What is Mediation? Role of Active Listening in the Mediation Proceedings
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Role of Active Listening in the Mediation |
Author: Khushi Gupta
Role of Active Listening in the Mediation Proceedings.
v Mediation
Mediation is a productive dialogue
between people in a conflict that is accelerated by a third party, the
Mediator. Mediation allows participants to jointly design solutions to create
workplace conflicts and resolve labor relations.
Participants controlled the outcome
of the mediation and not the participants. Mediators simply help participants
talk about their concerns and interests. People often make informed decisions
when they have a chance to be heard and listened to. If they are not satisfied,
they have the option of not playing at any time.
v Mediation procedures
1. Planning.
Before the mediation process begins,
the arbitrator assists the parties in deciding where they should meet and who
should be present. Each side may have lawyers, colleagues, and/or family
members in their group, depending on the context.
2. Introduction to the Mediator.
As the parties meet in one room, the
arbitrator introduces the participants, outlines the arbitration process, and
sets basic rules. He also presented his purpose for the mediation process.
3. Opening words.
After the mediator's presentation,
each party has the opportunity to present its case in a non-judgmental manner
without interruption. In addition to explaining the issues that they believe
are at stake, they may take the time to express themselves.
4. Shared discussion.
After each side has presented its
opening remarks, the mediator and opponents are free to ask questions to gain a
better understanding of each party's needs and concerns. During this phase, the
mediator tries to understand why both parties have such differing views on how
the training went.
5. Complaints.
If feelings arise during a joint
session, the arbitrator may divide the two sides into separate private meeting
rooms, or caucuses. Usually, but not always, the mediator tells each side that
the information they share in the caucus will remain confidential.
6. Negotiation.
At this point, it is time to start
making ideas and suggestions that meet the main interests of each group — a
common reason for any experienced interviewer. The arbitrator can lead
negotiations with all parties in the same room, or he can engage in
"shuttle diplomacy," which moves forward between the parties,
collecting conflicting ideas, suggestions, and suggestions.
v Skills required
Investigation:
To understand the issues, "facts" of a case, and the views of
the parties involved, the mediator must conduct a thorough investigation. The
moderator checks which lines of inquiry it produces and tests the list of
agreements or compromises.
Managing collaboration:
At any time, a collaboration between the parties is complex. This
complexity repeats, of course, the number of parties involved. To keep the
session focused and productive, the mediator must also act as an assistant.
Problem-solving:
Creating and resolving problems is a way to end conflict and increase
cooperation. A mediator can play a role in establishing options in two ways:
• The mediator can create a system
that encourages the parties to come up with their solutions.
• The facilitator can offer ideas or
suggestions that stakeholders may not be aware of.
Practical evaluation of alternatives:
The arbitrator will generally assist the parties to settle these alternatives
instead of resolving them, which more clearly balances the costs and benefits
of non-payment.
Resettlement:
Stakeholders often define "problem" as being based on the
other side of the problem. The mediator often assists the parties to seek
explanations that they are comfortable with and that are not based on blaming
the other person.
Strategic Guide:
Covering all his / her duties, the mediator should develop and follow
the guidelines that help the parties to reach an agreement. It is important to
separate the relevant information from the cluster and identify the key
requirements for each party agreement.
v Actively listening to mediation processes
1. Attention to the speaker:
Look at the speaker. Keep other
people watching to see their reaction, but usually, keep an eye on the speaker.
Show interest in what he is saying by using upbuilding gestures.
2. Asking Questions:
The questions should be open as they
cannot be answered so easily, and encourage the speaker to speak and explain in
complete sentences. They invite someone to open the door and tell their story.
3. Reversal, rearrangement, and summary:
If the speaker pauses, there is a
chance to make sure you are listening and that you understand with the RETURN
you heard/noticed the speaker. For the answer, repeat or summarize what the
speaker said. RE-INSTALLING is a special way of accounting. It also says what
the team said to capture the essence, remove negative ideas, and advance the
process. SUMMARY is part of the answer. After one Group has told the story,
before turning to the other group, make a summary of the main points.
4. Conversation control:
Stick to the speaker's title. Do not
rush through the material as the speaker repeats the material. Remember,
repetition may indicate that a theme is very important to the speaker.
v Benefits of mediation
Greater control -
The mediator works
with the parties to try to find a solution, but without the assurance that the
matter will be resolved. This could mean that both parties have the power to
control the solution and are not forced to accept the outcome they are not happy
about.
Confidentiality -
If disputes are
resolved out of court by arbitration, it is completely confidential to both
parties, unless otherwise agreed.
Reduced costs -
Repertoire
arbitration can be faster and cheaper than going to court to try a case. It lessens
the burden on the parties.
Enhanced Support -
Mediation involves
the use of a qualified, neutral mediator who assists stakeholders in obtaining
a solution. The mediator listens to all opinions, communicates
with the parties privately and sometimes together, and directs each party
through the process.
Relationship maintenance -
Resolving
family or work disputes is already a difficult situation to deal with, but
going to court can make it even worse. Mediation helps both parties to focus on
effective communication and to reach an agreement that works for all parties to
the conflict.