What is Mediation? Role of Active Listening in the Mediation Proceedings

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.