This document discusses mediation as a process for resolving conflicts. It begins by asking questions about the nature of conflicts, what causes them, and whether they can be resolved peacefully. It then defines mediation as a voluntary process where conflicting parties, with the help of a neutral third party mediator, work to find a mutually agreeable solution. The document outlines the roles and goals of the mediator in helping parties move past positions to identifying shared interests and needs. It describes the typical steps of the mediation process, including storytelling, identifying positions/interests/needs, exploring solutions, selecting an agreement, and signing a written agreement. Peer mediation is also discussed as a way for students to help resolve conflicts among their peers.
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
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