Fundamental MEDIATION AS A METHOD OF ALTERNATIVE DISPUTE RESOLUTION Department of Labor National Professional Developme

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Option Dispute Resolution (ADR). Option Dispute Resolution (ADR). ADR utilizes an assortment of deliberate strategies to determine question as opposed to conventional antagonistic routines, similar to prosecution.. ADR Techniques. MediationFacilitationFact FindingEarly Neutral EvaluationOmbudsmenSettlement ConferencesMini TrialsPeer ReviewCombination of Techniques.

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Fundamental MEDIATION AS A METHOD OF ALTERNATIVE DISPUTE RESOLUTION Department of Labor National Professional Development Forum September 13, 2007 Presenters: Vern Best – ( vern.best@eeoc.gov ) Veta Hurst – ( veta.hurst@eeoc.gov )

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Alternative Dispute Resolution (ADR)

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Alternative Dispute Resolution (ADR) ADR utilizes an assortment of willful strategies to determine question instead of customary ill-disposed techniques, similar to case.

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ADR Techniques Mediation Facilitation Fact Finding Early Neutral Evaluation Ombudsmen Settlement Conferences Mini Trials Peer Review Combination of Techniques

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Alternative Dispute Resolution (ADR) EEOC's directions oblige offices to set up or make accessible an ADR program for both: The pre-grievance prepare; and The formal objection handle.

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Core Principles of ADR Voluntary Neutral Confidential Enforceable

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Core Principles of ADR Voluntary Both sides must consent to take an interest in ADR. A settlement understanding must be adequate to both sides. The gatherings may end ADR whenever.

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Core Principles of ADR Neutral A goal, fair outsider who has been prepared in ADR systems and EEO law. The unbiased has no energy to choose the question.

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Core Principles of ADR Confidential Confidentiality in any ADR continuing must be kept up by the gatherings and the nonpartisan. The terms of the settlement understanding won't be secret unless the assention contains a privacy arrangement.

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Core Principles of ADR Enforceable The settlement understanding must be in composing and marked by both sides. Settlement understandings are enforceable by the EEOC.

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Mediation Defined Mediation is a procedure in which an unbiased outsider helps disputants in finding a commonly satisfactory answer for their question. Intervention is both deliberate and private .

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Third Party Assistance Mediator as a Facilitator of Process Mediator as Neutral No stake in result No position on issues

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Mutually Acceptable Solution What might fulfill the gatherings? In what capacity can their necessities be met?

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The Process is Voluntary No commitment to intercede. No commitment to achieve an understanding.

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Confidentiality Parties consent to privacy arrangements. Why is classification so vital? Middle person bound by classification.

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Desire to keep away from unfriendly point of reference. No compelling reason to set up point of reference. Need to stay away from exposure or requirement for classification or protection. Covet for quick determination; need to evade delay. Need to safeguard proceeding with relationship. Acknowledgment that feelings or dangers may bar a settlement. Craving to limit danger of forced result. Need to lessen high cost of prosecution. Presence of insurance issues that may upgrade determination in an intercession discussion. Components Favoring Mediation

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Position Based versus Interests Based

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Position versus Interests A Definition POSITIONS are what a gathering feels, accepts or needs. They are proposed answers for the gathering's issues. INTERESTS are the reason a gathering feels, accepts or needs a specific thing. They portray what is essential about the issue. They could possibly have arrangements yet, however they are interested in potential outcomes.

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Questions to Determine a Party's Interests What is vital to you about this issue/this activity/this gathering? What disturbs you about this circumstance? How does the other party/the activity influence you? Would you be able to clarify why this issue/activity implies such a great amount to you?

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Stages of Mediation

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Stages of Mediation Stage I Pre-Mediation & Opening the Session Stage II Identification of Issues Stage III Generating Options and Problem-Solving Stage IV Agreement Writing and Post-Mediation

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Stage I "Setting the Tone" This is the most essential stage in the intercession procedure. It furnishes you with the chance to make a decent "early introduction." How the mediator(s) performs amid this stage will affect either decidedly or adversely on the rest of the intercession procedure.

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Stage II Identification of Issues With middle person's help, gatherings will:  Identify issues in their debate  Express their perspectives and points of view  Identify territories of assention and contradiction on the issues  Identify shared opinion Note: this stage does exclude achieving understanding or choosing choices to determine question.

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Elements of Stage II Joint Session In opening, middle person will:  Explain what will occur at Stage II  Remind parties they will have time to show their perspectives  Establish standard procedures

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Mediation Ground Rules Established by arbiter Whoever is talking has floor, no interferences Take notes and bring point up later Any gathering can stop prepare for break whenever or ask for a council Negotiate in accordance with some basic honesty; our shared objective is to determine question Listen Follow guidelines and heading of go between Other standard procedures asked for by gatherings Ask gatherings to resolve to guidelines

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Elements of Stage II Joint Session (proceeded with) Complainant presents sees Mediator rewords what s/he heard complainant say Respondent/Agency presents sees Mediator summarizes what s/he heard Respondent/Agency say Mediator requests that gatherings "include or clear up, not react" Continue forward and backward until gatherings feel they have communicated their perspectives Mediator condenses shared opinion

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Elements of Stage II Individual Sessions Individual Caucuses with each gathering Agenda setting for new Joint Session; What can be imparted to other gathering?

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Elements of Stage II Joint Session Return to Joint Session Repeat Elements of Stage II as required

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Caucuses Used by arbiter to: Gain control of intercession Allow gathering to vent or share data Ensure party listened/comprehended information disclosed Move past impasse Provide an open door for each gathering to investigate qualities/shortcomings of case

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Caucuses (proceeded with) Used by middle person to: Provide an open door for gathering to investigate qualities/shortcomings of other gathering's case Find out additional on gathering's interests Reinforce secrecy Encourage data sharing Set plan for next joint session Identify data that can be partaken in joint sessions

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Validation Mediator recognizes gathering's perspectives and sentiments on the issue, while staying unbiased. "I comprehend you feel hurt and surprise about… " "I comprehend your emotions in this matter." "I can relate to your worries about what happened."

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Open-Ended Questions To encourage discourse, the middle person asks open-finished inquiries. "Help me comprehend what you implied by… " "Would you be able to be more particular?" "What do you mean by that?" "What's essential to you?" "Why is that imperative to you?"

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Paraphrasing is basic to the intercession procedure. Middle person re-states information disclosed in his/her own words Not verbatim, rather give a shorthand outline which incorporates all-focuses made Ensures everybody heard what party proposed to pass on Parties may right go between's summarizing

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Paraphrasing (proceeded with) Builds trust, shows go between was tuning in and comprehended information exchanged Coming from impartial arbiter, encourages understanding by other gathering Provides "breather" as gatherings backpedal and forward communicating sees

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Stage III Generating Options & Problem-Solving

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Generating Options In individual sessions illuminate what are the gatherings' main concern. Middle person may offer an answer not as an answer, but rather as a thought to consider. Ask parties "consider the possibility that" questions.

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Generating Options Brain Storming Techniques May be utilized by the gatherings to create alternatives. The gatherings toss out thoughts. After the thoughts are on the table, the gatherings talk about. Ideally this examination of thoughts will prompt to an understanding.

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Generating Options Reality Testing Technique utilized by the Mediator to help the individual party in assessing the common sense and practicality of their objectives. Middle person enters evaluative mode. Examine quality and shortcoming of individual Party's case. Criticism Validate what party communicated through utilization of verbal or non-verbal reaction. Summarize re-state what party said in your own words.

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Stage IV Agreement Writing & Post-Mediation

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Basic Mediation Skills for Federal Agencies www.eeoc.gov www.eeotraining.eeoc.gov

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