Dima Alexandrova, a mediator and attorney-at-law, invited me to participate on this piece. She has participated, judged, and coached at the ICC Paris and other events. When it comes to contests involving mediators, she has some novel ideas for helping kids make the most of them.
In a competitive situation, when both parties are typically well-prepared to negotiate, it may be difficult to make appropriate use of the mediator. Based on our experience as coaches, judges, and mediators in several student forums and in the ICC Commercial Mediation Competition, we believe the following approaches are the most effective. Here, we'll follow the session's framework and offer 10 recommendations on how to get the most out of your mediator:
- The mediator's role is to listen attentively and professionally to each party's tale, so we'll begin with that element of the Mediation Knutsford process. When speaking to a third party, the parties in this situation automatically lower their voices to avoid upsetting the other party. To sum it up, the mediator is given context by the parties, and this helps to interest him or her in the conflict. It is quite acceptable for students to use the phrase 'for your benefit, Mr/Ms Mediator,' followed by a personal narrative.
- As a second option, parties might ask the mediator to summarise the accounts of both parties and provide the groundwork for future dialogue. That brings us to the next topic: the agenda.
- The mediator's role in defining the agenda and framing the topics in the agenda is extremely significant. Additionally, based on what s/he heard in the opening comments, the mediator is able to contribute to the parties' proposals and additionally frame in a neutral manner what may otherwise seem combative and further promote the conflict.
- When requested to do so on a whiteboard, the mediator may also be a huge assistance in visualising the conflict. Mediators use diverse techniques to visualising a disagreement; nonetheless, when there are numerous or intricate relationships between legal entities, it would be beneficial for them to do so.
- You may make the best use of mediation Knutsford by asking the mediator to give you a non-biased summary of where things are between you and the other side, rather than having a lawyer representing one side summarise the session for them, which is more likely to be biassed and influenced by their client's interests.
- Parties who find themselves stuck in a session can always turn to the mediator for assistance on how to go forward if the mediator is available to provide it. Either in a combined session or a caucus situation, this can be accomplished.
- There are several ways to assist the parties get their point through in the main session or caucus, and a mediator may aid by rephrasing and reformulating their thinking.
- Mediator caucus can be used when the process isn't moving ahead, and the mediator might be asked how to proceed during the caucus. As a result, a caucus might be summoned when the discussions are at an impasse.
- As an added benefit, parties are free to discuss anything they want privately with the mediator if they have signed an NDA not disclosing anything publicly. They will be able to utilise the mediator's expertise in order to organise the meeting such that this information is taken into consideration.
- At the end, parties might request mediation Knutsford for a third-party perspective on the process, including how it is moving, as well as on the possibilities and solutions that the parties are generating. Basically, the mediator may be used as a sounding board to assess the validity or potential success of new ideas before they are made public. As defined by the Oxford English Dictionary,
Using the mediator effectively may be accomplished in many ways, and we strongly encourage you to do so. Please don't take this list as an all-inclusive guide to using the mediator. We believe this material will be helpful to students participating in mediation Knutsford contests.
A common tactic used by some students to make advantage of the mediator is to simply ask the mediator to write on the board. There are a plethora of different ways mediators may be of service, and they are typically eager to do so.
It's a good idea to convene a caucus to find out whether and how personal information may be shared, as Dima has suggested, because it's a common source of innovative problem solving for both parties.
If you have questions, please call us at 03300 100 309