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Lecture 8

CMN 4131 Lecture Notes - Lecture 8: Situation Two, Nonpartisanism

Course Code
CMN 4131
Stephanie Larrue

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Lecture 8
The Mediator
!Mutually acceptable
! Neutral (no preference for either side, looks for well being of both
! Impartial (no stakes)
o!only stake is that the conflict works out
! Interest-based
! Communicative process (facilitates the discussion, keeps
communication process balanced)
! Ensures parties create their own outcome
!What would happen if one of these elements was missing?
The Mediation Process
!An organic process:
1.! Exchanging views and feelings
2.! Sharing and clarifying information, developing a clearer picture
3.! Once the emotional strain is eased: problem-solving, talking
about what to change, weighing options, making decisions
4.! Writing down the agreement, taking action to strengthen the
follow through
In 2 phases:
1.!Exploring the situation
2.!Reaching resolution
Exploring the Situation:
o!Setting the tone
o!Opening cues
o!Setting group rules
o!Summary of the issue at hand
2.!Listening to each perspective
3.! Exchange
Bring everything out in the air
The mediator can let some of the heat go up the bit
Mediator helps things stay pretty acceptable
Reaching Resolution:
1.!Topic list

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o!Closing rituals
o!Go out for dinner and celebrate
Similar to negotiation yet since there is a mediator that changes everything
Exploring the Situation:
1.!Opening: welcome the participants, discussion of purpose and
process of mediation
2.! Listening to each perspective: initial going around the table;
take turns explaining each perspective, everyone listens. Anything
can be brought up if considered relevant.
3.!The Exchange:
i.! Check out misunderstandings
ii.! Fill in gaps of information
iii.! Specific behaviours and impact
iv.! Understanding each party’s concern
v.! Identify interests and topics needing attention
vi.! De-escalation from self-protective, adversarial mode to
readiness to cooperate
Reaching Resolution
!4. Topic list:
o!Organize the topic to resolve (mediator)
!5. Options:
o!Parties talk through each topic, suggesting options until there
is an agreement towards mutual interests
!6. Decisions:
o!Parties review all the decisions
o! Work out details
o! Reality testing for workability
o! Making sure everyone is really on board
!7. Agreement
o!Mediator writes up agreement
!8. Closing
o!Approval of agreement
o!Tying up of loose ends
o!Wishing well
Process-Centered Mediation
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