Creative Dispute Mediation

Approach to Mediation

Mediation is facilitated negotiation. The mediator controls the process. The participants jointly control the outcome.

All participants are encouraged to apply their creativity and work together as a problem solving team, rather than as adversaries.

Throughout the mediation process, I encourage everyone to pay close attention to the five core concerns described below.[1] 

• Appreciation - acknowledging that the thoughts, feelings and actions of others have merit. This does not require agreement, only respect.
• Affiliation - treating others as colleagues rather than as adversaries.
  
• Autonomy - respecting the freedom of others to decide important matters.
• Status - the standing of others is given full recognition where deserved.
• Role - one that is chosen to be fulfilling, not one that requires acting or pretense.

As the negotiation progresses, it is helpful to ensure that these concerns are respected. A way of accomplishing that is to ask yourself questions such as:

"Does the offer I'm receiving satisfy my five core concerns?" and "Does my offer and the manner in which I deliver it show that I wish to respect their five concerns?"

[1] From Beyond Reason - Using Emotions as You Negotiate, Roger Fisher and Daniel Shapiro