Preliminary interview to mediation: the mediator commits himself

From WikiMediation

Jump to: navigation, search

To lead an interview is a skill of mediator. Surely it is even one of the key skills of a mediator, which should enable him to unlock a situation. The mediator must know how to structure the conduct of interviews and the facilitation of meetings.


[edit] Initiate a Mediation

Mediation rarely begins with an interview focused on the subject of the dispute. Indeed, the parties are most of the time received separately to enable the mediator to define with them:

  • What they know about mediation;
  • What they expect from mediation;
  • The position of the mediator;
  • The fees of mediation;
  • The organization of the mediation;
  • The identification of real constraints and imaginary constraints - proceedings in progress, blocking position, tutelary environment...

[edit] Objective of the Interview

In short, the first interview inevitably deals with what we professionally define as:

  • Communication rules;
  • Functioning rules.

To lead his interview, the mediator can base his process on an aporetic mode.

It may be useful that this first interview was "framed" by a writing that will help each party to think about the mediator's position and his own position.

Thus, if so, which writing should be let? Should it be signed?

Within business relations or between economic or organizational partners, a writing on the preliminary interview can "fix the framework".

[edit] Some Rhetorical Techniques

It is common for a non-professional mediator to begin their interview by defining mediation, as if their interlocutors need to know that they came into mediation to be accompanied in the resolution of their dispute. This introduction can be discouraging. A professional mediator does not tell what he is going to do: he just does. While he does, he collects information...

For example, he can launch an exchange regarding the issue with the tone and presence that does not question, judge, etc.:

  • You could tell me what you expect... precisely ... from this mediation...
  • ... The party expresses himself in terms of an outcome
  • ... The mediator frames if the party gets lost into considerations that lead the interview away from the research of a result.

By doing so, through the response of his interlocutor, the mediator must be capable to identify three kinds of information:

  • Expectations, desires, needs, wishes...;
  • The definition of mediation that is declared, implied or involved in the statements of the party;
  • The solution that the party considers that must or should be imposed to the other party...

No need to intervene as a professional of mediation to give a mediation lesson. After identifying the elements in question, the mediator restores them in view to structure the thoughts of his interlocutor. Indeed the mediator's work is precisely to accompany the structuring of the reflection of a person in conflict, not to inform this person about another topic - in this case about mediation itself.

The mediator must know how to identify the implications of how the person has imagined the mediator's intervention. He must know how to restore it through the rigor of an effective reformulation and not by an egocentric reformulation like the terrible "if I well understood" which is so egocentric that it does not present any attention to the interlocutor.

According to you, mediation consists... What you expect from mediation is... The solution to your dispute, it would be... According to you, my role is...

With this precision, the mediator can reformulate the information and if necessary adjust them.

What emerges from this practice is the necessary recognition of the person who is here to be accompanied.

[edit] The Commitment of The Mediator

The mediator takes a commitment based on his skills and the Code of Ethics and Deontology of Mediation. Even though he cannot promise a result, he can engage his involvement in the accompaniment. He commits himself with the parties to take action in order to ensure the respect of the relational rules that the parties have defined with him.

Personal tools
WikiMediation Partners
In other languages