Topic Six:

Tools and Techniques for Mediation

In the videotape that accompanies this course, you will see the mediator, Janine Higgins, using a number of tools and techniques frequently used by mediators to enhance communication. These include

• paraphrasing and summarising to clarify information and ensure that the other party has 'heard' it
• open questions to develop more information and allow the parties to tell the story in their own words ('can you say more about that?' 'what else happened?' etc)
• reframing negative statements in a positive light (for example, 'that dog is very dangerous' becomes 'you are concerned about your safety when you pass your neighbour's dog')
• refocusing to ensure that the discussions stay on track and deal with one issue at a time (also known as 'chunking').

The general style adopted by the mediator in this demonstration is a facilitative one (see Topic Three, above). Do you have any comments on this approach? How might a more 'evaluative' approach have impacted on the dynamics of the process and the possible outcomes, in your opinion?

The mediator is only one of the parties involved in this negotiation. Please also consider the behaviour of the parties and their counsel. What did you think was done and said that moved the process along, and what was less constructive?

To participate in an analysis and discussion of the videotape, and an overall synthesis of the ideas and materials contained in this course, please join Discussion Room Six, 'Some Tools and Techniques for Mediation'.