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MEDIATION
"New Literacy Set" project
2015-2017
"Human beings love to be
right. When a person is
willing to give it up, it
opens a whole world of
possibilities. "
Pete Salmansohn
CONFLICTS
▪ Are conflicts necessary evil?
▪ Should we avoid them?
▪ Is there anything good in conflicts, and what
does it depend on?
▪ Is it possible to solve the conflict in a
peaceful and non-violent way?
▪ What is mediation, and how can it help to
solve them that way?
WHY DO CONFLICTS EXIST?
▪ Unmet psychological needs
▪ Information (lack of information, wrong interpretation)
▪ Relationships where there is strong emotions
▪ Passive listening
▪ YOU messages
▪ General lack of understanding
▪ Limited resources that people compete for
▪ Different interests, values (ideology, religion)
▪ Prejudice, stereotyps, manipulation...
TRIGGERS
• Non-verbal or verbal
• Words, attitudes, movements
• Affect us to produce a negative
reaction, strong emotions
• Draw attention from the REAL
PROBLEMS
• BECOME AWARE OF
THEM
• CONTROLTHEM
DYNAMICS OF THE CONFLICT
POSITION
INTERESTS
NEEDS
POSITION
• Visible during direct confrontation - at the beginning
• Complaint, demand, criticism, a firm stand
• Clearly expressed and visible attitudes, requirements,
conditions, ready-made solutions that are put before the
other side
• Expressed as "YOU" messages, or unrealistic / one-sided
request
The conflict arises from different POSITIONS of conflicting
parties!
• The actual personal reasons and motives that led the person to take a particular
position and what he/she wants to achieve - reasons why people want, expect, will
something
• Opinions, anxiety, previous conflicts and conscious or unconscious desires
• Usually are not spoken aloud - hidden, mostly out of fear
• It requires great skills to reach them - person turns to oneself and "I" speech appears
Identifying the common interests of the conflicting parties is usually a key point of
conflict resolution!
INTERESTS
• Lead the main role in conflicts WITHOUT the conflicting parties being
aware of them
• Something "without which people can not live"
• Abraham Maslow lists: physiological needs, the need for security, the need
for belonging, the need for recognition, and the need for self-realization
• Feelings, motives, personal unresolved issues from the past that affect
reactions (often unfulfilled needs like freedom, love, respect...)
• Drives people to various actions, including entering into conflicts in which
they want to fulfill their needs, and which provokes certain attitudes
• Common to all, but differently expressed
NEEDS
MEDIATION
• Also called "conciliation" and "intervention", from
Latin word mediare (split in half, intervene, to
stand between two people)
• PARTIES of the conflict, with the HELP of a third
party,THE MEDIATOR come up with a SOLUTION
• Voluntary process, the parties give consent or
themselves initiate mediation
• Committed to dialogue, tolerance and non-
violence, improving teamwork, builds cooperation,
promotes negotiation
• The mediator is NEUTRAL
• He helps the parties:
 to be BETTER HEARD
 to know how to RECOGNIZE each other's FEELINGS
 to move away from their "cocooned" POSITIONS
 to hear each other's NEEDS
 to break down PREJUDICES
 to become aware of COMMON INTERESTS for the development of
future relations
• The parties control the process
• The basic idea is to empower the parties of the conflict and to achieve a
balance between both sides
• The outcome of mediation is not binding for the participants – but there is
an ethical obligation
ACTIVE LISTENING:
1. ASK QUESTIONS - open questions
- narrowing questions
- guidance questions
2. PARAPHRASE
3. SUMMARIZE
4. GIVE FEEDBACK
5. REFLECT FEELINGS
6. ENCOURAGE
7. FRACTION
THE MEDIATOR
TYPES OF MEDIATION
• Mediation in court
• Family mediation
• Church mediation
• School mediation
• Mediation in the workplace
• International mediation
PEER MEDIATION
Benefits of peer mediators are:
- EASIER for them to IDENTIFY problems, needs, feelings and
desires of their peers, as mediators are sometimes in their
position
- NO PRESSURE of authority of adults
- the PROCESS IS ADJUSTED to age of their peers (expressions,
terminology, application of the best methods and techniques)
- LESS DEPENDENT on adult authority, and make more
solutions themselves
- DEVELOP communication, assertiveness, leadership skills and
self-confidence
- mediators have a POSITIVE IMPACT on other students, and the
overall climate of the school is improving
PROCESS OF MEDIATION
STEP 1. INTRODUCTION – SETTING RULES
• WELCOMING and seating arrangement
• PRINCIPLES - mediation is voluntary, mediator
impartial, solutions are to the mutual benefit of both
sides
• RULES - appropriate expression (no insults, interrupting,
swearing)
• Ask both parties if they AGREE with it, and if they want to
add some important rule for them
PROCESS OF MEDIATION
STEP 2. STORYTELLING
• First ONE STORY, then ANOTHER conflicting party
• Emphasize that everyone will have the RIGHT to say
what they want, and that there is NO INTERRUPTING
• PARAPHRASE what you hear from each side
• Maintain EQUAL amounts of time, attention, interest
for both sides
• When someone interrupts it is important to RETURN to
the agreed rules
PROCESS OF MEDIATION
STEP 3. DETERMINING POSITIONS, INTERESTS AND NEEDS
• The MOST IMPORTANT moment of mediation, when the
parties in the conflict are MOVED from their POSITIONS (what
they demand) to the INTERESTS (true needs, desires,
concerns)
• Here it is important to ACTIVELY LISTEN which is consisted of:
1. ASKING QUESTIONS
2. PARAPHRASING
3. SUMMARISING
4. GIVING FEEDBACK
5. REFLECTING EMOTIONS
6. ENCOURAGING
7. FRACTIONING
PROCESS OF MEDIATION
STEP 4. EXPLORATION OF POSSIBLE SOLUTIONS
• IDENTIFY and RANK the problems
• FIND A SOLUTION - which the parties SUGGEST
THEMSELVES
PROCESS OF MEDIATION
STEP 5. SELECTINGTHE SOLUTION
• Focus the discussion on the MOST ACCEPTABLE possible
solution, thinking about its CONSEQUENCES
PROCESS OF MEDIATION
STEP 6. AGREEMENT
• Help the parties of the conflict to reach an agreement
acceptable to both sides
• The agreement must be written
• It should contain answers to the questions: Who? What?
When? Where?
• The agreement is signed
• Sanctions are agreed for non-compliance with the conditions
of the agreement
PROCESS OF MEDIATION
POTENTIAL STEP - SEPARATE CONSULTATION
• NOT often
• If there is too much INTERFERENCE in the communication
• Mediator PAUSES the mediation
• Conducts SEPARATE consultations only with one side to
correct the problems
THANK YOU FOR YOUR
ATTENTION!

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Mediation Guide to Resolving Conflicts

  • 1. MEDIATION "New Literacy Set" project 2015-2017
  • 2. "Human beings love to be right. When a person is willing to give it up, it opens a whole world of possibilities. " Pete Salmansohn
  • 3. CONFLICTS ▪ Are conflicts necessary evil? ▪ Should we avoid them? ▪ Is there anything good in conflicts, and what does it depend on? ▪ Is it possible to solve the conflict in a peaceful and non-violent way? ▪ What is mediation, and how can it help to solve them that way?
  • 4. WHY DO CONFLICTS EXIST? ▪ Unmet psychological needs ▪ Information (lack of information, wrong interpretation) ▪ Relationships where there is strong emotions ▪ Passive listening ▪ YOU messages ▪ General lack of understanding ▪ Limited resources that people compete for ▪ Different interests, values (ideology, religion) ▪ Prejudice, stereotyps, manipulation...
  • 5. TRIGGERS • Non-verbal or verbal • Words, attitudes, movements • Affect us to produce a negative reaction, strong emotions • Draw attention from the REAL PROBLEMS • BECOME AWARE OF THEM • CONTROLTHEM
  • 6.
  • 7. DYNAMICS OF THE CONFLICT POSITION INTERESTS NEEDS
  • 8. POSITION • Visible during direct confrontation - at the beginning • Complaint, demand, criticism, a firm stand • Clearly expressed and visible attitudes, requirements, conditions, ready-made solutions that are put before the other side • Expressed as "YOU" messages, or unrealistic / one-sided request The conflict arises from different POSITIONS of conflicting parties!
  • 9. • The actual personal reasons and motives that led the person to take a particular position and what he/she wants to achieve - reasons why people want, expect, will something • Opinions, anxiety, previous conflicts and conscious or unconscious desires • Usually are not spoken aloud - hidden, mostly out of fear • It requires great skills to reach them - person turns to oneself and "I" speech appears Identifying the common interests of the conflicting parties is usually a key point of conflict resolution! INTERESTS
  • 10. • Lead the main role in conflicts WITHOUT the conflicting parties being aware of them • Something "without which people can not live" • Abraham Maslow lists: physiological needs, the need for security, the need for belonging, the need for recognition, and the need for self-realization • Feelings, motives, personal unresolved issues from the past that affect reactions (often unfulfilled needs like freedom, love, respect...) • Drives people to various actions, including entering into conflicts in which they want to fulfill their needs, and which provokes certain attitudes • Common to all, but differently expressed NEEDS
  • 11. MEDIATION • Also called "conciliation" and "intervention", from Latin word mediare (split in half, intervene, to stand between two people) • PARTIES of the conflict, with the HELP of a third party,THE MEDIATOR come up with a SOLUTION • Voluntary process, the parties give consent or themselves initiate mediation • Committed to dialogue, tolerance and non- violence, improving teamwork, builds cooperation, promotes negotiation
  • 12. • The mediator is NEUTRAL • He helps the parties:  to be BETTER HEARD  to know how to RECOGNIZE each other's FEELINGS  to move away from their "cocooned" POSITIONS  to hear each other's NEEDS  to break down PREJUDICES  to become aware of COMMON INTERESTS for the development of future relations • The parties control the process • The basic idea is to empower the parties of the conflict and to achieve a balance between both sides • The outcome of mediation is not binding for the participants – but there is an ethical obligation
  • 13. ACTIVE LISTENING: 1. ASK QUESTIONS - open questions - narrowing questions - guidance questions 2. PARAPHRASE 3. SUMMARIZE 4. GIVE FEEDBACK 5. REFLECT FEELINGS 6. ENCOURAGE 7. FRACTION THE MEDIATOR
  • 14. TYPES OF MEDIATION • Mediation in court • Family mediation • Church mediation • School mediation • Mediation in the workplace • International mediation
  • 15. PEER MEDIATION Benefits of peer mediators are: - EASIER for them to IDENTIFY problems, needs, feelings and desires of their peers, as mediators are sometimes in their position - NO PRESSURE of authority of adults - the PROCESS IS ADJUSTED to age of their peers (expressions, terminology, application of the best methods and techniques) - LESS DEPENDENT on adult authority, and make more solutions themselves - DEVELOP communication, assertiveness, leadership skills and self-confidence - mediators have a POSITIVE IMPACT on other students, and the overall climate of the school is improving
  • 16. PROCESS OF MEDIATION STEP 1. INTRODUCTION – SETTING RULES • WELCOMING and seating arrangement • PRINCIPLES - mediation is voluntary, mediator impartial, solutions are to the mutual benefit of both sides • RULES - appropriate expression (no insults, interrupting, swearing) • Ask both parties if they AGREE with it, and if they want to add some important rule for them
  • 17. PROCESS OF MEDIATION STEP 2. STORYTELLING • First ONE STORY, then ANOTHER conflicting party • Emphasize that everyone will have the RIGHT to say what they want, and that there is NO INTERRUPTING • PARAPHRASE what you hear from each side • Maintain EQUAL amounts of time, attention, interest for both sides • When someone interrupts it is important to RETURN to the agreed rules
  • 18. PROCESS OF MEDIATION STEP 3. DETERMINING POSITIONS, INTERESTS AND NEEDS • The MOST IMPORTANT moment of mediation, when the parties in the conflict are MOVED from their POSITIONS (what they demand) to the INTERESTS (true needs, desires, concerns) • Here it is important to ACTIVELY LISTEN which is consisted of: 1. ASKING QUESTIONS 2. PARAPHRASING 3. SUMMARISING 4. GIVING FEEDBACK 5. REFLECTING EMOTIONS 6. ENCOURAGING 7. FRACTIONING
  • 19. PROCESS OF MEDIATION STEP 4. EXPLORATION OF POSSIBLE SOLUTIONS • IDENTIFY and RANK the problems • FIND A SOLUTION - which the parties SUGGEST THEMSELVES
  • 20. PROCESS OF MEDIATION STEP 5. SELECTINGTHE SOLUTION • Focus the discussion on the MOST ACCEPTABLE possible solution, thinking about its CONSEQUENCES
  • 21. PROCESS OF MEDIATION STEP 6. AGREEMENT • Help the parties of the conflict to reach an agreement acceptable to both sides • The agreement must be written • It should contain answers to the questions: Who? What? When? Where? • The agreement is signed • Sanctions are agreed for non-compliance with the conditions of the agreement
  • 22. PROCESS OF MEDIATION POTENTIAL STEP - SEPARATE CONSULTATION • NOT often • If there is too much INTERFERENCE in the communication • Mediator PAUSES the mediation • Conducts SEPARATE consultations only with one side to correct the problems
  • 23. THANK YOU FOR YOUR ATTENTION!