What's your strategy for collaborative problem-solving in mediation?

1 Define the problem

The first step in collaborative problem-solving is to define the problem clearly and objectively. This means identifying the interests, needs, and goals of each party, as well as the facts and issues that are relevant to the dispute. You can use open-ended questions, active listening, and paraphrasing to elicit and clarify this information from the parties. You can also use a visual tool, such as a flip chart or a whiteboard, to write down and organize the problem statement and the main points of each party.

2 Generate options

The next step is to generate options for solving the problem. This is where you encourage the parties to brainstorm and explore different possibilities, without judging or evaluating them. You can use techniques such as asking "what if" questions, suggesting hypothetical scenarios, or inviting third-party input to stimulate creative thinking. You can also help the parties to expand their options by looking for common ground, mutual benefits, or trade-offs.

3 Evaluate options

The third step is to evaluate the options that have been generated and select the best ones. This is where you help the parties to apply criteria and standards to assess the feasibility, acceptability, and desirability of each option. You can use methods such as ranking, rating, or weighing the pros and cons of each option to facilitate the comparison and selection process. You can also use tools such as charts, matrices, or diagrams to visualize and simplify the evaluation process.

4 Develop solutions

The fourth step is to develop solutions based on the selected options. This is where you help the parties to formulate specific, measurable, achievable, realistic, and time-bound (SMART) actions and outcomes that will address the problem and satisfy their interests. You can use techniques such as summarizing, confirming, or testing the solutions to ensure that they are clear, complete, and consistent. You can also use documents, such as agreements, contracts, or action plans, to record and formalize the solutions.

5 Implement solutions

The fifth step is to implement the solutions that have been developed. This is where you help the parties to execute their actions and monitor their results. You can use strategies such as setting deadlines, assigning responsibilities, or establishing checkpoints to support and follow up on the implementation process. You can also use feedback, such as reports, reviews, or evaluations, to measure and improve the effectiveness and efficiency of the solutions.

6 Review solutions

The sixth and final step is to review the solutions that have been implemented. This is where you help the parties to reflect on their achievements, challenges, and learnings from the mediation process. You can use questions, such as asking for feedback, suggestions, or recommendations, to elicit and share the lessons learned and the best practices from the collaborative problem-solving experience. You can also use recognition, such as expressing appreciation, gratitude, or congratulations, to celebrate and acknowledge the success and the contribution of each party.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?