Mediation - principles and Mediation - principles and ethicsethics

Dr Pascal da Rocha, UN Women

ObjectivesObjectives

Understanding of mediation principles

Appreciation of dispute resolution tools

Awareness of mediation issues

PedagogyPedagogy7 working groups with 5 people each

Resource people will serve as observers and assistance

Within the groups, discuss and brainstorm freely

Each group has one leader, one presenter and one time-keeper

Please keep the time to ease discussions

Pin your results on flip chart for knowledge sharing

Each exercise will end with debriefs and question time

What is mediation?What is mediation?

• under the invitation of the parties to a conflict• parties accept the intervention of the third party• appropriate when the parties have an uneven power balance• when the parties want to reach a joint agreement• parties desire to resolve the dispute is high• parties have the ability to reward or harm each other• Some external pressure to resolve dispute• verbal, interactive process

Why mediate?Why mediate?

• Parties have greater control of agreement• Personal empowerment for all parties• Preservation of ongoing relationship• Termination of relationship amicably• Workable and implementable timelines and

decisions• Agreements and decisions are not mere

compromises, they hold over time.

ExerciseExercise

Split into groups of 5

Agree on team leader, presenter and time keeper

Task: discuss and share a definition of mediation

Write your definition of mediation onto flipchart paper

12 mins in total

DefinitionDefinition

– Mediation is the intervention into a dispute or negotiation by an acceptable, impartial and neutral third party who has no authoritative decision making power. This person assists contending parties to voluntarily reach their own mutually acceptable agreement.

ExerciseExerciseThere are 4 other conflict management methods: negotiation, conciliation, arbitration, litigation

Work in groups and discuss what defines these methods and what distinguishes them from mediation

Once you have discussed 4 methods, kindly attempt to find a definition for each alternative dispute resolution method

15 mins max and then report back in the plenary

Mediation vs ?Mediation vs ?Negotiation: solution to a specific issue in the form of a compromise

Conciliation: conflict management with specific results (from Latin: conciliate - to unify)

Arbitration/litigation: judgement and authority over a particular issue deferred to a decision-making body

Mediation: consensual mode of conflict regulation with the sole aim to open new channels of communication

Role of a mediator?Role of a mediator?• The opener of communication channels• The convener• The legitimizer• The process facilitator• The trainer• The resource expander• The problem explorer• The agent of reality• The scapegoat• The leader

Principles & EthicsPrinciples & Ethics

Voluntary & consensual

Confidential & principled

Power & bias (impartiality and neutrality)

SummarySummary

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