4815 NE 7 th Ave, Portland, 11 Oregon

14 Responses to Conflict, Cont'd Collaborating The collaborator wants everyone s truth to be honored at all costs. Behaviors: I statements, respectful confrontation, empathizing with the other party s interests. Results: You hear each other s point of view and understand each other s interests. You figure out the best mutual solution. Incorporated by DRS from document Prepared by Jamie Damon. 11/7/2016 The Neighborhood Mediation Center, 4815 NE 7 th Ave, Portland, 12 Oregon

15 Responses to Conflict, Cont d Compromising The compromiser wants to be fair at all costs. Behaviors: Keeping score, changing the rules, deferring to higher authority are some of the ways you function. You give up something and they give up something. Results: The other person does not know what your interests are. The situation may be resolved quickly but may not be the best way or most lasting resolution. Incorporated by DRS from document Prepared by Jamie Damon. 11/7/2016 The Neighborhood Mediation Center, 4815 NE 7 th Ave, Portland, 13 Oregon

16 Importance of Outcome HIGH Competitive (Win/Lose) Collaborative (Win/Win) NEGOTIATOR STYLES AND OUTCOMES Compromise (Split the difference) Avoiding (Lose/Lose) Accommodating (Lose to Win) LOW Importance of Relationship HIGH 11/7/2016 Handout prepared by Indyspute.org and Incorporated by DRS 19

17 Characteristics of 3 Major Mediation Styles Evaluative Facilitative Transformative Mediator as Authority High Moderate Low Mediator s Focus Keeping parties negotiating at most costs. Administering the process Facilitating the conflict communication Nature of Agreement Distributional, limited issues Integrative, more issues Integrative, + deeper party understanding 11/7/2016 Adapted by DRS from handout prepared by indyspute.org 21

18 Pros and Cons of 3 Major Mediation Styles Evaluative Facilitative Transformative Use of Joint Sessions Primarily caucus, with mediator engaging in shuttle diplomacy Joint, but emotion closely monitored and goes to caucus if emotion adversely impacts the process Primarily joint, because focus is on parties understanding of one another Pros High settlement rate on stated issues. Generally more expedient than litigation Encourages exploring underlying interests. Emphasizes integrative negotiation for complex disputes. Helps parties to better understand the conflict s complexities from multiple perspectives. Resolutions are typically integrative with high durability & compliance rates. Cons Does not address unstated or underlying interests. Often low process satisfaction amongst participants (similar to court proceedings). Process may expose information that could work against mediator. Process may be too rigid given the parties relationship. May take longer to reach areas of agreement. Process may be too loose for parties seeking mediator recommendations. 11/7/2016 Adapted by DRS from handout prepared by indyspute.org 22

19 Doing Your Conflict Homework (Getting to Interests) Think of a specific conflict with another person, and answer these questions about it. 1. How specifically does this conflict affect each of us? Me: The other: 2. What interests or values are at stake here for each of us? Me: The other: 3. What prejudices or assumptions do we have about each other? Me: The other: 4. What approach or style would be best here (avoid, compete, collaborate, etc.)? 5. If I choose to try the collaborative conflict resolution process, what would be the best time and place to approach the other person? Time: Place: 11/7/ Incorporated by DRS from handout prepared by nafcm.org

20 Questions? Thank you, from Dispute Resolution Services of North Texas, Inc. Founded /7/2016 Prepared by DRS for TADRO 2016 Attendees 24