Tehnici de mediere

Styles:
Evaluative mediation is focused on providing the parties with an evaluation of their case and
directing them toward settlement. During an evaluative mediation process, when the parties
agree that the mediator should do so, the mediator will express a view on what might be a fair or
reasonable settlement. The Evaluative mediator has somewhat of an advisory role in that s/he
evaluates the strengths and weaknesses of each side's argument and makes some predictions
about what would happen should they go to court.
Facilitative mediation: Facilitative mediators typically do not evaluate a case or direct the
parties to a particular settlement. Instead, the Facilitative mediator facilitates the conversation.
These mediators act as guardian of the process, not the content or the outcome. During a
facilitative mediation session the parties in dispute control both what will be discussed and how
their issues will be resolved. the facilitative mediator is focused on helping the parties find a
resolution to their dispute and to that end, the facilitative mediator provides a structure and
agenda for the discussion.
Narrative mediation focuses on the stories individuals seek to establish coherence for
themselves that produce lives, careers, relationships and communities. The mediation task is to
assist people to overcome the divisiveness of a conflict by working with the stories in which the
conflict is embedded rather than pursuing an objective reality.
Transformative mediation, or mediation that transforms the people involved by empowering
them to understand their own needs as well as the needs of their opponent, and to "exploit the
opportunities for moral growth inherently presented by conflict. This type of mediation focuses
primarily on improving the relationship between the parties.
Techniques
Trust Building
Often, one or more of the parties involved in a dispute resolution process start out very
suspicious of the other party or of the process itself. One of the mediator's (or other third party's)
first jobs is to try to allay such fears. This is done by giving a careful explanation of the process
and the ground rules for behavior and, as much as possible, allowing the parties to define the
process themselves.
Venting the emotions - : emotions are brought under control to some extent. either privately
with the mediator or openly to the opposition. Such venting can have several beneficial effects: it
can clarify to the mediator and to the opposition how strongly something has affected the other
party or how strongly he or she feels about a situation; it can also help the disputants release

pent-up frustrations and have the satisfaction of at least being "heard. Although most mediators
use caucuses, some believe that mediation needs to be an open process and that meeting with just
one side risks creating feelings of distrust. To be sure, if caucuses are held, the mediator should
take care to meet with both sides, not just one, and to pay equal attention to the issues and
concerns of each party, both in the caucus sessions and in the joint sessions.
Framing
Framing is a complex and often muddled process in which disputants define what a conflict is
about and how it should be approached. It is through this process that parties transform vague
feelings of frustration into actual positions to be attained. People frame conflicts in differing
ways, based on their interests, values, needs, and underlying worldviews. Just as culture,
education, job, lifestyle, and life experiences alter people's views of the world, these factors also
influence the way they define conflict situations. This, in turn, can lead them to visualize
different and often incompatible solutions. For example, ranchers in a small community may
view a proposal to build a new ski area as a threat to their way of life, whereas the would-be
developers see it as a way of bringing prosperity and security to an economically declining area.
One party defines the issue in terms of economics and the need for recreational opportunities for
city dwellers, and the other defines it in terms of lifestyle and quality-of-life factors for people
living in the rural community.
Re-phrasing:
For example, one skill frequently taught by mediators is the use of "I-messages" instead of "youmessages." "You-messages" are accusatorythey say "you did this, you did that," and they tend
to generate a defensive reaction. "I-messages," however, say "I feel this when . . .," which tends
to elicit empathy and understanding rather than defensiveness and opposition. For example, if a
parent is angry because her child stayed out later than she was supposed to, the parent could
express this anger with a you-message: "You were supposed to be home by 11:00 and it is after
1:00! You are so irresponsible!" The response from the child is likely to be defensive: "I am not!
Your 11:00 deadline was unreasonable!" This is likely to degenerate into a heated argument,
leave both the parent and the child angry, and fail to solve the problem or improve the
relationship between the two. The alternative I-message might be: "I got really worried about
you. I was afraid that you'd been in an accident or that something else terrible had happened. I
wish you had called to let me know what was going on." This kind of message is likely to yield a
more sympathetic and helpful response, such as "I'm sorry, Mom.
Brainstorming
Brainstorming is a procedure used in negotiation, mediation, or consensus-building efforts to
generate options for settlement. Rather than examining the positions of the parties, which are
often far apart, the mediator or facilitator reframes the problem into a question and then asks the

parties to come up with as many answers as possible, while withholding judgment about the
merits of the ideas expressed.

"Best Alternative To a Negotiated Agreement." Before you can make a wise decision about
whether or not to accept a negotiated agreement, you must know what your alternatives are. If
your best alternative, your BATNA, is worse than the negotiated agreement, you should accept
the agreement. But if your BATNA is better than the offer you have negotiated, you should
withdraw from the negotiations and pursue your alternative.
Deadlines:
For example, if a party to the mediation referred to above fails to respond in two weeks, the other
party or the mediator must have some recourse, such as terminating the mediation and seeking
legal relief.
Mediators facilitate this exchange by using a number of communication tools. These tools
include active listening, paraphrasing and restatement, summarization, and probing or clarifying
questions. The mediator helps the parties to expand upon their messages, to structure their
thoughts, to group and order similar ideas, and to separate complex issues' component issues.
Communication Techniques:
Support:
Active Listening
Communicate interest and attention: "I want to understand your view."
Use gestures & sounds that show you are listening.
Taking notes
Tone of the discussion

Avoid leading questions - questions that have content or contain the answer.
Poor: "Do you think that . . . ?" Better: "What do you think?"
Poor: "Did she say that . . . ?" Better: "What did he say?"
Best: "What happened?"
Avoid closed questions
Always use Review & Sum Up
"Let me see if I've got it."
"To summarize . . . "

Control Techniques:
Repeat Technique
Repeat the vague word with inflection: "This is difficult?" "Difficult?" Other will clarify
repeated word.
Decision to intervene (when things escalate into a tense situation, decision to use caucus
Review & Sum Up

Getting out from Jams (Blocaje): Caucus and principled negociation

Caucus (sedinte separate) used in order to ventilate the parties emotions
The principled negociation has four principles:
separate the people from the problem
focus on interests, not positions
invent options for mutual gain
insist on objective criteria.
The first rule urges negotiators to separate relationship problems from problems of substance and
then deal directly with both. By following the second rule and focusing on interests, not
positions, negotiators can determine the underlying reasons that people want what they say they
want. Often, interests are compatible, even when opening positions are not. The third rule calls
for negotiators to work together to invent solutions to the problem that allow both sides to win.
They have to figure out how to "enlarge the pie," or how the pie can be shared in a way that each
side gets what he or she needs. Although such win-win solutions may appear illusive at first,
parties using principled negotiation can almost always find them, Fisher and Ury maintain.
Finally, they urge negotiators to use objective criteria whenever possible. "The more you bring
standards of fairness, efficiency, or scientific merit to bear on your particular problem," they say,
"the more likely you are to produce a final package that is wise and fair" (Fisher, Ury, and Patton
1991, 83). Agreements based on precedent and standard practice are also less vulnerable to
attack.