Mediating Skills - ADR

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Professional ADR Flashcards on Mediating Skills - ADR, created by galyna on 06/07/2015.
galyna
Flashcards by galyna, updated more than 1 year ago
galyna
Created by galyna over 9 years ago
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MEDIATING SKILLS self-awareness as a mediator, it is important to be self aware – cultivating an ongoing awareness and inquiry of how you normally respond to conflict - being aware of your triggers and your automated responses to conflict and noticing when they are present in mediation situations - being aware of their own approach to negotiations and the style in which they approach mediations (what they expect their role to be)
Mediators refine the skill of emotional intelligence. it includes 4 key components: - self awareness - self management (knowing your natural reactions and controlling them appropriately) - social awareness (being aware of other peoples emotions, reading body language), - relationship management (Managing the emotions of other people to improve relationships)
retrospective reflection Following mediation a mediator should reflect on what worked and what did not in order to stay aware and improve skills
Convergent thinking - an analytical thinking skill that lets you assess what is actually going on – it is rational and logical thinking – questioning skills are an example
Divergent thinking - the ability to think outside the box to come up with a wide range of solutions – it is a creative process
Brainstorming - freely speaking ideas that come to mind (even if they aren’t practical) - without fear of criticism - with a goal of gathering as many ideas as possible and - building upon each other's ideas
Thought patterns or thinking processes - Logical thinking – fact based without emotion - Intuitive thinking – following a gut feeling - Critical thinking – evaluation of ideas - Positive thinking – encouragement - Creative thinking – the ability to brainstorm - Process thinking – the ability to see the big picture and control the process
Logical thinking - white hat – fact based without emotion - can help curb excessive emotions - useful before the brainstorming when sharing the information - it is used when parties have too much negative emotions
Intuitive thinking - red hat – following a gut feeling/ emotions - used after the brainstorming can help determine how acceptable the elements of the agreement may be
Critical thinking - black hat - evaluation of ideas - looks at flaws in a problem - looks for weaknesses in a suggestion or idea - should not enter the brainstorming phase -should be used in a post-brainstorming phase - helps to make the elmenets of the agreement tougher and resilient
Positive thinking - yellow hat – encouragement - optimism - used in early stages of the mediation - works in tandem with a black hat when deciding on final agreement
Creative thinking - green hat - the ability to brainstorm - process manager - controls a process
Process thinking - blue hat – the ability to see the big picture - control the process
expanding the pie creating new benefits for parties in a negotiation
2 basic steps of generating options - inventing options - deciding on them
practical guidelines to help parties brainstorm 4pts 1. seat the participants side by side 2. clarify the ground rules (including "no-criticism") 3. brainstorm 4, record the ideas in full view of parties
understanding personal conflict style - it is important because it will influence what you encourage your client to do - what focus of your session is
understanding your negotiation style will help you recognize your strengths and make the most of your negotiating sessions
Rahim's 5 negotiation styles - avoiding - accomodationg - compromising - competing - collaborating
emotional intelligence - the ability to understand your own emotions and the emotions of others
social awareness - the ability to pick up on others' emotions - to recognize emotional cues, verbal, non-verbal
relationship management - to manages others' emotions in such a way as to improve the relationships
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