Mediation in Multi stakeholder Processes
Kumasi, Ghana 2008
Adapted from Dorien Brunt
Mediation definition
Mediation is a specific form of conflict resolution
where the mediator as an independent third party
helps the parties find a solution that is based on
mutual interest.
Characteristics of Mediation
1. The restoration of disrupted communication
between parties.
2.Interest based facilitation rather than arbitration
Rules of Mediation
Everything that is discussed in the mediation between parties
is and remains confidential, even if the mediation fails.
The mediator is neutral and has – if the parties cannot find a
solution – no power to make a decision
The parties are completely free to leave the mediation if they
see no improvement in the situation.
Stages of Mediation Intake stage
Create a good atmosphere: welcome the negotiation
partners and underline shared interests.
The parties commit themselves to the negotiation
process and to rules such as:
confidentiality
voluntary
Elaborate work procedures and check mandates
Intake reaching process agreement
Rules of conduct for a conducive atmosphere (To
prevent domination, role conflict, low participation,
poor follow through assignments, failure to start on
time)
Feasible process objectives (diagnosis, improved
relationships, mutual understanding, generating
inclusive solution)
Stages of Mediation Exploration stage
This serves to make the parties able to negotiate with
each other. The parties are asked:
what caused a rift between them,
why they themselves cannot resolve the conflict and
whether they are willing to resolve it together.
The emphasis is on making the communication between
parties effective.
Stages of Mediation Negotiations
The parties are encouraged to think about:
what they want,
what the wishes of the other side are,
what they can offer to each other, and
what they need from each other.
Focus on interests rather than positions
Position =
Interest =
Your preferred
solution
The need underlying
your position
Something you have
already decided upon
What caused you to
so decide
Why Negotiations become Positional
We assume we have the right and only answer to
the problem
We assume a “fixed pie”
We assume that incompatible positions =
incompatible interests
We assume: “I shouldn’t have to solve the others’
problems”
Conflict – Positions and interests
Position/
Demand
Interest
Needs
Negotiating from Interests
Treat positions as “openers” and search for interests
behind positions
Identify the parties’ interest – e.g. ask why they hold
certain positions. Note: all people share basic interests.
Discuss interests:
Explain own interests and try to understand the other
parties’ interest, by restating the other’s interest
Search for common ground and mutual interests
Clarify the “real problem”
Reframe the problem as satisfying as many interests
as possible
Focus on desired solution, not on past events.
Questions to Uncover Interests
“Help me understand why this is really important to
you.”
“What concerns do you have?”
“What’s the real problem?”
“What would be wrong with…?”
“What about this…?”
“What are your fears concerning this?”
“What exactly do you want from me?”
Mediation stage – come to agreement
Come to agreement & make last concessions.
Check feasibility, pay offs and risks. Are the various
needs fulfilled, predefined evaluation criteria met? If
not, get back to the exploration phase.
Check gradient of agreement. If the differences are
too big, skip the agreement.
Make concrete action plans (elaborate who, what,
where, when and how)
Gradients of agreement
Enthusiastic > Block
1.
2.
3.
4.
5.
6.
7.
8.
Endorsement: I like it
Endorsement with a minor point of contention: Basically I
like it
Agreement with reservations: I can live with it
Abstain: I have no opinion
Stand aside: I do not like this but do not want to uphold the
group
Formal disagreement but willing to follow the majority
Formal disagreement with request to be absolved of
responsibility for implementation
Block: I veto this proposal
Skills and Instruments
What are
“ does and don’ts”
for a mediator?
Skills and Instruments
Innocent
Lazy
Homeless
Skills and Instruments
Ask Questions: What, when, who. (Be careful with why !)
React on nonverbal communication
Disarming sentences,underline shared interest
Ground rules not to interrupt or pressure individuals to talk
Descriptive speech, I statements and active listening
Switch by summarising, ask people to summarise each other
Respect. Problem oriented rather than to persuade people to
change opinions
Issues, new ideas and suggestions are open for debate
Constructive proposals Ask what people do want, not what
they don’t want!
Skills and Instruments
Reframing
From negative to positive
“you said you don’t like that there are so many conflicts. I
understand that you would like to find a constructive
collaboration?”
From ‘their fold’ to ‘our problem’
“You have the feeling that they don’t tell you the truth, so you
are looking for ways to openly communicate with each
other?”
From complain to vision
“You said nobody takes responsibility. So you wish that
everybody is motivated?”
Language that…
Deescalate:
Listening
Open questions
Showing empathy
Positive body language
Escalate:
Interrupting
Closed questions
Ignoring
Negative body language
Mediation in Multistakeholder Processes
So far for the theory, let’s now try to use mediation
skills!
Mediation in practice – group work
Three groups: each group works out a case in a role
play. Think of a few complains/arguments that you
expect from the key stakeholders involved in a
conflict in your MSP. Write these down.
Mediation for deescalation of conflict
Objective:
Need:
Facilitator: to learn constructive communication for deescalation.
Group: to apply the rules of conduct.
It is very difficult to explore the issue without heightening emotions.
It is crucial to think of effective rules of conduct and process goals
Procedure:
Select a facilitator and an observer for the facilitator.
10 min. Role play. Facilitator practises communication strategies.
Observe whether facilitator deliberately applies the points of
constructive communication.
Observe the effect on the people.
10 min. Feedback about effectiveness mediation strategy.
Remember to listen carefully!!
Thank you
© Wageningen UR