Human Resources

Mediator Criteria, Skills & Training

As a mediator you are working with the 3 Ps:
1. Supporting the people
2. Controlling the process
3. Solving the problem
Who will make a good mediator?
Ee!tive mediators have a !om"ination o spe!ii! #ualities$ !hara!teristi!s$ a!#uired
knowledge and spe!ialist skills.
What are the qualities and personal characteristics sought in a mediator?
%he patience to do the &o" as disputants in!h their way towards resolution.
%he personality probing skills o a good psy!hiatrist.
%he a"ility to give ull attention to disputants and staying o!ussed.
'emonstrated integrit! and impartialit!, putting ones own opinions$ rea!tions and even
some prin!iples to one side.
A"ility to empathise and "e gentle$ to withhold &udgment.
Comorta"le and a"le to tolerate high emotion$ arguments$ interruptions and tears.
"maginati#e in solving pro"lems.
A"ility to "e directi#e and to conront.
Credibilit! through e(perien!e and impa!t.
$ow need or recognition$ !redit$ having things turn out your own way.
What are the skills required?
Skills re#uired or !ompetent perorman!e to operate in the neutral )one as a mediator:
%&'&R($ S)"$$S
*uild rapport.
A!tive listening skills.
Analyti!al pro"lem solving skills + a"ility to identiy and separate the issues involved$ and
rame these issues or resolution or de!ision making.
,se !lear$ simple and neutral language in speaking$ and i written opinions re#uired$ in
writing.
Sensitivity to strongly elt values o the disputants in!luding gender$ ethni!$ and !ultural
dieren!es.
A"ility to deal with !omple( a!tual materials.
Presen!e and persisten!e i.e. an overt !ommitment to honesty$ digniied "ehaviour$
respe!t or the parties$ and an a"ility to !reate and maintain !ontrol o a diverse group o
disputants should it "e re#uired.
%he a"ility to separate personal values rom the issues under !onsideration to maintain
neutrality.
A"ility to understand power im"alan!es.
S*&C"+"C S)"$$S T, M&-"(T",'
%he a"ility to:
Earn and develop trust to maintain a!!epta"ility.
%o !onvert parties positions into needs and interests.
S!reen out those issues that !an not "e mediated.
%he a"ility to help disputants:
-nvent !reative options.
-dentiy prin!iples and !riteria that will guide their de!ision making.
Assess their non settlement alternatives.
.ake their own inormed !hoi!es.
Assess whether their agreement !an "e implemented.
What know how needs to be applied in a mediation en#ironment?
%he )nowledge re#uired or ee!tive mediation are:
/amiliarity with e(isting standards o pra!ti!e !overing the dispute resolution pro!ess and
!ommonly en!ountered ethi!al dilemmas.
0nowledge o the range o availa"le dispute resolution pro!esses$ so that$ where
appropriate$ !ases !an "e reerred to a more suita"le pro!ess this in!ludes the Sta
1rievan!e Pro!edure.
0nowledge o the institutional poli!ies in!luding *ullying and 2arassment Poli!y.
0nowledge o the institutional !onte(t in whi!h the dispute arose and !an "e settled.
0nowledge o the pro!ess that will "e used to resolve the dispute i no agreement is
rea!hed.
3here parties legal rights and remedies are involved$ awareness o the legal standards
that would "e appli!a"le i the !ase were taken to a !ourt or other legal orum.
Adheren!e to ethi!al standards.
S)"$$S TR("'"'% ('- -&.&$,*M&'T
%he skills development alls into three dis!reet areas:
1. -nterpersonal skills
2. Analyti!al skills
3. 3riting skills
"nterpersonal Skills
1iving /ull Attention State Change
*uilding 4apport
Suspending 5wn Agenda
Stepping into the neutral
)one
Eye !onta!t
.irroring and mat!hing
,se o language
,nderstand the -ndividuals in
'ispute and their -ssues
Pull *ehaviours
Push *ehaviours
Asking the right #uestions
Empathi! 6 a!tive listening
Summarising
4estating
4eraming
'ire!ting
Conronting
(nal!tical Skills
Solving the Pro"lem Analysing the a!ts$ eelings$
needs and wants o the
individuals
Pro"ing #uestions
7istening deeply
Eli!iting ideas
E(ploring alternatives
%esting or agreement
%he agreement
Writing Skills
'o!umentation 8otes
Completion o the 3ritten
Agreement
8ote taking
3riting the agreement
M&-"(T",' TR("'"'%
%his !overs what is mediation$ the mediation session$ the mediators tool kit.
Suggested workshop !ontent:
-ntrodu!tion 6 5verview %he .ediation Pro!ess
1uiding Prin!iples
Causes o Conli!t
%he Conli!t %riangle
%he .ediator + 1etting into the 8eutral 9one
%he .ediation Session Preparation
5pening Statement
,ninterrupted %ime
%he E(!hange
Separate .eetings
Setting the Agenda
*uilding the Agreement
3riting the Agreement
Closing Statement 6 3rap ,p
%he .ediators %oolkit Supporting the People
Setting the tone 6 giving ull attention
En!ouraging and e(ploring the issues
Conidentiality in pra!ti!e
Staying impartial
2ow to deal with emotionally dii!ult situations
Controlling the Pro!ess
'ire!ting
Setting "oundaries and ground rules
Summarising
4estating
Conronting
Assessing when it is time to #uit
3hat to do i things get out o !ontrol
Solving the Pro"lem
%aking notes
Asking #uestions
.oving rom positions to interests
4eraming
Eli!iting ideas and e(ploring alternatives
%esting and rea!hing agreement
3hat to do i there is no resolution in sight
0nowledge 6 Skill Appli!ation 4ole Plays
Close Summarise and 4eview