Mediation Sandbox -----------"Blessed are the Cheesemakers"

Feel free to add brief summaries of class notes here

Diagnosing Conversation Review
Substance vs Relationship

Pareto Curve- Attempt to increase shared value

Traditional Positional Bargaining-Extreme Position->Concession-->Possible Deal

7 Elements
1) Alternatives 2) Interests 3) Options 4) Legitimacy 5) Communication 6) Relationship 7) Commitment
Success= Better than BATNA, Meets parties Interests, improves the relationship, includes commitment that is clear and realistic

4 P's
1) Purpose: Know and state your purpose -know perceptions, exchange information, motivations, brainstorm options, motivate people...
2) Product: Envision the desired products of a successful session: communicate that vision at the outset of the meeting.
3) Invite Key people to the meeting based on the desired purpose and product
4) Process: Create and follow appropriate procedural ground rules:
assign roles: facilitator, recorder, timekeeper, observer
formulate agenda, prioritize items, allocate time, separate inventing from deciding, record ideas, revise agenda if necessary, avoid ruts, have closure, summarize plans, make assignments, choose to help

Diagnose difficult behavior:
Threats, positional bargaining, strong emotions, interrupting, lying, time pressures, not listening/talking endlessly

Dealing with Difficult Tactics:
1)Take step back 2) Diagnose 3) separate relationship from substance: acknowledge feelings, clarify intent 4) Try to change the game:shift to interests, options, legitimacy 5) Name the game and negotiate the rules
6)Change the players 7) Help them go to their BATMA's

Three Approaches to Mediation
Problem Solving -improving it from what it was before
Transformative - improving parties from what they were before
Principled - address interests by improving communication while upholding self-determination and informed consent

Transformative Mediation:
Empowerment: strengthening the self through awareness
Recognition: expand willingness to acknowledge and be responsive to other's situation

Empathy vs Assertiveness

Moving towards learning conversations
Inquiry, acknowledgment, advocacy, what happened, feelings, identity
Align internal Mindset with External Behavior

Ladder of Inference
Conclusions: a party's view of the situation
Interpretation: what they think about what they saw, heard or experienced
Data: The information they noticed