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Chapter 8

C o m m u n i c a ti o n
Chapter 8
Microskills in Mediation

“When dealing with people, remember you are


not dealing with creatures of logic,
but creatures of emotion.”

Dale Carnegie

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Learning Objectives

Define • Define microskills.

• Identify and explain the various microskills required


Identify and explain for handling conflict situations.

Demonstrate • Demonstrate how these skills are used.

• Apply the communication skills specifically needed


Apply for effective mediation and negotiation.

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FR
What Are Microskills?
• Microskills are specific skills that
people may possess that are useful in
particular situations (e.g., listening,
mediation, negotiation, or
interviewing).

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Active
Paraphrasing Summarizing Reflecting
Listening

Reframing “I” messages Observation Questioning

Microskills in Mediation
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Active Listening
Active listening is a process of
being fully engaged in what
another person is
communicating to us.
It is not only listening, but
attempting to understand
their message.

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Active Listening 1

Use effective body language to demonstrate you are


listening.

SOLER
E - maintain
O - have open body
S - sit up straight L - lean in appropriate eye R - be relaxed
language
contact

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Active Listening 2

Give feedback — Watch for latent &


Don’t interrupt.
verbal & non-verbal. manifest content.

1. Latent Content:
2. Manifest Content:
message that lies
what is actually being
beneath the surface;
said.
suggested or implied.

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FR
Active Listening 3
• It is the mediator’s
responsibility to ensure
clients are demonstrating
active listening to truly
hear each other’s
position, needs and
underlying fears or
concerns.

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Communication Skills

Paraphrasing

Summarizing

Reframing

Reflecting
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FR
Paraphrasing
• Involves repeating in your own
words what someone else has said.
• The repeat sentence may start
with:
• “What I hear you saying is…”
or
• “ Am I correct in your message
is…”

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Summarizing
• Summarizing involves
condensing the speaker’s
message while including all
of the relevant points.
• It also allows for
clarification.

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Reflecting
R e fl e c ti n g i n v o l v e s p r o v i d i n g
fe e d b a c k t h a t s h o w s t h a t t h e
s p e a ke r ’s fe e l i n g s a n d
e m o ti o n s h a v e b e e n
recognized.

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This Photo by Unknown Author is licensed under CC BY-SA
FR

Reframing
• Reframing involves looking at a situation from
a different perspective, often a more positive
one, and restating it. The restatement should:
• Give them a more positive tone.
• Eliminate blame and accusations.
• Reflect underlying interests, fears,
concerns, needs, values, or goals.
• Reveal common ground between the
parties.

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“I” Messages
• These are statements that eliminate
blame and accusations. The person
frames them in this manner:
• “I feel … when … because …”
• Instead of saying “you did this”
or “because of you.”

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Clear Language
• Clear and concise language should be used in
mediation sessions for effective communications.
General guidelines for clear language are:
• Avoid jargon.
• Be grammatically correct.
• Remove unnecessary words or adjectives.
• Avoid absolute words such as never and
always.
• Use factual terms not descriptive terms.

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Mediators should be constantly aware of non-verbal body
language used in the mediation session. Client’s moods,
fears, positions and emotions may be demonstrated
Body
through:
Eye contact position and Gestures
movements

Be aware of cultural differences in non-verbal body


Non-verbal Language language

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FR
Questioning
• Mediators should have
knowledge of various types
of questions and what
situations are best to use
them.
• The following are various
types of questions.

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Open-Ended Questions

They allow the person responding to answer with a variety of


answers. It gives them control of the conversation and room to
express feelings and underlying interests.

For example: “How do you feel about that proposal?”

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Closed Questions

These are limiting; they usually require only a “yes” or “no” response.
They give the asker control of the situation and emotional responses.

For example: “Do you like brainstorming?”

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Clarifying Questions
These are used to bring out more information or to clarify a
point someone has made. They help clear up confusions or
misunderstandings

For example:

“You do you mean by “elusive”?


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Justifying Questions

These are used to resolve inconsistent or contradictory statements,


and to ensure clarity and understanding.

“Your opinion on that matter is different


For example: from what you said in the last session. Have
you changed your mind?”

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Probing Questions

Are used for exploring situations more or when parties give vague
responses. They may be necessary to elicit information.

“Can you tell me more about the living


For example: situation?”

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