What’s In A Question? The Art and Science of Inquiry in Mediation Tracey Cairnie and John Settle.

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What’s In A What’s In A Question? Question? The Art and Science of The Art and Science of Inquiry in Mediation Inquiry in Mediation Tracey Cairnie and John Settle Tracey Cairnie and John Settle

Transcript of What’s In A Question? The Art and Science of Inquiry in Mediation Tracey Cairnie and John Settle.

What’s In A Question?What’s In A Question?

The Art and Science of Inquiry in The Art and Science of Inquiry in Mediation Mediation

Tracey Cairnie and John SettleTracey Cairnie and John Settle

Reasons to Ask Reasons to Ask QuestionsQuestions

• Gather InformationGather Information

• Learn, teach & Learn, teach & reflectreflect

• Challenge Challenge assumptionsassumptions

• Negotiate & resolve Negotiate & resolve conflictsconflicts

• Take charge & focus Take charge & focus attentionattention

• Catalyze productive Catalyze productive & accountable & accountable conversation & conversation & actionaction

• Build & maintain Build & maintain relationshipsrelationships

• Think clearly, Think clearly, critically & critically & strategicallystrategically

• Solve problems & Solve problems & make decisionsmake decisions

• Set & accomplish Set & accomplish goalsgoals

• Create & Innovate – Create & Innovate – open new open new possibilitiespossibilities

The Basics & BeyondThe Basics & Beyond

““The solution [our] clients seek lies The solution [our] clients seek lies behind the door which could behind the door which could remain forever closed unless remain forever closed unless

opened by the right question…”opened by the right question…”----The Art of the QuestionThe Art of the Question, Marilee C. Goldberg, Ph.D, Marilee C. Goldberg, Ph.D. .

Socratic Questioning & Socratic Questioning & Dialogue: PurposesDialogue: Purposes

Fostering awakening and curiosityFostering awakening and curiosity

Helping to deconstruct Helping to deconstruct assumptionsassumptions

Fostering discovery and creativityFostering discovery and creativity

-- A Safe Place for Dangerous Truths, -- A Safe Place for Dangerous Truths, Annette SimmonsAnnette Simmons

Beware !Beware !““By asking what seemed to be innocent questions, By asking what seemed to be innocent questions,

Franklin would draw people into making Franklin would draw people into making concessions that would gradually prove whatever concessions that would gradually prove whatever point he was trying to assert. ‘I found this method point he was trying to assert. ‘I found this method the safest for myself and very embarrassing to the safest for myself and very embarrassing to those against whom I used it; therefore I took a those against whom I used it; therefore I took a delight in it’ . . . . [Franklin used his Socratic delight in it’ . . . . [Franklin used his Socratic method] to tailor for himself a persona that was method] to tailor for himself a persona that was less contentious and confrontational, which made less contentious and confrontational, which made him seem endearing and charming . . . or, to a him seem endearing and charming . . . or, to a small but vocal cadre of enemies, manipulative small but vocal cadre of enemies, manipulative and conniving.”and conniving.”

-- -- Benjamin Franklin – An American Life, Benjamin Franklin – An American Life, Walter Isaacson, pg. 27Walter Isaacson, pg. 27

8 Guiding Principles8 Guiding Principles1.1. Customize for contextCustomize for context

2.2. Create inviting questions (relevant, Create inviting questions (relevant, challenging, honest)challenging, honest)

3.3. Clarify assumptionsClarify assumptions

4.4. Ask with sensitivityAsk with sensitivity

5.5. Pay attention to risk & anxietyPay attention to risk & anxiety

6.6. Maintain participant/observer stanceMaintain participant/observer stance

7.7. Consider “why” questions carefullyConsider “why” questions carefully

8.8. If in doubt, check it outIf in doubt, check it out

-- Making Questions Work, -- Making Questions Work, Boulle et al. Boulle et al.

Types of Open-ended Types of Open-ended QuestionsQuestions

Explorative questionsExplorative questions – opens new avenues/insights – opens new avenues/insights (Have you explored or thought of….?)(Have you explored or thought of….?)

Affective questions Affective questions – invites clients to share – invites clients to share feelings about an issue (How do you feel about leaving feelings about an issue (How do you feel about leaving your job?)your job?)

Reflective questions Reflective questions – encourages more – encourages more exploration/elaboration (You said …., what do you exploration/elaboration (You said …., what do you think causes….) think causes….)

Probing questions Probing questions - invite clients to go more deeply - invite clients to go more deeply into a particular issue (describe…, explain… clarify…, into a particular issue (describe…, explain… clarify…, elaborate, expand on…)elaborate, expand on…)

Types of Open-ended Types of Open-ended QuestionsQuestions

Fresh questions Fresh questions – challenges basic – challenges basic assumptions (What do you always… Has this assumptions (What do you always… Has this ever been tried? How can this be different?)ever been tried? How can this be different?)

Questions that create connections Questions that create connections – – establish system perspective (What are the establish system perspective (What are the consequences of these actions)consequences of these actions)

Analytical questions Analytical questions – examine cause & – examine cause & effects not just symptoms (Why has this effects not just symptoms (Why has this happened?)happened?)

Clarifying questions Clarifying questions – help free us from – help free us from ambiguity (What specifically do you mean?)ambiguity (What specifically do you mean?)

Questioning in Narrative Mediation

To help deconstruct peoples’ story-telling To help deconstruct peoples’ story-telling assumptions and styles, and their personal assumptions and styles, and their personal experiences and cultural contextsexperiences and cultural contexts

To help recognize the multiple story lines To help recognize the multiple story lines that people often are part ofthat people often are part of

To help To help externalizeexternalize the conversation to the the conversation to the situation rather than the people themselvessituation rather than the people themselves

To access alternative, positive “stories of To access alternative, positive “stories of hope”hope”

-- -- Practicing Narrative Mediation, Practicing Narrative Mediation, Winslade/MonkWinslade/Monk

Prompting NarrativesPrompting Narratives"What might we call this thing that we are "What might we call this thing that we are

dealing with --  a disagreement?  a roadblock? dealing with --  a disagreement?  a roadblock?  or something else -- what would you call it?"  or something else -- what would you call it?"

"You've mentioned the workplace here as like a "You've mentioned the workplace here as like a 'family.'  Does the word 'family' suggest some 'family.'  Does the word 'family' suggest some values about how you view your work that are values about how you view your work that are important to you?  Tell me about that . . . ." important to you?  Tell me about that . . . ."

"You described what brought us here as 'unfair." "You described what brought us here as 'unfair."  Can you tell me a little more about what  Can you tell me a little more about what 'fairness' and 'unfairness' look like to you -- for 'fairness' and 'unfairness' look like to you -- for example, can you describe a situation you've example, can you describe a situation you've been in before that shows what you mean by been in before that shows what you mean by 'fair?' " 'fair?' "

Questions Related to Questions Related to “Choice Theory” “Choice Theory” (William (William

Glasser)Glasser)

““What do you want? What have What do you want? What have you done (or what are you you done (or what are you

doing) to get it? Is that doing) to get it? Is that working? If not, what might working? If not, what might

you do differently?”you do differently?”

-- -- Making Money Talk, Making Money Talk, J. Anderson LittleJ. Anderson Little

Mediator as ActorMediator as Actor

““The mediator, like an actor, is totally The mediator, like an actor, is totally involved with the dramatic involved with the dramatic

environment – intellectually, physically, environment – intellectually, physically, and emotionally or intuitively. The and emotionally or intuitively. The mediator needs a great comedian’s mediator needs a great comedian’s

sense of timing, and stage presence to sense of timing, and stage presence to congeal dramatic moments that shift congeal dramatic moments that shift

the focus of the parties ….”the focus of the parties ….”

----Managing the Natural Energy of ConflictManaging the Natural Energy of Conflict, Robert Benjamin, Robert Benjamin

Notice how others Notice how others respond to your respond to your

questionquestion

for example: look of surprise, fear, body for example: look of surprise, fear, body tensing, angry retort, silence…tensing, angry retort, silence…

““The words that we The words that we choose to use are choose to use are

metaphors for concepts metaphors for concepts that define our attitudes, that define our attitudes,

behavior, structure & behavior, structure & concepts“ concepts“

-- Leading with Questions, Michael Marquardt-- Leading with Questions, Michael Marquardt

Opening QuestionsOpening QuestionsWhat are the Embedded AssumptionsWhat are the Embedded Assumptions

How can I help you?How can I help you?

What is the problem?What is the problem?

What brings you here?What brings you here?

What are your concerns today?What are your concerns today?

What do you want to achieve in mediation? What do you want to achieve in mediation?

How do you think we should go about How do you think we should go about resolving the problems? resolving the problems?

Opening QuestionsOpening QuestionsIdentify Embedded AssumptionsIdentify Embedded Assumptions

What is your hope for what might come of our session today?

What decisions need to be made today? What decisions need to be made today?

What are the history & facts in this What are the history & facts in this situation as you see them? situation as you see them?

Tell me what happened & what effect it Tell me what happened & what effect it had on you? had on you? -- Mediation Skills & Technique , Laurence Boulle, et al, -- Mediation Skills & Technique , Laurence Boulle, et al,

pg. 77pg. 77--The Art of the Question, Marilee Goldberg, pg. 46--The Art of the Question, Marilee Goldberg, pg. 46

• What’s wrong?What’s wrong?• Who’s to Who’s to

blame?blame?• How can I prove How can I prove

I’m right?I’m right?• How can I be in How can I be in

controlcontrol• Why bother? Why bother?

• What’s wrong?What’s wrong?• Who’s to Who’s to

blame?blame?• How can I prove How can I prove

I’m right?I’m right?• How can I be in How can I be in

controlcontrol• Why bother? Why bother?

• What works?What works?• What am I What am I

responsible for?responsible for?• What are the What are the

facts?facts?• What are my What are my

choices?choices?• What’s possible?What’s possible?

• What works?What works?• What am I What am I

responsible for?responsible for?• What are the What are the

facts?facts?• What are my What are my

choices?choices?• What’s possible?What’s possible?

JudgerJudger LearnerLearner

-- Change Your Question, Change Your Life-- Change Your Question, Change Your Life, , Marilee AdamsMarilee Adams

Switching QuestionsSwitching QuestionsSwitching QuestionsSwitching Questions

• Where would you rather be?Where would you rather be?

• How can you get there?How can you get there?

• What are the facts?What are the facts?

• How else can you think about this?How else can you think about this?

• What assumptions are you What assumptions are you making?making?

• Is this what you want to feel?Is this what you want to feel?

• Where would you rather be?Where would you rather be?

• How can you get there?How can you get there?

• What are the facts?What are the facts?

• How else can you think about this?How else can you think about this?

• What assumptions are you What assumptions are you making?making?

• Is this what you want to feel?Is this what you want to feel?

-- Change Your Question, Change Your Life-- Change Your Question, Change Your Life, Marilee Adams, Marilee Adams

Tracey Cairnie Tracey Cairnie ([email protected])([email protected])

John SettleJohn Settle ([email protected])([email protected])

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