How can you conduct a productive and fair mediation session?

For a successful opening session, it is important that the mediator prepare parties before the mediation. Having a pre-mediation conference with parties separately will help the mediator successfully identify any concerns that could arise during an opening session. The mediator can use the session to outline the ground rules for the mediation, allowing for the parties to have confidence in the process and the mediator. This is a crucial time to establish how parties will interact with each other. The mediator should consider how the parties will be seated at the mediation table to ensure not only physical comfort, but also that the seating locations are "equal." Don't undervalue the opening session that offers so many positive benefits.

First, it is critically important as a professional whose duty is to conduct mediations to build trust with those around them. This can be achieved by being a role model of being fair, equitable, and seen as one who demonstrates the core values of the organization. I have received feedback after mediations where individuals have shown gratitude for continuously demonstrating trust, fairness, and confidentiality. As leaders, one duty of serving and leading others, which includes needful mediations, is leading by example. A leader who genuinely cares about others and leads by example in their actions lays the groundwork for successful mediations and positive outcomes.

Part of that preparation is to get the parties used to the idea that mediation is hard work - it’s no use expecting the mediator to do all the work. The more the parties invest in the process the greater the likelihood they will get a successful outcome

I agree with colleagues that pre-mediation sessions for each side's team are cricial to ensuring all the team understand this is not a passive process. This is where Zoom is so convenient and powerful a means of bringing teams together to focus on the mediation day.

The hardest part of mediation is listening. Many parties end up in litigation because no one has listened to them. Often mediation is as much about counseling and listening as it is about resolving the problem. People need to be heard and mediation should be that forum without judgment.

The plenary session has been abandoned by many mediators as being too divisive. That said, this opening session does have great value in allowing the parties to meet, giving everybody an opportunity to see that there are humans involved in the process, and creating some empathy among the parties. The "meet and greet" can go a long way toward taking some of the anger out of a mediation.

I agree it's crucial that everyone knows it is a safe space and part of mediators role is to clearly outline what is and isn't acceptable behaviour throughout the session. Starting with a rational, calm explanation goes a long way to being able to bring the conversation back if things get heated. Being a mediator can be a tough role so make sure you're also mentally ready for it and your compass is neutral and balanced. One factor to consider is whether the discussion should even take place - are all parties in the right mindset for it to be productive or are there things to work through first / more time needed on either side....

In listening actively and attentively to both parties, to avoid misunderstandings, I find that it is important to gain clarity of both parties, a feat of communication that can be achieved by repeating the sentence the same way each party said it and confirming with the party if that is what they meant to say.

Definitely, the key is to create a safe and respectful open atmosphere where communication flows. Each side needs to “hear” and “see” each other.

Even if the parties disagree on what led to the dispute and who was to blame, the mediator can try to change the focus away from that blame game, and onto "how could we try and fix this going forward so that it does not happen again?". It is far more useful to look forward through the windscreen than backwards through the rearview mirror!!

The mediations we experienced in CSU labor negotiations ranged from essential to essentially useless. The essential saw the mediator engaged as a person and not a mannequin; an idea person who drew the emotions and hopes and fears of the parties and mixed them together into something appetizing and interesting. The useless saw the process as the gateway to the next step; a turnstile that had to be passed through to get to the better fight. Mediators have to bring themselves personally into the fray without losing the trust of both sides.

Look what is wrong instead of who is wrong : Many a times when we try to look who went wrong. A little tweak to that and if we look at what went wrong things can be sorted out at the earliest. We need to put process ahead of people and things will be safe and quick...

Mediation often involves matters which are being hotly contested and that are highly emotive for those involved. It is essential to keep the participants on track, helping them to focus on the facts rather than becoming preoccupied with their emotions. Feelings are relevant and should not be dismissed as they reflect the impact that the matter at hand may be having on a party. However, high emotion can often fuel participants to cast aspersions rather than express relevant points and this can be damaging to the process. The mediator should help the parties remain focused on the objective of resolution and encourage them to refrain from inflammatory outbursts or false accusations.

When applying reframing techniques with the aim of changing negative or accusatory language into positive or neutral language, it is important for the mediator to remind the parties to stick to the “I” language rather than the “you” language! For example, instead of saying “You always disrespect me, that is why you leave the mess on the kitchen table for me to clean” a party could say, “I feel disrespected when I have to clean over and over again after mess is left on the kitchen table”

Encouraging all parties to participate in the problem-solving/solution-finding step is key, in my experience. Ensuring that every voice and opinion is heard to make the best decision moving forward is helpful to avoid additional conflict. As a mediator, being prepared to interject when irrelevant topics come up is also crucial.

Any fair mediation requires the mediator to have genuine interest in all the parties involved. For a productive mediation, all individuals need to be prepared to discuss the concern/issue professionally - without citing personal views, past failures and biases. A productive mediation is a result of moving in with a problem solving attitude and keeping aside egos & self beliefs outside for a greater / better outcome

Be Neutral : When we head for a mediation discussion let's not have a pre conceived notion and then go for the discussion. Also let's not be passive listeners when we address the issue

Good listening skills in the beginning. Words like every time, or when this happens gives great clues for assisting in a successful outcome. White them down to reference back. This is important when writing up the agreement. Mediations are highly emotional and very draining on all participants. Don’t forget the small things you can pick up along the way.

Die Phase ?Optionen finden“ ist eine sehr spannende Phase und es braucht teilweise viel Zeit, bis mehrere M?glichkeiten gefunden werden. Für mich ist es sehr wichtig, den Klienten dabei genügend Zeit zu lassen. Wenn sich Mediatoren zu schnell einbringen, kann eine Partei uns nicht mehr als neutral empfinden. Es braucht viel Fingerspitzengefühl, wenn wir uns einmischen.

It is important to remind the participants that being entirely self-interested is not likely to result in a positive outcome. Each person almost certainly would have approached mediation with a predetermination of the outcome that they want. However, the mediator should encourage an approach to resolution from all parties that takes everyone's needs and views into consideration as much as reasonably possible.

In my experience, I have found that, as the mediator is facilitating the negotiation and compromise between the parties, it is important to come back and reassess whether the parties are still on board with the compromises they had made to avoid fear of not speaking up when there’s still time to renegotiate.

Within the agreement, it may be useful to include the reasons why the specific resolution(s) has or have been chosen. This will provide the parties with an ongoing reminder as to the long-term goals and the benefits of what has been decided. This inclusion will also help to capture the spirit of the mediation process, reminding all parties of the ethos of the occasion and any valuable lessons learned in the process.

Upon closure, ask each party to review the understanding of the agreement to eliminate assumptions. Ask each party to review and agree upon a summary draft of what will be part of the mediator's decision. Remind them of the main legal consequences of breach, esp if this is a court mandated mediation. of and agree to the term in writing, befset consequences for the breach of agr

Listen to Understand : Many a times we listen to respond and reinforce our thoughts. Let's not do that and let's give full attention to detail and then address the issue. This will give confidence in both parties