Matching postures & gestures Matching energy levels Awareness of Non-verbal Communication Eye contact Smiling (when appropriate)

Appropriate non-verbal cues Interpersonal Skills Building Rapport Relaxed breathing Matching language & w ords Matching tonality Awareness of Verbal Communication Matching pace Using first name (if agreed) Reassuring parties Neutral Venue Main Plenary Room Adequate Private Meeting Rooms Natural Light Good ventilation Managing Environment Aware of Glass partitioned rooms (confidentiality) Check soundproofing of adjacent rooms Adequate refreshments (liquid and meals through day) Pads and pens in Plenary room Organise seating for Plenary room Alert to verbal & non-verbal cues Emergency First-Aid Empathy Listen empathically to w hat is and isn't being said Managing Emotions Reflecting back and testing assumptions and inferences Creating safe environment & intervene if necessary Acute awareness of personal emotions Managing expectations from the start Being punctual Managing Time Being consistent w ith private meetings Managing the process through each stage Keeping conversations on track Are decision makers present? Ensure pre-meetings are effective and parties are ready Are they empowered with full authority to settle? Have they signed the pre-mediation agreement? Do they have any time constraints? Informal tone Set expectations and tone at the start of joint meeting Reassure of confidentiality Reassure parties of self-determination Address questions or concerns at the outset Networking Relationship Building Marketing Lead Generation Content Generation Influencing Self Promotion Technology Curiosity Compassion Contribution We all see things differently I/you might be missing some information I/you might be contributing to this situation and be unaware w e're doing so Satisfying our mutual interests is important and achievable Everyone's actions are rooted in positive intent (despite how it looks to an outsider) Differences are opportunities for learning Combining advocacy with genuine inquiry Sharing and exploring assumptions and inferences Sharing and exploring interest and needs Listen to understand and don't interrupt Raising uncomfortable issues Move towards difficulty Holding self and others accountable Describing how I'm feeling and how things impact me and curious about how you're feeling The parties themselves control and determine the outcome Behaviours Manage Joint Meetings Beliefs Manage the Exploration Phase Values Agree ground rules for mediation Avoid interrupting parties Behaviour Punctuality Protect the opening statements Outline of the conflict from their perspective Effective opening statements should include: Summary of the impact it's had and is having (personal & professional) Summary of hopes and outcomes from the mediation

Entrepreneurial Skills

Ensure parties don't interrupt each other Ensure opening statements are appropriate and consistent with spirit of mediation

Skills
Managing the Process

Summarise back the parties' opening statements in your own words Invite comments, questions or reactions to w hat has been said. Help the parties create an agenda of the key issues that need addressing in mediation Encourage dialogue between the parties, don't be tempted to move straight to private meetings Help identify interests of each party Ensure even handedness in terms of time spent with each party Maintain confidentiality in those meetings and outside of those meetings

Mediator DNA

Becoming a Mediator

Manage Private Meetings (Caucuses)

Keep parties occupied with meaningful tasks in your absence Summarise understanding Agree on any information to be shared

Bring the parties together to discuss issues Maintain focus and momentum Keep conversations on track Use flip chart to brainstorm Facilitate Option Generation Don't evaluate ideas at this stage Initialise ideas so you can come back later How to build value rather than claim value? What else might satisfy the interests of the parties

Explore non-financial options Exhaust all ideas 'what else...? Asking 'What if..?'

Self Determination

Parties make an informed choice to participate in mediation Parties make an informed choice to continue through each step of the process The mediator remains equally partial towards both parties The mediator has no interest in the outcome The mediation remains entirely confidential (unless all parties consent otherwise) Omnipartiality Negotiation (Civil & Commercial) Free & Informed Consent

Reality & Assumption Testing

Step into each other's shoes Exploring consequences of not reaching settlement

Grouping Options into Settlement Packages

Core Mediation Principles

Testing compatibility of options with interests and outcomes Exploring & Prioritising Options Exploring BATNA's Exploring WATNA's Exploring SATNA's Write down and clarify each offer and counter offer before presenting to the other side Propose parties present offers directly Communicating Offers Keep track of offers and counter offers Avoid horse trading (if you've done your work - this shouldn't be a problem) Take a breather Change environment Overcoming deadlock and resistance Change meeting dynamics Change parties Chunk up or down Normalise VAT can sometimes be an issue - check if settlement sum is inclusive or not (do this early on not now!) In absence of written agreement, how w ill parties address any misunderstandings in future?

Confidentiality

Ensure both parties agree the terms of any agreement before it gets w ritten up Writing Up Agreements Concluding Workplace mediation agreements are often verbal, check: Sign Agreements Mediator doesn't sign the agreement

Ensure enough copies are made so each party has one.

Transactional Analysis Group dynamics Psychology Projection Psychoanalytic concepts Transference Counter-transference Self awareness Self Knowledge & Emotional Intelligence Awareness of others Blind spots & trigger points Bias & prejudices Transformative Mediation Facilitative Mediation Approaches to Mediation Evaluative Mediation Non Violent Communication Positions versus Interests Power, Rights & Interests Conflict Theory Conflict Escalation Party Entrenchment Civil & Commercial Employment Workplace Types of Mediation Divorce Family Victim Offender (Restorative Justice) Decision Trees Negotiation Negotiation strategies Subject-matter Knowledge

Knowledge

Becoming a Mediator Master Mind Map (2).mmap - 31/05/2012 - Mindjet