Mediation - principles and ethics
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Transcript of Mediation - principles and ethics
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
SpasibaSpasibaQuestions and Discussions