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THE MEDIATOR
Module 4

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SESSION OBJECTIVES
• Determine the roles of a mediator
• Highlight the ideal qualities of a mediator in specific conflict scenarios
• Make use of the mediator’s “powers” in dealing with power imbalances in
mediation

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ARE MEDIATORS’
BORN OR MADE? PLENARY DISCUSSION

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ROLE OF THE MEDIATOR

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 ROLES OF THE MEDIATOR

Conflict Manager Effective Communicator Process Expert

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ROLE 1: AS A CONFLICT MANAGER
Conflict Diagnosis Skills

• Understanding the core problem issues

• Understanding positions and interests
• Understanding social and contextual issues
• Diffuse tension

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ROLE 2: AS AN EFFECTIVE COMMUNICA

Effective Communication Skills

• Understanding the structure and dynamics
of communication
• Overcoming the barriers to effective
communication
• Dealing with emotions and positional
statements
• Active listening, reframing, questioning,
summarizing
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PROBING QUESTIONS:
Acquiring skills in asking questions to the
parties in order to elicit their interest without
them feeling threatened and scrutinized.

Probing questions are used when you want to

find out more information about something
that the speaker has said or to expand the
information at hand.
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A probing question encourages the parties to
elaborate on a specific issue.

The underlying interest of the party talking can surface

as the appropriate questions are asked.

Mnemonic code of interest - PEACH BFV

Priorities, Expectations, Aspirations, Concerns, Hopes
Beliefs, Fears, Values

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Probing questions are open-ended
questions that can start with what, when,
how, where, who and on rare occasion,
why.

Asking questions with “why” tend to make

people defensive thinking their message is
being questioned and scrutinized.

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Different types of probing questions:

1. Broadening questions
2. Clarifying questions
3. Explaining questions
4. Interest-based questions
5. Brainstorming questions
6. Brainstorming questions
7. Consequential questions

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 1. Broadening questions - gives the
parties free reign to talk and share
whatever information or point of view is
most relevant to him/her.

It is encouraging and non-threatening.

Ex. What else happened when…?

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2. Clarifying questions - to clarify vague terms.

Ex. When you mentioned “obnoxious”, can you

give me an instance where you felt that he was
obnoxious?

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3. Explaining questions - to understand the
reasoning behind a person’s position, perspective
or point of view.

Example: How did you decide on that

consequence? Or What causes you to think that
s/he should …?

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4. Interest-based questions -
encourages understanding and hunching
of underlying interests (PEACH BFV)

Example: What do you fear will happen

if…?

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5. Challenging questions - to confront a person’s
reasoning and create a shift in a person’s position.

Example: I am confused, how does her reporting

affect your daily activities as you mentioned earlier?

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6. Brainstorming questions - considers
alternatives and develop new ideas.

Example: In what other ways do you think

this could be handled?

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7. Consequential questions - explore the
consequences of a decision and what would
happen next.

Example: Who do you think will be affected?

What will that be like for you?

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Barriers to effective communication:

1. Use of inappropriate language

2. Being prejudice/bias

3. Being close-minded, hopeless

4. Lack of trust

5. Absence of a common goal or direction

6. Poor listening habit, no focus

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ROLE 3: AS A PROCESS EXPERT
Facilitation and Problem-Solving Skills
• Using ground rules and opening statements
• Facilitating interest-based negotiations
• Handling impasse and using caucus
• Reaching closure and crafting credible
agreements

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PRACTICAL TOOLS
FOR A MEDIATOR

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 PRACTICAL TOOLS FOR A MEDIATOR
1. Supporting the parties
2. Controlling the process
3. Solving the problem

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1. SUPPORTING THE PARTIES
A. By Giving Good Attention

Withholding
Focus judgment

Impartiality
and Caring
Openness

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 1. SUPPORTING THE PARTIES
B. By Acknowledging

• Their stories
• Their feelings
• Their interests

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 1. SUPPORTING THE PARTIES
C. By Setting the Tone

• Respect • Seriousness
• Honesty • Friendliness
• Confidence • Unhurried
conversation
• Kindness
• Attention

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 2. CONTROLLING THE PROCESS
• Direct • Restate
• When should I • Confront
intervene? • Protect
• Is it time to quit?
• Set ground rules
• When things get
• Summarize out of control

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 3. SOLVING THE PROBLEM
• Take notes issues
• Ask the right questions • Reframe their words
• Determine interests and • Elicit ideas
positions • Explore alternatives
• Identify the mediatable • Craft agreements

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 OTHER WAYS OF SUPPORTING THE PARTIES

• Encourage
• Watch group and individual needs
• Use simple language
• Consider language and hearing difficulties
• Understand cultural patterns
• Deal with extreme anger, anguish, crying, the
silent one, the party who comes in bad faith

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MOVE THOSE MUSCLES!
5-minute Stretching Break

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 POWER IN
MEDIATION

The potential ability of a person

to influence change in the
person’s behavior, opinions,
goals, needs, or values.

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TYPES OF THE POWER IN MEDIATION

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 TYPES OF POWER
IN MEDIATION

• Positional Power
• Referent Power
• Expert Power
• Reward Power
• Coercive Power

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POSITIONAL POWER
o The relative power between people
based on position within a family, group
or organization.

o Authority delegated to the holder of the

position usually accompanied by various
attributes of power and other forms of
status

o Often called “legitimate” power

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REFERENT POWER
o The ability of individuals to attract
others and build loyalty.

o Based on charisma, interpersonal skills,

or a specific personal trait

o Others seek to be followers

• Nationalistic characteristics
• Certain fields promote referent
power – sports, entertainment,
politics
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EXPERT POWER

o Derived from skills or expertise and the

other person’s need for such

o Unlike the others, this type of power is

usually highly specific and limited to the
particular area in which the expert is
trained and qualified on

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REWARD POWER
o The ability to confer and/or withhold
valued rewards and benefits

o May be material benefits – money,

position, office space etc.

o May be psychological benefits –

emotional support, validation, interest-
based

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COERCIVE POWER
o The application of negative influences

o The ability to withhold rewards

o Creates fear or uncertainty which ensures

the obedience of those under power

o May build resentment and resistance from

the people who experience it.
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 POWER IMBALANCE
Inequalities between parties that
have the potential of affecting
the mediation session and final
outcome.

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POTENTIAL SOURCES OF
POWER IMBALANCE
• Gender, culture, generation
• One-shot and repeat players
• Individual and big institution
• Legally- and non-legally aided
• Inarticulate and the assertive
• The wealthy and the not so wealthy
• Knowledgeable and the ignorant/ill-devised
• Only one party pays for the mediation
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BEHAVIORAL SIGNALS…

• One party is reluctant to consider mediation

but won’t give reasons
• One party is very anxious and withdrawn
• One party concedes issues very easily
• One party aggressively refuses to negotiate
or modify demands
• One party issues threats

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POWER IMBALANCE

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 POWER IMBALANCE
AND MEDIATORS

• Can power be
balanced?
• Can mediators/ Should
mediators address
power imbalances and
still remain neutral?

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 POWER IMBALANCE
AND MEDIATORS

Mediators can:
• Attempt to ensure that a party is not
placed at a disadvantage when
communicating, negotiating, or attempting
to reach a settlement by applying the
process equitably
• Test any perception of power imbalance or
inequality, preferably in a private session

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 ATTRIBUTES OF POWER
IN MEDIATION

• Relative, situational, and shifting

• Everyone has some degree of
power
• Effective only when used

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POWER OF THE MEDIATOR

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 POWER OF THE
MEDIATOR

1. Guides the parties 5. Reality tests the

through the process fairness of the
agreement
2. Frames the questions
6. Reality tests the
3. Initiates the comfort level of the
interventions
parties with options
4. Draws out the silent and proposed
party settlements

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 WHEN WE SEE THAT ONE PARTY FEELS
INTIMIDATED BY THE OTHER…

The dialogue is better conducted in the triangular

fashion, i.e., through the mediator, rather than
directly.

The Mediator should:

• Give frequent summaries
• Ensure that each party has equal floor space
• Intervene where one party tends to
monologue
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 WHEN WE SEE THAT ONE PARTY FEELS
INTIMIDATED BY THE OTHER…

An early private session may be in order

• To address any power imbalance
• To give confidence to the weaker party

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 WHEN WE SEE THAT ONE PARTY FEELS
INTIMIDATED BY THE OTHER…

• Mediate from a position of knowledge (legal,

financial, future implications)
• If not, postpone or terminate session until
advice is obtained
• Ensure the parties are ready to make informed
decisions

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 WHEN WE SEE THAT ONE PARTY FEELS
INTIMIDATED BY THE OTHER…

Where there is gross power imbalance:

• Give the parties an option to sleep on
their decision
• Negotiate a deadline for acceptance of
settlement proposals or arrange for a
second session

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IN THE END…

• Decision to mediate, to continue, and to settle

rests with the parties
• Mediators only guide parties through the process
in the most equitable manner

“We do not know what’s best for them.”

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“Don’t quarrel with anyone. Be at
peace with everyone, just as much as
possible.”
Romans 12:18 LB

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THANK YOU
Does anyone have any questions?

mediation.oadr@gmail.com
Office for Alternative Dispute Resolution

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