Transformative Mediation Model

timer Asked: Oct 16th, 2018
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Question Description

I will be the mediator, one of the participant play a role of the scribe, and two others play role the minimum wage parties, and last one the employer.

I send you a narrative mediation model as an example even this model is different, but you may have better idea how to do it the transformative mediation model based on the transformative guideline attachment.

I you follow all those instructionsTransformative activity description you will do it well.

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Transformative activity description ACTIVITY FOR 1st SESSION: (Mediators should move through the following steps) I. Introduction: A. Beginning the Mediation Session 1. Introduction of the mediators (establish credibility) and parties 2. Gain commitment from parties to participate 3. Definition of mediation (informal, self-determination, collaboration, control, etc.) in alignment with the transformative model 4. Educate parties about the mediation process; role of mediation and mediator’s role 5. Uses a metaphor for describing what mediation is in transformative approach 6. Explain the benefits of mediation in terms transformative mediation 7. Develops rapport/credibility with the parties 8. Statement of impartiality and neutrality (avoids authoritative stance) 9. Description of the proposed mediation procedures 10. Explanation of the concept of the caucus (use the word separate session instead of caucus) 11. Definition of the parameters of confidentiality (except where disclosure is required by law-which involves child and adult abuse issues). Also, parties are allowed to seek legal advice. 12. Description of logistics, scheduling and length of meetings (agenda) 13. Suggestions for behavioral guidelines or ground rules 14. Answers to questions posed by the parties 15. Securing a joint commitment to begin 16. Preview the session: what should parties expect will happen Body Sections II-VI: II. Accumulating Information 1. Invites parties speak and tell their stories 2. Allows emotions to be expressed and listened to during mediation 3. Demonstrates equal interest in parties 4. Summarizes and engages in reflective listening 5. Avoids being judgmental or presupposing what is best for parties 6. Allows parties to interact uninterrupted (follows parties not lead them) 7. Clarifies information and translates information back to parties III. Developing Issues 1. Check in with parties on content and process 2. Ask parties if the session is working for them well 3. Focus on empowerment by supporting (and never 4. supplanting) each party’s voluntary efforts at deliberation and decision-making , 5. Encourages recognition among parties to achieve 6. new understandings of the other’s perspective& own perspective 7. Allow parties to work through conflict through their interaction 8. Asks open-ended, explorative questions 9. Maintains neutrality 10. Follow parties and their own decisions about process 11. (responds to expressed priorities and needs of the parties) 12. Follow parties in terms of their content decisions: avoids 13. leading parties on new content IV. Focus on Improving Interaction and Communication. (10 pts) 1. Encourages effective interaction among parties (ask what they would like to do or see happen) 2. Encourages acknowledging and validating information from the parties 3. Freely allows parties to generate their ideas 4. Facilitates in uncovering issues / Helps parties see others’ issues 5. Encourage parties to engage in deliberation and choice making. 6. Allow parties to control topics, order & discussion. 7. Allow parties to talk rather than engaging in mediator talk 8. Engage in reflection, summary, and check-in regularly 9. Allows parties to guide conversation 10. Control your “own” emotion as mediator 11. Address parties as “you” instead of “we” 12. Continuously check direction and choices (Where do you feel comfortable going next?) 13. Focus on the content and decisions made by parties 14. Avoids reframing, caucus, ground rules, and agenda unless desired by parties 15. Avoids presuppositions or assumptions about the parties ACTIVITY for SECOND SESSION: (Mediators should move the parties through the final stages of a mediation.) V. Shifts 1. Promotes shifts of recognition among parties 2. Promotes shifts in empowerment among parties 3. Promotes shifts from facts and positions to parties interests 4. Maintains neutrality/impartiality when reflecting back the shifts that were observed 5. Promotes shifts from ambiguity to clarity 6. Promotes shift from deconstructive conflict to constructive conflict 7. Promotes shift from weakness to strength in parties 8. Points out shifts and check-in for accuracy VI. Closing the Session: (10 pts) 1. Reviews the agreement or conclusions by reflecting back parties ideas (Accurately as possible) 2. Does a comprehensive overview and asks if all was discussed 3. Clarifies all outstanding issues by checking in 4. Respects the terms 5. Drafts a positive, clear, precise agreement terms with parties’ assistance 6. Never coerces parties 7. Reviews confidentiality of the session 8. Commends participants for their participation 9. Congratulates parties for their progress or settlement 10. Discusses future actions to be taken by asking parties their needs The following behaviors should be encouraged throughout the entire mediation process: DELIVERY (10 points) 1. Cultural sensitivity 2. Direct and shared eye-contact to both parties 3. Effective gesturing 4. Avoids reading or too much note taking 5. Effective vocalics: articulation, volume, rate, projection 6. Effective kinesics: posture, movement 7. Composure during emotional times 8. Uses appropriate humor 9. Establishes credibility 10. Maintains rapport with parties during the session 11. Expresses sincerity, confidence, and dynamism 12. Demonstrates appropriate facial expressions 13. Uses parties’ names (generally first name unless parties desire otherwise: need to ask at the beginning of the session) 14. Effectively displays memory log of the session Running head: NARRATIVE MEDIATION MODEL OUTLINE Narrative Mediation Model Outline Students Name: Institution: I. Opening Statement in the Joint Session with Both Parties 1 NARRATIVE MEDIATION MODEL OUTLINE 2 1. Introduction of the mediators (establish credibility) and parties a. I would like to welcome you here to this meeting today, my name is Ashley Hintermeyer and I have been a trained mediator for several years now. This is my comediator, Peter. What are your names and how would you like me to address you? 2. Commendation of the willingness of the parties to participate a. I would like to commend you for beginning this mediation process today, and I hope that you will find value in this process. 3. Definition of Mediation a. Mediation is negotiation with the assistance of a neutral, the mediator. I’m here to help you negotiate. Mediation is very successful in that 3/4ths of all matters going to mediation are settled. The purpose of mediation is to help you, if possible, find common ground so this matter may be resolved (ending in an agreement), if you so choose. In this narrative mediation, we will be telling our stories and using those to create a new story that will help us come together against the conflict. 4. Develops Rapport with the Parties 6. Uses a Metaphor for Describing what Mediation is in Narrative Speech a. Think of this kind of mediation as if it were a window. There are two pieces to the window- the glass and the pane. While both are important neither one can stand alone against the storm, or the problem. We need to combine both the glass and the pane, or both or your stories, to complete the window, so it can stand against the storm. 7. Explain the Benefits of Mediation in Terms of Narrative Mediation NARRATIVE MEDIATION MODEL OUTLINE 3 a. The benefit of this type of mediation is that people generally tend to organize their experiences into story form automatically, so it should make it easier for us to hear and understand each other. 8. Definition of the Parameters of Confidentiality a. You have three basic rights and entitlements: 1. Confidentiality- I will keep everything in these meetings confidential unless I am required by law to report. These items would include anything related to abuse of a child, adult, or elder. 5. Statement of Impartiality and Neutrality a. 2. Neutrality- you are entitled to a neutral assistant through this process. I am here to be that for you. I don’t recognize any of you, however, if you recognize me please let me know because I want you to feel comfortable and believe I am a neutral party. I have no power and I cannot make any decisions in your matter. I am simply a mediator, here to assist you through your story telling. b. 3. Separate Sessions- you are also entitled to have mediation sessions separately from each other at another time if that is something that you wish. 9. Parties are allowed to seek legal advice a. I will not be giving you any legal, financial, and or other specialized advice. If you want or need such advice, you have agreed, by signing the Agreement to Mediate, to seek it from an appropriate resource of your choosing. 11. Mediator Avoids Making Assumptions about the Desired Outcomes 13. Preview the Session: What Should the Parties Expect a. What’s going to happen? We are all together in what is called the Joint Session. We will remain in the joint session until all stories are presented. This mediation will start off NARRATIVE MEDIATION MODEL OUTLINE 4 a little more structured, and as we go we can decide if we need to stick with more structure or start to relax a little bit. We may remain, after the opening statements, in joint session if you are okay with this or separate sessions may be called. b. If I meet with one party in a separate meeting, at the conclusion of that meeting, I will meet with the other party. At the conclusion of those meetings I will ask if there’s anything you wish for me to hold in confidence. Whatever you request I hold in confidence, it will be done. There may be a difference in time that I spend in a separate session with one person as opposed to the other. That does not mean I’m forming any favor and/or affection for one party over another. The reason for the time disparity is that it may take longer to say what I have to say with one as opposed to the other, or it may take you longer to say what you have to say to me than does the other. c. If you reach an agreement, settling some or all issues, it will be written up. If in fact, it does reflect your understanding(s) all will sign the original and I will make adequate copies for everyone and whoever (i.e. court or otherwise) might need one. Also, if this matter is in court and all issues are settled, the agreement usually resolves all the court’s concerns. We will discover the potential issues that we must face during the telling of your stories. b. Let’s discuss some ground rules for today. 1. We agree to take turns speaking and to try to not interrupt each other. 2. We will ask questions of each other for the purposes of gaining clarity and understanding and not as attacks. 3. We agree to listen respectfully and sincerely try to understand the other's needs and interests. NARRATIVE MEDIATION MODEL OUTLINE 4. We recognize that, even if we do not agree with it, each of us is entitled to our own story. 5. We will seek to avoid dwelling on things that did not work in the past, and instead focus on the future we want to create. 6. We agree to make a conscious, sincere effort to refrain from unproductive arguing, venting, and narration and agree to use our time in mediation to work toward what we perceive to be our most constructive agreement possible. 7. We will speak up if something is not working for us in the mediation. 8. While in mediation, we will refrain from furthering adversarial legal proceedings, except in the case of an emergency necessitating such action. 9. We will point out if we feel the mediator is not impartial as to person and neutral as to result. What changes, if any, would you like to make to these ground rules? Are there any you would like to add? 10. Answer Questions Posed by Party a. Does anyone have any questions or comments about what I have said so far? 12. Securing a Joint Commitment to Begin a. May we begin? II. Disarming Conflict & Discursive Listening with Each Party in Separate Sessions 1. Lets Each Party Speak and Share His/hers Narrative a. Now, we will begin by each having a turn to share our story in separate sessions. Margaret, since you advocated for this mediation session, would it be okay if you shared your story now? 5 NARRATIVE MEDIATION MODEL OUTLINE 6 b. Would it be okay if I ask more questions about your story? 2. Construct a Frame Around the Meaning of the Problem a. People mean many different things when they say the word trust, what does the word trust mean to you? How did the conflict begin in the first place? 3. Asks Questions of Reflection a. Can you help me understand how you came to consider this principle so important? What is it like, this not trusting? What does not trusting lead to? What does it look like in practice? What background stories have you drawn on in saying that? Have there been special people in your life who have taught you the meaning of trust? How does this theme fit into your own cultural background? Given the work you do, does trust have any special meanings that it would be good for us to be aware of? 4. Asks Entitlement Questions a. If you are feeling that your trust has been violated, on the basis of what principles do you make that judgement? Over what boundaries should someone not go if they want to maintain a feeling of trust, in your opinion? What ideas do you have about the origins of those boundaries? Do the same circumstances still apply as when those boundaries were first put in place? 5. Approach Issues from the Other’s Perspective Rather than Facts NARRATIVE MEDIATION MODEL OUTLINE 7 a. Address things by saying “Margaret feels…Robert feels” Instead of “this happened/ he/she said this happened” “The problem invited you to feel…because…” 6. Invites Parties to be Aware of their Words, Meanings, and Story they Share 7. Name the Dominant Discourse as you Hear it 8. Clarifies Information and Reframes when Necessary III. Externalizing Conversations 1. Asks Questions that Externalize Problem from the Person a. What effects would you say distrust and being taken for granted have had on your relationship in the last few months? What has betrayal done to the excitement you both shared when you first got married? What is the agitation doing to your work life? What effect have these consequences had on your general feelings of well-being and health? Your bodily health? Your mental health? Your relationship with others? “The person is not the problem, the problem is the problem” How did you both allow yourselves to start arguing like this? b. *Both of you described how this problem is affecting your lives negatively, and i 2. Speak about the Problem as if it were a Third Party a. “The Problem” 3. Validate Stories with Different Perspectives a. Both of you are right in your own story. This is the way that you are experiencing and living through the problem. This is how you feel about it. However, that means that each other’s stories are right too, because that is how the other person is experiencing the NARRATIVE MEDIATION MODEL OUTLINE 8 problem. Both of you are fighting the problem from your own side, so you are potentially experiencing it differently. 4. Maintains Neutrality 5. Explores Shared Interests and Individual Interests of the Parties a. Patrick and Margaret both are feeling (blank) as a result of the problem. Both want what’s best for their children? IV. Naming the Problem 1. Have a Deconstructive Conversation with each Party a. What would be your guess about how much blame is in charge of your views of each other? To what extent is blame stopping you from resolving your differences? How much are you in charge rather than letting blame have things its own way? 2. Focuses on Developing the Relationship 3. Builds on Stories of Respect and Collaboration 4. Focus on what is Best for the Group or Society Rather than Individuals a. Would you say that solving that issue is most important to you today? Out of all of the issues you have described to me, what do you feel would make the most impact in solving? 5. Promote a Preferred Storyline 6. Gives the Problem a Name a. We’ve talked about all these things that have happened and if you could sum them up, I’m just wondering what would you call those whole thing? If we were to think of a name to describe this problem, what would you call it? NARRATIVE MEDIATION MODEL OUTLINE 7. Seeks and Agreement Between the Parties a. Would you both agree that we can call this problem…” “ Great, from now on let’s refer to this problem as “..” so that we can work on tackling it together. V. Historicizing the Problem and Mapping the Influence 1. Locates the Problem in a Time Context a. From the invitation, you understand that we are addressing a conflict that you have gone through. For how long have you two been married? Before the given case, how often did you to get into arguments and were the children present during such engagements? What thoughts pop up when you picture your divorce and the child custody? Which other methods have you employed in the attempt to resolve your current conflict and what were the reasons behind failure of the strategies? 2. Focus on the Evolution and Impact of Conflict a. If it has been rather difficult for the children to lead quality lives and because of this separation do you feel that the behavior you are portraying before them is rather detrimental and devoid of any form of positive progress? Do you believe that the impact of the conflict is rather huge and has affected the relationship between you and your children? What theories or concepts of the discourses govern this child custody battle? 3. Evaluate the conflict Saturated Story a. The conflict saturated story is where the two parents are incapable of co-existing. 9 NARRATIVE MEDIATION MODEL OUTLINE 10 What would you consider as to how to respond or react to the impacts? How do you feel or what emotions do you get you’re your children misbehaving? When you think about staying away from your children? Does this bother you in your workplace? What attempts do you make to correct and curb your children’s confusion and disrespectful behavior? How do you address or handle yourself and others around you, like family? What is your main goal in this situation? Become the primary custody parent? Reconsider divorce and sort out things? 4. Allow Parties to See the Cost of Conflict a. For how long have the speculations existed and what culminated in them? How old were the children when you two started having disagreements? When is it that you as the wife started doubting infidelity on the side of your husband? 5. Dissemble Cultural Constructs a. I want you two to set aside some aspects of the conflict and concentrate on the effects that this conflict has had on your lives. Don’t you see that the effects have been rather worse? It is essential to note that the children have been the worst hit. It might not be visible from this moment here because you are focusing on yourselves but you should also focus on the kids too. 6. Maintains Neutrality/Impartiality NARRATIVE MEDIATION MODEL OUTLINE 11 a. The cultural construct to review here is the institution of marriage. When two people get married, it is essential for them to respect the institution and work as effectively as possible to ensure the maintenance of the marriage. Moreover, when they get children they are advised to at least maintain the relationship as much as possible. 7. Spends Equal Time with Both Parties a. As a mediator, I am very keen on the institution of marriage especially where the children are involved and this is because my community does not condone any form of behavior that might lead to the children getting hurt. Children are respected in my culture because they are the ones that increase the bond between the man and women especially when in a relationship. 8. Effectively Responds to Emotions 9. The Relationship Between the Two Parties Be ...
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