1.

Prepare and submit a CODIGO of your OPENING STATEMENT for a mediation proc
ess.

Sample Number 1 Opening statement. Mediation Process.

Hi everyone! Welcome to mediation. I want to begin today with introductions, my name i

s Jheanniver, but feel free to call me Jheany.

Today, I’ll be your mediator. I’d like everyone else to introduce themselves and let me k
now what you’d like to be address as this afternoon.

Great! Now that we all know who everybody is, we can get started discussing the media
tion that’s going to take place this afternoon. Now both of you have signed an agreemen
t to mediate but I want to take a few minutes to go over the process and answer any qu
eations you might have about it.

Like I said earlier, my name is jheany and I’m a qaulified neutral mediator. I’ve been me
diating for several years now. I really believe in the process and I’m so happy you chose
to engage in mediation today.

This is your mediation, it’s different than anybody else. I’m not gonna set any particular
ground rules for you today but I’d like to let you know what other party think what’s best
for mediation. I’ve heard many parties said that it’s best when both parties are respectful
with one another, when they’re really willing to listen and work together, that’s when suc
cessful result come out of mediation.

So, I provided you both with pads and pen, and this is just to encourage you not to interr
upt one another when there’s talking. If you disagree with what the other partty is saying
or another thought comes to your mind that reminded you, based on what the other part
y just said, just write it down, and when the other party is done talking feel free to bring
up those points.

Today, I want you also to know that I will be taking notes as well while you’re talking. Ev
ery once in a while, I may interrupt to ask you a question clarifying what I have written d
own making sure I understand you and making sure my notes reflect what we have bee
n discussed today.

The mediation today will be conducted how ever the two of you want it to be. I’m here to
support as much as possible as a neutral third party, how you interact with one another.
This is an opportunity for the two of you to really come to a productive conversation that
will help both of you to move forward in your dispute.

I want you to fell free to discuss anything you feel is relevant to the dispute. Any feelings
you’ve discussed before, any feelings you have’nt discuss at all, any issues that you ha
ven’t really talk about, everything is up to bring to the table today.
I’m gonna help you navigate the conversation as much as possible. We’re here to discu
ss your concerns, solutions, ideas and anything you want to discuss, this is your mediati
on. Does this approach sound all right with, for the both of you?

Okay, great! If there’s any point that you’ll no longer comfortable with the mediation toda
y or you want to stop for any reason at all, just fell free to let me know and we’ll discuss
how we should proceed or if you even like to proceed at all

Now I’d like to take a few minutes to talk about confidentiality. Mediation is a confidential
process, all the notes I’m taking will be destroyed after this mediation is complete today.
I will not discuss any conversation that takes place in this session today.

However, you should know there are few situations under which I might be compel to di
sclose parts of our conversation today for instance I might be able to testify if there are
any criminal acts, ethical violations or professional misconduct that occur today. These
situations are very rare, I havent seen to come up very often, and when everybody is wo
rking together respectfully, they almost never occur. So, I want you to know I take confid
entiality very seriously and will do whatever it takes to not have to disclosed what is disc
ussed today.

I want you also to know if any time during the mediation, you want to meet individually w
ith me, that is definitely an option for you. I’m not going to call for a meeting one on one
but I want you to feel comfortable doing so if you think it will benifit the discussion we’re
having.

I want you to know that during this individual meetings, what we have discussed will als
o remain confidential. I won’t discuss it when I meet with the next party but if you fell you
wanna bring it up when we’re all back as a large group, fell free to do so.

Do you have any questions about confidentiality?

No? Okay, I’m really glad you’ve chosen to participate in mediation today. I encourage y
ou to really listen to what the other party is communicationg to. I’m confident that everon
e is respectful and willing to work together, we will come up with a solution that suits to
everybody.

I’d like to ask if anyone want to ask what I just discussed?

No? Okay, then let’s get started. Who would like to begin?

Sample Number 2. OPENING STATEMENT for a MEDIATION PROCESS.

Good morning! It’s nice of you to be here. I’m Jheanny, I’m your mediator.
I know that you have been asked to come to this mediation and I appreciate the fact that
you’re here.

You should know that mediation is both voluntary and confidential. That basically means
that even though you were encourage to be here if you this doesnt work for you, either o
ne of you can leave anytime and there’s no any penalty involve in that. It will simply be
a mediation in which, it didn’t work out in that point of time.

By voluntary I mean that, I’m going to treat your participation as somebody who wants t
o be here looking for a solution.

By confidential, I mean that anything we say here, stays here. The only thing that can le
ave this room, by law, is any written agreement that you may reach following mediation.

My role is to help the two of you talk. I don’t make decisions, I don’t tell you what to do. I
’m merely a facilitator of your discussion. I’m a neutral, I’ve been hired for this process, I
don’t work for them, I have no religions one way or the other to them, other than helping
you do this process.

Sample Number 3. OPENING STATEMENT for a MEDIATION PROCESS.

Hello! My name is Jheanny and I will be your mediator today.

How may I address you?

Today in mediation, you each will be given an opportunity to present the issues that are
important to you. Now pads are provided so that when the other person is speaking, you
may take notes.

During this mediation I may call a caucus, this is when I will speak to each of you individ
ually, this is where you can present issues to me that you might not comfortable with wh
ile the other party is present.

It is important that you come up with the solutions here. I’m simply a neutral third party, I
’m the facilitator. I’m here to make sure the conversation goes smoothly.

It is important to know that confidentiality is most important. You each signed a consent
form, my notes will be shreded, anything that is said here stays here. I will ask that we d
o not raise our voices, we do not interrupt each other.

This is an environment were you can express your issues and hopefull be heared by oth
er party. Are there any time constraints that you know about before we begin?

Okay, if you are comfortable with me, as your mediator, duly, since you brought this her
e, at the definite, you may begin.

Sample Number 4. OPENING STATEMENT for a MEDIATION PROCESS.

Hello! My name is Jheanny and I will be your mediator today.
How may I address you?

Mediation is an opportunity for all of you to talk about why you’re here and to help you m
ake some decisions about what you have to do about the situation. My role as a mediat
or is to help you have a productive conversation. I’m gonna work really hard to be neutr
al, if at any time you don’t think I’m being neutral or fair at both side, I’d like you to tell m
e cause I’d rather correct the problem and help you reach an outcome that work for both
of you.

This process is voluntary, also I want to let you know that this is private and confidential.
On a couple of levels, I want, as mediator, I cannot be called to speak on behalf of eithe
r of you if this later goes back to court.There will be times were I may meet with each of
you privately during the mediation just to check in if theres thing you wanna tell me that
you rather want that I don’t share with the other side, if it happen that you don’t want me
to share certain things, I will respect that.

Were gonna start the mediation by one of you really talking about why are you here and
what are you looking for. Each of you have an opportunity to do that. I would most likely
meet with each of you at least once in private and once again that will give me an oppor
tunity to hear from you any additional things you prefer not to say in front of the other pe
rson.

I hope though at time you’ll be able to speak directly to one another about the terms of a
ny agreement or what you like to do following this mediation. If you reach an agreement,
I will help you write up the agreement, it will be filed with the court and you would be fre
e to go. Does anyone have to be at you anywhere at a certain time? Do we have the rig
ht people at the table, I mean, are the decision makers here? Do you need to check in w
ith anybody outside of this room, about any agreement that you might enetered into.

What I’m gonna ask both of you to do is to sign what’s called an agreement to participat
e form. This form states what I just said to you which this is voluntary and also private a
nd confidential and that I cannot be involve should this later go before the court.

2. What are the phases of mediation. Discuss each meadiation process.

The mediation process can include some or all of the following six steps:
1. Planning. Before the mediation process begins, the mediator helps the parties
decide where they should meet and who should be present.
2. Mediator’s introduction. With the parties gathered together in the same room,
the mediator introduces the participants, outlines the mediation process, and lays
out ground rules.
 Mediator also presents goal for the mediation process: to help the parties come
to a negotiated agreement on the issue of a disputed consulting fee and to
resolve the business relationship amicably.

3. Opening remarks. Following the mediator’s introduction, each side has the
opportunity to present its view of the dispute without interruption. In addition to
describing the issues they believe are at stake, they may also take time to vent
their feelings.

4. Joint discussion. After each side presents its opening remarks, the mediator
and the disputants are free to ask questions with the goal of arriving at a better
understanding of each party’s needs and concerns. Because disputing sides
often have difficulty listening to each other, mediators act like translators,
repeating back what they have heard and asking for clarification when
necessary. If parties reach an impasse, mediators diagnose the obstacles that lie
in their path and work to get the discussion back on track.

5. Caucuses. If emotions run high during a joint session, the mediator might split
the two sides into separate rooms for private meetings, or caucuses. Often, but
not always, the mediator tells each side that the information they share in caucus
will remain confidential. The promise of confidentiality can encourage disputants
to share new information about their interests and concerns.
6. Negotiation. At this point, it’s time to begin formulating ideas and proposals that
meet each party’s core interests—familiar ground for any experienced negotiator.
The mediator can lead the negotiation with all parties in the same room, or she
can engage in “shuttle diplomacy,” moving back and forth between the teams,
gathering ideas, proposals, and counterproposals.

When putting together your settlement proposal, Goldberg recommends that you
ask the mediator for her advice. Her conversations with the other side have
probably given her knowledge of its interests that you can use when packaging
your proposal.

3. How do you prevent the mediation session from failing.

Some suggested methods that mediators, attorneys, and disputants can attempt
to overcome barriers to mediation success are:

A. APPROPRIATENESS OF MEDIATOR- Selecting an appropriate mediator for

the type of dispute is essential to providing disputants with the highest
probability for a successful mediation.
B. COMMITMENT TO RESOLVE THE DISPUTE - For mediation to be
successful, the disputants must have a commitment to resolve the dispute. If
a disputant or attorney informs the mediator that he or she has no intentions
to settle the case, it immediately puts the mediation in jeopardy.
C. PROPERLY PREPARE FOR MEDIATION- The failure to properly prepare for
mediation is a pitfall that seems very basic that it requires no elaboration.
However, lack of preparation before a mediation is a significant and recurring
problem.
D. COMPLETE MEDIATION STATEMENTS - The disputants’ mediation
statements, positions, and interests must be fully developed, complete, and
disclosed to the mediator. These mediation statements should be disclosed
far enough in advance for the mediator to read them, conduct research if
necessary, and prepare for the mediation. Without clearly defined statements
of the disputants’ positions and interests, the mediator may spend valuable
mediation time attempting to clarify the disputants’ positions, interests,
strengths and weaknesses.
E. ANTICIPATION AND DISCUSSION OF IMPASSE -The mediator, attorneys
and disputants should consider and anticipate the possibility of impasse
before it occurs and discuss how it should be handled if it arises. The failure
to anticipate and prepare for impasse may pose problems later in a mediation
when the disputants are feeling stuck.
F. SUBSEQUENTLY SCHEDULED SETTLEMENT CONFERENCES - Another
process-related problem that may lead to a mediation failure is a
subsequently scheduled settlement conference. That is, the disputants are
aware that if the matter does not settle, they will have another opportunity to
negotiate and possibly settle the matter later in the proceedings. If a
subsequent settlement conference is scheduled, the disputants usually do
not have a sense of urgency or importance with respect to settlement at the
mediation. Instead, the parties may approach the instant mediation as mere
preliminary negotiations that will lead to an ultimate settlement opportunity at
the next settlement conference.
G. MATURE MEDIATION -Timing of the mediation is critical to its success. If a
disputant or an attorney does not have sufficient information to proceed, the
mediation may be slowed or stalled. If mediation is scheduled too early or
when key events have not yet occurred, the disputants might say, “It’s too
early to settle; I don’t know my case well enough.”29 On the other hand, if the
case is too far advanced in litigation, the disputants might have too much
invested in the adversarial nature of the case or have too many resources
invested in the outcome of the litigation.
H. AVOID EXCEEDING PREVIOUS OFFER BY REPRESENTATIVE’S
AUTHORITY - While this does not occur often, a previous offer by a
disputant’s representative that exceeds the authority given to the disputant’s
attorney at the mediation can immediately halt a mediation.
I. AVOID CLAIMANT TO INCREASE DEMAND AT MEDIATION Disputants
should not increase their demands when sitting at the mediation table. Any
attempt to do so will most likely be taken as a sign of bad faith by the other
disputants, which may result in reluctance to engage in any constructive
negotiations.
J. SETTLE CONTRIBUTION AMONG DEFENDANTS- In situations where
there are multiple defendants to a dispute, the defendants should have some
agreement with respect to contribution between themselves. While the
agreement need not be so specific that all defendants agree to their
respective fault, the defendants should be able to reach some agreement
concerning contribution percentages for settlement purposes. If the
defendants cannot reach an agreement prior to the mediation, there is a
significant risk that one disputant will settle individually, which may make
settling the case with the other disputants much more difficult.
K. COME OUT SUBROGATION INTERESTS- In situations where there are
potential subrogation interests, as the situation often is when a third party or
insurance carrier is involved, the plaintiff and third party or insurance carrier
should come to some agreement with respect to any subrogation interest.
L. PREVENT INSUFFICIENT SETTLEMENT AUTHORITY Insufficient
settlement authority is one of the largest obstacles to a successful mediation.
When a disputant or attorney does not have the authority to close a deal or
settle the matter, the mediation grinds to a halt. The attorney or disputant
representative is usually given an opportunity to consult with the ultimate
decision-maker, but this sort of consultation is inherently difficult during the
mediation process.
M. MAKE SURE PERSONS WITH AUTHORITY TO SETTLE ATTEND
MEDIATION- Every effort should be made by the disputants, attorneys, and
the mediator to identify every person who should be physically present at the
mediation. The physical presence of the ultimate decision-maker is incredibly
important to the likelihood of mediation success because the ultimate
decision-maker has access to all of the relevant facts and circumstances
presented during the course of a mediation.
N. PROPERLY DOCUMENT THE MEDIATION SETTLEMENT The mediator,
disputants, and the attorneys should always properly document a mediated
settlement before leaving the mediation room. This last concern is intended
to avoid “buyer’s remorse,” or in this case, “negotiator’s remorse.” After a
long day of mediation, hammering out a mediation settlement might be the
last thing the disputants, attorneys, and mediator want to do. Nevertheless, it
is one of the most important steps to a mediation. To avoid this problem, a
 settlement agreement should always be in writing and signed by the
disputants to avoid issues with enforcing the agreement.

4. HOW DO YOU MAINTAIN YOUR NEUTRALITY IN MEDIATION PROCESS?

Neutrality in mediation could be approached as the need for the mediator to

identify, develop and maintain equality in the disputing parties’ power and self-
determination so that a fair and mutual outcome may be reached.

A mediator, in order to achieve neutrality in practice, must therefore locate a

correct balance between:

(a) too much intervention (which hinders the self-determination of the disputing parties), and
(b) too little intervention (which causes the balance of power between the disputing parties to
become uneven).
Any accurate examination of the power of each disputing party should result in
identifications of imbalances, and provoke the mediator to encourage
maximum communication. The mediator must thus gain a deep and accurate
understanding of the position of each party, so that he may only intervene
when necessary and without undue bias.

5.Make a brief summary on the report on “Conflict”

Conflict is a situation in which someone believes that his or her own needs have been denied. Conflict
occurs when individuals are not able to choose among the available alternative courses of action.

In Human relations view:

It is the belief that conflict is a natural and inevitable outcome in any group.

Types of conflicts are:

1. Relationship Conflict
1. Data Conflict
2. Interest Conflict
3. Structural Conflict
4. Value Conflict

CONFLICT RESOLUTION AND APPROACHES:

CONFLICT RESOLUTION
Is the process of resolving a dispute by addressing and meeting at least some of each side’s needs and
concern.

5 Conflict Resolution Style:

1. Competitive- A power-oriented mode.
This is the “win-lose” approach.
You act in a very assertive way to achieve your goals, without seeking to cooperate with the
other party, and it may be at the expense of the other party. This approach may be
appropriate for emergencies when time is of the essence, or when you need quick, decisive
action, and people are aware of and support the approach.
2. Collaborative- Try to meet the needs of all people involved. This is a “win-win” approach.
Collaborating with the other party involves listening to their side, discussing areas of
agreement and goals, and ensuring that all parties understand each other. Collaboration
requires thinking creatively to resolve the problem without concessions.
3. Compromising- Find solution that will, to some extent, satisfy everyone.
This is a “lose-lose” scenario where neither party really achieves what they want.
This calls for both sides of a conflict to give up elements of their position in order to establish an
acceptable, if not agreeable, solution.
4. Accommodating- Meeting the needs of others at the expense of own needs. The use of
accommodation often occurs when one of the parties wishes to keep the peace or perceives the
issue as minor. Best use when helping and developing people, allowing them to try out and
learn from their mistakes.
5. Avoiding- Avoiding the conflict entirely.Best use when the conflict is not important.
Avoiding is not helping the other party reach his goal, and the other party is not assertively
pursuing his own. By delaying or ignoring the conflict, the avoider hopes the problem resolves
itself without a confrontation.

Conflict resolution is a set of techniques for resolving conflicts with the assistance of a third party.
Alternative Dispute Resolution (ADR) is a concept that encompasses a variety of mechanisms by which
conflicts are resolved. In other words, ADR offers alternatives to litigation which has often times been
associated with delays, exorbitant fees, and discontentment.
Practitioners employ different kinds of ADR techniques including, Mediation, Negotiation, Conciliation
and good offices, to resolve conflicts.

6. What is a non-defensive response. Cite an example.

Non defensive communication is being able to effectively communicate by learning to listen-that is, to
concentrate fully on what the other person is saying and not our own emotional reaction-and learn to send
appropriate messages that lessen the chance the other person will respond defensively.

Examples of non-defensive response skills are:

1. Ask Questions:
Nature: curious, open, innocent, neutral, inviting
Purpose: To gather thorough information to understand accurately what the person means,
believes, or feels.

Example:
If someone acts upset, the first step is to simply ask the person directly about your own
assumption so he can confirm, deny, or qualify, for example, “Are you irritated (frustrated,
angry, upset) about something?”
Avoid: Using a question to express your own opinion or to entrap others.
2. Make Statements:
Nature: open, direct, vulnerable, subjective, descriptive
Purpose: The first three steps are to state neutrally our subjective interpretation of
1) what we hear the other person saying,
2) any contradictions we see (perceive) in the person's tone, body language, and words, and
3) our conclusions regarding the person's overt and covert messages.

The fourth step is not neutral and is to

4) fully express our own reactions, our feelings, beliefs, and reasoning.

Example:
If the person continues to act irritable and yet denies it when asked, saying harshly, “I’m fine!,”
we might respond with this four part statement:
• Hear: “ When I hear you saying that you are in a good mood
• See: and (at the same time) I see that you are rolling your eyes and shrugging
• Conclude: then I believe that something is wrong but you don’t want to tell me
• Reaction: and so I feel frustrated and am not sure if I should ask you more
questions or leave you alone.”

Avoid: Stating opinion as fact or trying to convince others to agree.

3. Predict Consequences:
Nature: protective, foretelling, neutral, definitive, firm
Purpose: To create boundaries and security by telling another person ahead of time how we will
react if s/he does make a certain choice, and how we will react if s/he does not make that choice.
Example:
If the person still acts upset and continues to deny it, after hearing our statement, saying “I said
I’m
fine, there's no problem!,” we can set a limit using an “If......then” sentence:
• “If you would like to tell me what's going on, then I'd like to hear it.”
• “If you don't want to tell me, then I don’t want to try to make you.”
Avoid: Using a consequence prediction to coax, punish, or falsely threaten others.

7. Discuss “moving from position to interest”, citing the “orange” or “turkey” settlement.

The orange quarrel (Jenny cut, Joey choose the orange) was a good solution and a win-
win solution compared to what could have happen in an all out fight. All things being
equal, this seems a pretty fair solution. Both children got 50% of what they wanted.

It turns out that they can do even better than this when we recognize that there are two
important objectives that helps achieve superior agreements:
1. Fairness – Divide the benefits fairly(Distribution of benefits)
 2. Efficiency- Don’t leave value on the table (Integration of benefits)

The children on this conflict were using adversarial methods as resolving a one
dimensional negotiations, both children wanted the whole orange and the problem was
that if one is to get more, the other had to get less.

The first step in solving this problem is to re-label this scale- instead of thinking that each
child wants the 100% of the orange, consider rather that each child wants to become 100
% satisfied.
Now you can take the scale and reorient them, so that we view the case in a
multidimensional satisfaction space, now it’s no longer necessary true that one party has
to loose, when another one gains.

In the previous scenario, we did achieve fairness objective, both parties got 50% of what
they wanted but when they plot this solution on the graph, we see that they may be room
for improvement.

To further explore this, take a deeper into our interest-based principles and ask each child
why they want the orange, it turns out that Jenny isn’t interested in eating the orange, she
wants to bake a cake with the peels of exactly one orange while Joey wants to eat the fruit
but always want to throw the peels into the waste bin.

Now the optimal solution, give Jenny all the peel, and Joey all the fruit. They both get
100 % of what they wanted which achieves our efficiency objective.

8. How do you break an impasse? When neither party is willing to make another concession to
reach agreement, they are at impasse. To help break through impasse, a mediator
should consider using one or more of the following strategies:
 Ask diagnostic questions. Ask questions like, “What do you believe would be the best
solution for everyone?” or, “What could your opponent do to signal progress?”

 Bracket your way to compromise. Ask each party, “If the other party were to offer
_____, would you be willing to offer _____ in return?” This approach often helps a party
move into the range of reason without requiring the other party to move there first.

 Encourage a party to make a concession and the other party to reciprocate. When
you name the concessions the parties have made and recite the reciprocal moves by the
other, the parties feel more satisfied about the progress they’re making and more
hopeful about their ability to close the deal.

 Perform a cost-benefit analysis. Calculate the costs and benefits of any proposed
solution as compared to the costs and benefits of the parties’ failure to reach agreement.
 Reframe the possible outcomes. When a party refuses to make further concessions,
to save face or avoid the impression that he’s lost, reframe the resolution from loss to
victory by stressing, for instance, that resolution is control over the conflict.

9. Discuss the different kinds of questioning.

1. Open ended questions- Start with what, how, when, where and cannot be
answered with a “yes” or “no”. Encourage a more lengthy response than a yes/no
or single word answer. Maximize the information received when combined with
active listening skills. Generally allows the parties wide latitude in answering

Advantage: Encourage people to talk freely and establishes good rapport. Encourage
people to identify issues, concerns, feelings, and points of view. Allow for a large
quantity of information to be received

Disadvantage: May generate lengthy, detailed and unfocused responses. May result in a
loss of focus on critical issues.

Types of open ended questions:

 Why? - Must be used with caution and with an appropriate tone. One must set
boundaries because sometimes open-ended questions are too open. May create a
feeling of blame, criticism, and interrogation
 Broadening and Prompters- Are neutral and encourage additional information,
issues and concerns to be raised. Useful at the start of the session
 Interest-based- Examine a person’s interests, expectations, values and fears and hopes
Examples : How were you expecting him to respond to the notice of
employment termination?
What concerns you about her decision to change this term in the
contract of employment?
Note: This can also be used in getting to know someone better. <3
 Clarifying- Illuminate a mediator’s understanding of a communication. Helpful for
clarifying ambiguous terms and for moving a person from giving a general
descriptions to disclosing more specific information.

Example:
When you say she undermines your visitation access with the kids, what exactly
are you referring to?
Note: be clear with your intentions! Wag kang pa asa!!!
 Challenging- Confront a person’s reasoning and are used to create a shift in a
person’s position or point of view
Example: On the one hand you are saying that this contract is important to you
but you are refusing to discuss the issue of payment schedules.
Note: discuss everything. Hindi ung may tinatago ka. 
 Brainstorming- Useful for considering alternatives and developing ideas after issues
and interests have been unidentified and explored.
Example: How else do you think this could be dealt with? What other possibilities
can you think of?

 Reasoning/explaining- Are helpful for understanding the reasons behind a

person’s position
Example: What makes this the optimum outcome for you?

 Consequential- Explore the result of a decision or action and are useful to assist the
person in seeing the potential consequences of an action.
Example:What do you think will happen if….? How do you think he will react to
that……?
Note: think first before you act. Makakasakit ka lang. 

2. Probing-. Solicit more information or some form of justification Used to collect in-
depth information or some form of justification
Example: Can you tell us exactly how your physical condition makes it hard for
you to continue working? Can you tell us more about the condition of your back?
When you say that the pain is “debilitating”, what exactly do you mean?

3. Hypothetical- Raise general possibilities without any commitment.

Babe, what if makahanap ka ng iba? 

4. Disarming- Lead parties away from destructive exchange

Babe,Sino kausap mo kanina? Hmmmmf.

5. Closed-ended- Elicit yes/no answer or a brief response. Generate relevant and

specific information when used appropriately. Invite an affirmative or negative
answer
Example:
Did you not contribute to the accident by failing to wear your glasses while you
were driving that day?
 Advantage: Help to narrow and focus on critical issues. Precise, accurate and relevant
information can be obtained quickly

Disadvantage: Inappropriate use may make the questioning feel like an interrogation.
Overuse may harm rapport and may cause people to become defensive
May not allow for relevant information to be introduced and discussed when used too
early in the questioning.

10. What are the basic skills in communication necessary for a successful process?

Key communication skills in mediation are:

1. Listening- Effective listening -- there is no substitute!

While mediation is very forgiving of mediator error, a mediator’s failure to listen, rather than “just
hear,” may be fatal. When you hear, you take in sound. When you listen, you process the
information received.

2. Summarizing- Summarizing is a mediator’s compass helping to keep everyone on the

same track. Summarizing involves reflecting back to a speaker the essence of the
communication. In order to summarize, a mediator must focus carefully on the
message.

3. Dealing with emotions- Conflict and emotion go hand-in-hand. A mediator needs to

deal with the emotions connected to the parties’ dispute. A failure to recognize and
address the emotional underpinning of a problem will often make resolution in mediation
impossible. On the other hand, when parties feel their emotions have been
acknowledged they have less need to constantly repeat themselves and can move
forward.
4. effective questioning- Effective questioning serves many functions in mediation, such as:

 gathering information
 clarifying or understanding
 refocusing a wandering speaker
 stimulating thinking
 opening up a position
 closing in on a decision

5. Neutralizing- Parties to mediation often are upset and might use inflammatory language.
Requiring parties to refrain from using blaming, angry, or adversarial words as a ground
 rule for mediation might sanitize the atmosphere to the point that an honest exchange of
thoughts and emotions becomes impossible.

However, a mediator must always refrain from using such language. Yet, a mediator is
left with the job of dealing with unpleasant words and the feelings behind them. This task is
accomplished by neutralizing the language. Neutralizing involves going around the incendiary
words to reach the feelings or interests behind them.

6. Reframing- Perhaps the most sophisticated and difficult communication skill for a
mediator to master is the art of reframing an issue presented to move toward resolution.

Reframing involves taking a statement or a concern, then focusing on specific behaviors

or options to be negotiated related to the statement or concern. Ultimately, reframing allows
parties to look at a situation from a different perspective.

Reasons to Reframe

 Turn a negative to a positive

 Turn from complaints to negotiable behaviors
 Move from the past into the future
 Keep the discussion moving