Date post: | 21-Jan-2015 |
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Politics of CooperationPolitics of CooperationThis workshop will focus on moving from "position to interest" to help persons in conflict reach that elusive win/win.
Gary Direnfeld, MSW, RSWwww.yoursocialworker.com
Agenda – Agenda – Oh yes, there is always an Oh yes, there is always an agenda…agenda…
Who’s who?What are we really talking about?What’s involved?How do we do it?What’s it like?What did we learn?
Goal: This workshop will improve participants mediation skills by developing their ability to move clients from their respective positions to common interests.
www.yoursocialworker.com
What we are really talking What we are really talking about is mediation…about is mediation…
A process for achieving resolution between parties subject to a dispute with the aid of an impartial/neutral third party, where the third party has no authority to impose a resolution and where the parties subject to the dispute accept the resolution voluntarily.
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Types of MediationTypes of Mediation
TransformativeEvaluativeFacilitative/Interest Based
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TransformativeTransformative
Empowerment and mutual recognition over resolution
Settlement is less the goal than the parties recognizing one and other’s needs and issues.
Theoretically or paradoxically, settlement may thus occur when not the focus.
(Sounds Rogerian in design)
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EvaluativeEvaluative
Respective positions are heard and assessed by mediator who then advises on likely outcomes with the view of reaching a settlement.
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Facilitative/Interest BasedFacilitative/Interest Based
Seeks a mutually acceptable outcomeMay provide adviceActive listening importantSelf-determination important Meeting mutual interests over exclusive
positions is key
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Safety FirstSafety First
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Domestic ViolenceDomestic Violence
Can a party who is scared or intimidated or threatened negotiate or be said to enjoy self-determination?
Screening for domestic violence and power imbalances…
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Setting Ground RulesSetting Ground Rules
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Ground Rules:Ground Rules:
Role of the mediatorReasonable/respectable tone.Appropriate languageAppropriate behaviourStop when askedBreaksCaucusRefreshments
You are in charge of your life.I am in charge of the mediation process!
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Mediator’s RoleMediator’s Role Helping parties communicate better by detoxifying their language
with each other
Assisting parties to identify separate and mutual interests
Helping parties investigate what is really important behind a particular demand or position
Probing for specific information that might help explain or otherwise analyze a demand
Help parties determine what will be gained by reaching an agreement
Keeps the process moving and manages impasses
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PrinciplesPrinciples
Focuses on issues; not personalitiesFocuses on interests; not positionsCreates options to satisfy both mutual and
separate interestsEvaluates options according to standards; not
power
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AssumptionsAssumptions
Communication enhances relationshipsAll parties receive benefitsEach party should help the otherOpen discussion expands interests and optionsStandards replace powerAnger / frustration / anxiety is defused
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StepsSteps
1. Identify the issue
2. Discuss all interests
3. Generate options
4. Select standards to evaluate options
5. Evaluate options using standards
6. Develop solution and capture in writing
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Managing Impasse Managing Impasse oror How To How To Motivate MovementMotivate Movement
BreaksCaucusObtain more informationSlow the process downConsultation (bring in the tribal elder)What if?
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What the #*&@!What the #*&@!
BATNA◦ Best alternative to a negotiated agreement
WATNA◦ Worst alternative to a negotiated alternative
MLANTA◦ Most likely alternative to a negotiated alternative
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Position vs. InterestPosition vs. InterestSo what’s the difference?So what’s the difference?
There was once only one orange left in a kitchen and two prominent chefs were fighting over it.
"I need that orange !" "Yes, but I need that orange as well !"
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Position vs. InterestPosition vs. InterestSo what’s the difference?So what’s the difference?
Time was running out and they both needed an orange to finish their particular recipes for the President's dinner. They decided on a compromise: they grabbed one of the large kitchen knives that was lying around, split the orange in half, and each went to his corner to finish preparing his meal.
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Position vs. InterestPosition vs. InterestSo what’s the difference?So what’s the difference?
One chef squeezed the juice from the orange and poured it into the special sauce he was making. It wasn't quite enough, but it would have to do. The other grated the peel and stirred the scrapings into the batter for his famous cake. He too didn't have as much as he would have liked, but given the situation, what else could he have done ?
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Position vs. InterestPosition vs. InterestSo what’s the difference?So what’s the difference?
The better solution may seem obvious to you now: both chefs would have been better off if they had peeled the orange and had simply taken the part they needed. Instead, the chefs had focused on each other's position (the what) and not on each other's interest (the why).
http://web.mit.edu/negotiation/www/NBivsp.html
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Compromise vs. PrioritizeCompromise vs. Prioritize: : What’s the difference in negotiations?What’s the difference in negotiations?
Compromise◦ Lose to win◦ Give something up◦ Feel like you’ve lost
something
Prioritize◦ Play to what’s important◦ Not giving anything up◦ Feel accomplished
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Role PlayRole Play
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Lessons Learned?Lessons Learned?
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Agenda – Agenda – Oh yes, there is always an Oh yes, there is always an agenda…agenda…
Who’s who?What are we really talking about?What’s involved?How do we do it?What’s it like?How did it work?What did you learn?
Goal: This workshop will improve participants mediation skills by developing their ability to move clients from their respective positions to common interests.
www.yoursocialworker.com
Politics of CooperationPolitics of CooperationThis workshop will focus on moving from "position to interest" to help persons in conflict reach that elusive win/win.
Gary Direnfeld, MSW, RSWwww.yoursocialworker.com