MEDIATION THEORY AND PRACTICE

As the disputants tell their stories, the mediator also listens for what the two individu­ als have in common. At strategic points, the mediator will reveal these commonalities to the disputants-trying to stimulate a mutual bond or a motivation to resolve the problem together. In the case of Reymundo and Noah, each claimed that he wanted to be effective at work and treat the other person fairly. Their recognition of this commonality of purpose allowed the mediator to bring the two employees to a place where they could problem solve around the issue of effective workplace communication.

Mediators also work to enable the disputants to hear each other’s concerns and to create a level of understanding even though they may still disagree about the facts. By focusing on the interests of the disputants (their underlying needs), mediators help them gain perspec­ tive from the other’s point of view. People experiencing conflict often are so caught up in their emotions that they stop listening and literally cannot understand others’ feelings or be open to a different point of view. A mediator works to frame one person’s story into words that are less threatening and, thereby, easier to listen to (but always being cautious to avoid appearing to take sides). Chapter 7 details skills and mediator choices during storytelling, issue identification, and establishment of commonalities.

Agenda Building In the balanced mediation model, we highlight setting an agenda as a separate phase.

Experienced mediators may be successful intermixing storytelling and issue identification with negotiation activities. Novice mediators need to learn to distinguish between the skills of fact-finding and the skills of negotiation, as well as mastering how to set an agenda. The mediator’s frame for the agenda links the two disputants together in searching for an outcome that is acceptable to each party. For example, a mediator might say, “From what I have heard thus far, what the two of you say you need is to find is a solution that enables Reymundo to meet his responsibilities as a manager while honoring the friend­ ship the two of you have.”