10 points to successful mediation Tutorial

Unlock the secrets to resolving conflicts effectively with our video "10 points to successful mediation"! Discover how mediation can transform workplace relationships and avoid lengthy disputes. With essential insights and practical keys, this guide on collaboration and teamwork will empower you to facilitate understanding and build lasting agreements. Don’t miss out!

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mediation is beginning to make its way into the corporate world.

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The National Mediation Center for Lawyers defines it as

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a structured process in which two or more parties attempt to reach an agreement

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with the help of a mediator for the amicable resolution of their differences.

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This is an ideal process for companies as it allows them to

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find a quick internal solution to blocked situations and avoid court congestion.

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In this video,

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I will describe 10 key points of mediation,

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whether it is formal with the recruitment of a professional mediator or more

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informal with the internal intervention of a third party with mediation skills.

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Key 0.1

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individual meetings.

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The mediator meets the parties in conflict individually.

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A prerequisite would be to acknowledge that there is a dispute.

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Do we agree that there is a conflict dispute between you?

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Question 2,

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do we agree that you wish to resolve this dispute?

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The strength of mediation lies in its voluntary nature.

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The parties must show that they have made a real

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choice to move forward and resolve the conflict through mediation.

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If both parties are willing,

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it is already halfway there.

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The individual meetings will also allow each party to clarify the conflict

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and to refocus on their priorities

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thanks to the questioning and benevolence of the mediator.

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Key 0.2

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explanation of the process.

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Explanation of the mediation process will increase

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the confidence and motivation of stakeholders.

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You will need to be clear in this explanation time.

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Clarity about the steps in the mediation process

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to avoid the crystallization of the conflict,

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mediation centers offer mediation

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over 2 or 3 months renewable once.

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Clarity on the mediator's role and impartiality.

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Clarity on the rules.

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No personal attacks.

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Focusing discussions on the issue and the search for a solution.

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Speaking in one's name

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and so on.

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Clarity on the decision making process that should

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remain in the hands of the parties,

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the mediator will not decide for them.

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Key 0.3

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group interviews.

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At the end of the individual interview,

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the mediator brings the people together.

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Indeed,

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when they've expressed their grievances individually,

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when they've worked through their emotions,

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when they've refocused on their priorities,

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when they are convinced that mediation can help them,

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then they are ready for a group meeting in the presence of the mediator.

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And in a neutral place,

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key 0.4.

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The expression of emotions.

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The initial disagreement became a conflict because emotions got mixed up in it.

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They must be expressed so as not to cloud reason and get stuck in deadlock.

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Whether or not the parties are aware of their emotions,

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it is essential to have them verbalize.

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Is there anger?

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There certainly is worry.

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Probably grief.

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Maybe

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emotions are tangled up in judgments about oneself and others.

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It's mainly in one on one conversations with the mediator

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that this emotional purge must take place.

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Sometimes in group interviews,

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emotions can also be expressed with respect for the other person.

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If an emotional outburst is too strong during a collective interview,

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the mediator may decide to take a break

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from the plenary session.

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And devote individual time

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to the party or parties

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overwhelmed by emotion

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and then decide whether or not to resume the collective interview.

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It should be noted that it has been proven

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that the expression of emotions is useful

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if and only if it is followed by a search for causes and or solutions.

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Otherwise it will only increase the emotional load

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and frustration.

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Key 0.5

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question and rephrase whether in an individual or collective interview.

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Active listening with its tools of questioning

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and reformulation will make all the difference.

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What you're saying,

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Miss Brown,

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is that you feel the contract has not been respected.

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What you want,

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Mister Lopez,

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is to have more leeway in your projects.

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The mediator questions not only to understand.

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But for the other party to understand.

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The mediator rephrases not only that the speaker feels heard

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but so that the other party has heard.

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In this way,

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the mediator allows each party to clarify,

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to express the why of the how,

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and to clear up

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many of the misinterpretations

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that a lack of dialogue and listening had fostered.

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Key 0.6 framing.

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The mediator frames the discussion by reminding the parties of the process

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and the rules.

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He or she may interrupt the discussion at any

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time to facilitate exchanges and avoid slip ups.

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Mister Smith,

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no personal attacks,

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please.

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Miss Miller,

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can you speak for yourself with the eye?

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We're getting away from the crux of the matter.

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I suggest we refocus on.

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The framing also consists in inviting them little

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by little to talk directly to each other,

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whereas at the beginning,

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if the tension is strong,

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they will only talk to the mediator without looking at each other.

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Finally,

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framing means simplifying the problem

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so that it can be clearly and concretely defined.

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If the conflict boils down to

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I blame the other party for everything they have done,

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it is difficult to find a solution.

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If the conflict gets stuck at,

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I want them to accept all my conditions,

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it is difficult to find an agreement.

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The mediator will help to simplify the problem by asking good questions.

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Here are two key questions for this.

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First question,

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what is your priority,

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your number one priority?

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In the case of a breach of contract,

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some will say that their priority will be to have reached an agreement in 3 months,

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let it not last.

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Others will focus more on the amount of compensation.

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Others on the notice period and the departure date.

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For the company,

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its priority will sometimes be

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to ensure that the conflict does not spread throughout the team

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and that the employee involved in the conflict does

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not pollute his or her colleagues with their grievances.

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Of course everyone wants the maximum,

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especially at the beginning time,

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money.

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But targeting,

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with the help of the mediator,

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their top priorities will help to lay the foundations

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for a future compromise,

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win-win and give and take.

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The second question the mediator can ask to simplify the problem is

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what bothers you the most?

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Sometimes a conflict can be resolved very simply by asking this question.

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I have a case in my memory where the person was simply waiting for the

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other person to apologize for having told him or her that they were incompetent.

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Item 7

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targeting a possible area of agreement

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when the problem has been simplified and everyone's priorities are made clear.

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The mediator then leads the parties towards a solution.

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What do you propose to get out of the impasse?

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What do you expect from the other party?

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What are you willing to give up to respond in part to the other party's priority?

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The mediator supports at this point,

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particularly the motivation of the parties to find a solution,

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to find a compromise.

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It's a tense time.

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Because sometimes everyone has to let go of things

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that they had never thought of letting go,

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the mediator then helps by reminding all the advantages of finding common ground

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and getting out of the conflict,

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the advantage for everyone,

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the advantage for the teams,

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the relief that will take place when the conflict is far behind.

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In short,

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it supports and values all cooperation and proposals for a solution.

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0.8.

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Ensure the sustainability of solutions.

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The mediator ensures that the solutions chosen are win-win,

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give and take.

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Be aware that an agreement based on more concessions from

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one of the two parties will not be sustainable.

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When a solution is reached,

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the mediator makes sure that everyone understands the agreement in the same way.

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They consolidate the solution by summarizing the

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concrete commitments with an agenda for action.

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They make sure that all solutions are understood

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and feasible.

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The solution must also include an agenda for follow up,

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how to do the follow up on what,

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what will be the dates.

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An agreement cannot be sustainable if concrete

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follow up on commitments is not considered.

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Item 9.

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Put the agreement in writing.

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Depending on the situation.

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This could be a summary email,

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a letter of intent,

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or an agreement signed by both parties.

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As long as the agreement cannot be put in writing,

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it is not clear enough.

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The agreement should include an agenda and follow-up steps.

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It may also include the process to be followed

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in case of non-compliance with the commitments of one of the parties,

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renegotiation,

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calling in an internal or external arbitrator,

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referral to the court.

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0.10

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celebrate.

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As a mediator,

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celebrate the end of a mediation whether it came to an agreement or not.

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You gave the best of yourself and deserve to be congratulated for that.

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Invite the parties to celebrate as much as possible,

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maybe not together if the agreement has led to difficult concessions.

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Value the parties.

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It's a feat to have mediated their way out of a conflict

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without having a manager,

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arbitrator,

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or judge decide for themselves.

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Finding their own solutions is the proof

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they behaved like adults.

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The children are waiting for Mum and Dad to resolve their conflicts.

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Adults find a path to resolution together.

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Solving a conflict on one's own requires an

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openness and intelligence that few people have.

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Congratulate the parties and invite them to celebrate

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when they come out of the tunnel.

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