WEBVTT

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I give them a cure with a fresh new album. Yo,

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welcome back everybody. This is your host, Neogentrics.

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And this is Food for Thought, thoughts if it

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were you. It's another typical day, a brand new

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Tuesday, if you will, at 3 in the morning as

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I'm recording this. We've been covering a lot

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of different topics, issues, and such over the

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last couple of years. And like I did promise,

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I said I was going to come back with a vengeance

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and record even more and give you guys the content

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that you so rightly deserve. and or need there's

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a lot of topics i'm going to cover but we're

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going to keep going through all the mediocre

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and major type skills that while everyone nowadays

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thinks is common sense most of it isn't and a

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lot of people don't know about it or they need

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to know about it so sit back relax today's topic

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is mediation skills last time we covered this

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in a little bit of detail regarding other topics

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but today we're going to focus a little bit more

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on it as it is currently relevant. Now as you

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already know mediation is the involvement of

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an impartial third party to support and help

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those involved in a conflict as well as find

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some type of resolution to whatever the said

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problem is. The key difference here being that

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between negotiation and mediation there's a little

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bit of negotiation as I've mentioned before.

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The parties involved have to work out their own

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agreement. And the whole point of a mediator

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is so that they don't have to submit to one side

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or the other. They're a neutral third party.

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Okay. And they came to basically help out with

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the agreement. That's what a mediator is. Okay.

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Mediation, whether it's formal or informal, as

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I mentioned before, can also very often more

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than not solve conflicts that have gone awry.

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And help begin the first stage of negotiation.

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So we're going to focus in on that. And then

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we're going to zone in next time on peer negotiation.

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So today we're going to, I'm sorry, peer mediation,

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which is a little bit different. But we're going

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to just focus on the main topic today of just

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mediation skills. All right. With that being

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said. I want to go ahead and point out the characteristics

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of mediation, okay? The key aspect of mediation

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is that the mediator does not, and I repeat,

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does not sort things out, okay? He also doesn't

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make any decisions for the parties involved whatsoever,

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okay? His or her or it, we, she, him or they,

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whatever you identify as nowadays, helps both

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the parties involved work together, okay? To

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develop their own agreement, their own solution,

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okay? So that there's no back and forth, he said,

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she said something, okay? What this involves

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is voluntary participation, face -to -face discussions

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between both the parties in the conflict. That

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being said, the mediator has to be biased, I'm

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sorry, unbiased. without any decision -making

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power, who has no power whatsoever to help those

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involved, but whose main point is to help them

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understand each other's points so that they can

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come to an agreement. If your mediator is biased,

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it's time to find another one. He has to be unbiased.

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He can't pick one side or the other. Also, in

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mediation, Equal opportunity for both participants

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to speak and explain their perspective of the

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current problem is required. All the relevant

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information, no matter how big or small, must

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be shared in order for this to work. It's basically

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a shared agreement between both parties once

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that mutual agreement has come to fruition. Although

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there are many trained mediators to work to help

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resolve conflicts, anyone, And I mean anyone

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can act as a mediator, whether in a disagreement

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between colleagues or to bring two quarreling

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friends or neighbors together to solve whatever

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problem they have. Okay? So, that's the basic

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gist of it. Let's go ahead and dive into the

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mediation process. Alright, let's go ahead and

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dive into the mediation process, okay? Although

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every conflict and every mediation process will

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be slightly different, there are a number of

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steps which you will need to consider in every

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case and points to take into account when setting

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up to help mediate between two different parties.

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The first thing being preparation. You will need

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to lay out the ground rules for the mediation

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process first. There is a reason for this. Otherwise,

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this whole thing will be a giant mess of he says,

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she said, and everyone talking over each other

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and trying to cut each other off just when they

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don't like or want to hear what the other person

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has to say, even if what the other person has

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to say is important or relevant to the current

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issue at hand, or maybe the reason why the whole

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discussion is happening in the first place. Usually,

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some basic rules of communication and confidentiality

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will be essential, but there may also be others

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that are pertinent to the situation in hand.

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For example, you may want to set out there that

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only one person talks at a time. Like I mentioned

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earlier, it could cause a lot of issues. The

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others have to listen in silence. And that there

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is to be no verbal abuse at any time. At all.

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If that happens, the whole thing stops until

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everyone calms down again, first off. And that

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whatever happens remains confidential unless

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both parties agree to speak about what it said

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in that room outside of the mediation room. You

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may also wish to set out the mediator's role.

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First off, that you are to be impartial. You

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are to help the parties reach their solution,

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not solve their problem. Also, to protect the

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parties from each other, if necessary, should

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something go wrong, as mentioned earlier. You

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should also consider whether you should have

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separate meetings with each party to develop

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a better understanding of the issues before mediating

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a joint meeting between them. I would actually

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recommend this because... you can't mediate between

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both parties if you don't know what's wrong with

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both parties you would have to hear everything

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out and this would take longer plus try to put

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them in both rooms where they list out their

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issues and problems and then constantly yelling

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at each other when they don't agree with what

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the other person says makes it hard so definitely

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do that step two reconstructing and understanding

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the conflict meaning Your task at this stage,

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once we get to stage two, however long that takes,

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is to listen to the participants' stories, whether

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together or separately, depending on how overly

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zealous and anxious they are, to clarify what

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they want. to achieve from this entire process.

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If you are meeting both parties together, it's

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helpful that you can summarize the main points

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of the conflict in a neutral way that both can

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understand upon what's going on and propose an

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agenda for the discussion. An order in which

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issues should be discussed or handled. It can

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be anything helpful at this stage to name the

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emotions that participants are feeling as well.

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This also helps to show that They have been recognized,

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they are understood, and we are working to solve

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the problem. Okay? Third, defining points of

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agreement and dispute. Okay, this one's very

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big. This is where it starts to get interesting

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and where you need to be careful what you say.

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During this stage, if you make it to stage three,

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hopefully by now you have, right? During this

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stage, your role is to help the participants

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move towards a position. Where they start to

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understand each other's point of view. And then

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begin to resolve a shared problem. I don't know

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why I have to stress this part. But it seems

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no matter how many times I tell people this.

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They go to try to solve the main and last points

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rather than the shared problems first. The reason

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why I say do the shared problems first is it

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helps them. Come to an agreement on smaller things

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to get them out of the way so you can focus on

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the main topic at hand, unless the main topic

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at hand is the biggest shared issue. Now, one

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way to do this is to think of it as moving from

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a focus on the past to one on the future. It

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can also be helpful to use paraphrasing and summaries

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in neutral terms to help the participants identify

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areas of agreement and to check on their understanding.

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Hopefully they... can understand. Anyway, it's

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extremely powerful to reflect feelings back at

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the participants as it shows both that they have

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been heard and that you understand. Don't be

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afraid. Keep saying here. Don't be afraid to

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break for coffee or walk outside or even make

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an adjournment for another day if you think things

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are getting a bit heated out of hand. Let's just

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put it this way. Sometimes As childish as this

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is going to sound, a timeout is a very valuable

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reflection of opportunity for everyone. Sometimes

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everyone needs a bit of a timeout period. Whether

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it's because everyone's heated, no one can come

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to terms, or no one can get anything in or out

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or word -wise. You know, they start arguing or

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whatever again. Alright, alright. We're back.

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Okay, cool. So, number four. Let's start with

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creating options for agreement. Now that we've

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made it this far, okay? A useful starting point

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for this stage is to basically identify the simplest

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area or the one on which there's the most agreement

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and suggest resolving that section first. It's

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basically a quick win if you want to look at

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it that way. Useful techniques for developing

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options include brainstorming. Thinking at this

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stage is definitely important. I don't know how

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much stress I have to put on that. Anyway, anything

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goes at this point. Let's put it this way. You

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then need to help the participants to develop

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an evaluation criteria, which should ideally

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be objective and in order of importance. Your

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role here is cheaply to make sure that all participants

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are equally involved in generating options and

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developing evaluation criteria. Things for them

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to consider and to vote upon that they either

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agree on or that they think would be a good idea.

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And that they cover all the parts of the problem

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in the process. Make sure that you're reflecting

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their opinions and not your own. Remember, you're

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supposed to be unbiased. You can't throw your

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point of view into this at all. The only time

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is if they ask. However, I would recommend not

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doing this. You can also point out linkages between

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the options or their problems that prevent it

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from being viable. This is not a bad thing, though

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it may make them a bit irritated, so use with

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caution. But once the options have been evaluated,

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you'll need to guide them to a single solution

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that will suit all parties and help them to fine

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-tune it if it is necessary. And with the process

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of that, we reach step five. Developing and agreement.

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Okay. Like the objectives, an agreement should

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be smart. Well, smart is an anagram, more or

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less, for it needs to be specific, measurable,

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attainable, realistic, and time -bound. It has

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to make sense. It has to be actually doable.

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You can help the participants achieve this. by

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doing the following these are not optional now

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you can may or may not be depending on your circumstance

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but for the most part you want to do all of these

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writing down the proposal in a neutral language

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reading it back to them then write down the individual

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individual points so that they are clear and

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understood by everybody clarifying any general

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or vague points for example by asking the participants

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to agree concrete behavioral changes with the

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deadlines for achievement that are necessary

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Also, avoid legalistic language and keep everything

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simple. It doesn't matter how legal it is. It

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doesn't matter if you're a lawyer or a liar.

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You want to keep it simple. You need to summarize

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the progress and next steps, including setting

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a deadline for any future meetings and identifying

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any remaining areas of difficulty and options

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for the resolution. You have to do this, otherwise

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it doesn't make any sense. By being positive

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about the progression and the fact that everyone

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has remained engaged by this point means that

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you're doing well. Also, continue to offer your

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continued support as the mediator if required,

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ensuring that both parties sign the agreement

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then and there and close the meeting once the

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agreement has been reached so that no other issues

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arise. Okay? This is very important. Alright

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everybody, that should be it for mediation skills.

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I mean, when you think about it, skill mediators

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need, you know, they need to be able to have

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active listening skills. Otherwise, this doesn't

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really make any sense. I mean, there's a range

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of skills they need, but active listening is

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the first thing. Next, they need to be able to

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question and clarify. any facts or information

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needed about the controversy. So clarifying skills,

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questioning skills, definitely pluses to have,

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okay? They also need to have emotional intelligence.

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They need to be able to understand emotions.

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They need summarizing skills to set out the main

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points of controversy and underline the emotions

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involved, and also to help the participants to

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reframe issues so that they're less emotive.

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and more logical so they can think straight.

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Also, they need empathy. It's very important

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because it helps each party to stand in each

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other's shoes and understand how each other feels.

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That's the whole point of this entire channel.

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Food for thought. Thoughts if it were you. How

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would you feel if you were in their shoes? I

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am basically a mediator. Okay? At least the only

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reason why I started this podcast is because

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I am a mediator. This is what I do. This is how

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I, I guess you could say in a way, this is how

00:16:55.769 --> 00:16:59.129
most mediators get their kicks. Except for me,

00:16:59.230 --> 00:17:01.669
it's basically my way of helping other people

00:17:01.669 --> 00:17:04.490
solve their problems indirectly without being

00:17:04.490 --> 00:17:07.250
involved. Do I care about you or do I care about

00:17:07.250 --> 00:17:10.130
your problems? Yes. But do I have the time to

00:17:10.130 --> 00:17:12.549
listen to every single person's problem? No.

00:17:12.990 --> 00:17:15.720
Unfortunately, I do not. What I can do is teach

00:17:15.720 --> 00:17:18.259
you how to solve your own problems so that you

00:17:18.259 --> 00:17:22.359
can move forward in life easier. Okay. And perhaps

00:17:22.359 --> 00:17:27.460
the most importantly important thing, a mediator

00:17:27.460 --> 00:17:32.160
must not take sides or be seen to be acting unfairly.

00:17:32.160 --> 00:17:34.700
This is something that a lot of people I find

00:17:34.700 --> 00:17:37.940
can't help but do. If you're an emotional person,

00:17:38.099 --> 00:17:41.369
the only way you can be a mediator. Is if you

00:17:41.369 --> 00:17:44.170
find a way to, and I quote, seal your emotions.

00:17:45.170 --> 00:17:47.329
Because once you start becoming emotional, you

00:17:47.329 --> 00:17:50.369
are no longer qualified to be a mediator. Because

00:17:50.369 --> 00:17:51.990
now you're going to start taking sides. Whether

00:17:51.990 --> 00:17:55.509
you take one party's side or the other. Or you

00:17:55.509 --> 00:17:58.190
side against them. This is going to hurt the

00:17:58.190 --> 00:18:01.690
whole negotiation process. You'll therefore need

00:18:01.690 --> 00:18:04.470
to be able to acknowledge points made by both

00:18:04.470 --> 00:18:07.950
parties with this. And spend equal amount of

00:18:07.950 --> 00:18:12.789
time with each person. on their issues specifically

00:18:12.789 --> 00:18:18.130
right it's never going to help to point out that

00:18:18.130 --> 00:18:20.509
someone is being unreasonable but you can help

00:18:20.509 --> 00:18:23.069
them take a reality check by asking what they

00:18:23.069 --> 00:18:25.529
would consider a reasonable outcome to be and

00:18:25.529 --> 00:18:27.049
then asking whether they think the other party

00:18:27.049 --> 00:18:30.529
would agree with that outcome and if not why

00:18:30.529 --> 00:18:37.059
that is okay finally gotta take a breather this

00:18:37.059 --> 00:18:39.180
is a lot of information that I know and I'm really

00:18:39.180 --> 00:18:41.759
sorry but I mean if you really want to be a mediator

00:18:41.759 --> 00:18:46.339
this is important plus I know I talk fast so

00:18:46.339 --> 00:18:50.740
I do apologize but if you're still here even

00:18:50.740 --> 00:18:54.140
now then obviously I'm doing something right

00:18:54.140 --> 00:18:59.319
right all right everybody so and finally okay

00:18:59.319 --> 00:19:05.710
although how do I want to put this Let's just

00:19:05.710 --> 00:19:08.049
say a little humility is always a good thing.

00:19:10.230 --> 00:19:13.869
It's never a bad thing, but too much of it maybe,

00:19:13.950 --> 00:19:17.130
but not enough of it is bad. So let's put it

00:19:17.130 --> 00:19:19.589
this way. It's important to remember that mediation

00:19:19.589 --> 00:19:23.509
might not always work and it's not always the

00:19:23.509 --> 00:19:25.450
fault of the mediator if it doesn't. Sometimes

00:19:25.450 --> 00:19:30.029
people just can't be brought to agree or they're

00:19:30.029 --> 00:19:32.549
just really entitled. You know, we've gone over

00:19:32.549 --> 00:19:36.940
this before. For example, if participants do

00:19:36.940 --> 00:19:40.740
not come ready to find a shared solution, it's

00:19:40.740 --> 00:19:43.140
going to be difficult to mediate one, especially

00:19:43.140 --> 00:19:46.259
if they're cross -cultural disputes. They're

00:19:46.259 --> 00:19:48.279
always going to be hard to mediate because what

00:19:48.279 --> 00:19:50.440
is acceptable in one behavior or culture may

00:19:50.440 --> 00:19:55.000
not totally be accepted in another. And a good

00:19:55.000 --> 00:19:56.859
mediator will always try to be aware of what

00:19:56.859 --> 00:19:59.440
else is going on, trying to understand any hidden

00:19:59.440 --> 00:20:04.259
agendas, barriers. and such to make an acceptable

00:20:04.259 --> 00:20:09.200
or effective problem solving case. An effective

00:20:09.200 --> 00:20:13.079
mediator will always at the same time be able

00:20:13.079 --> 00:20:15.660
to distance themselves from the problem. Like

00:20:15.660 --> 00:20:17.880
I said, once you start becoming emotional or

00:20:17.880 --> 00:20:20.779
you become tied in or biased, that's when the

00:20:20.779 --> 00:20:22.299
whole thing will break down because it's your

00:20:22.299 --> 00:20:24.920
job to keep them separated long enough for them

00:20:24.920 --> 00:20:27.180
to see the problems and the errors of their ways

00:20:27.180 --> 00:20:29.920
with the problem at hand so that they come up

00:20:29.920 --> 00:20:34.220
with a solution on their own. Okay? Again, I

00:20:34.220 --> 00:20:36.599
said, and I'm going to say it again, the role

00:20:36.599 --> 00:20:38.700
of the mediator is to help others resolve their

00:20:38.700 --> 00:20:42.140
problems in a mutual or mutually agreeable way

00:20:42.140 --> 00:20:45.240
without getting bogged down in the problem themselves.

00:20:45.799 --> 00:20:47.920
It's not your job to become part of the problem,

00:20:48.019 --> 00:20:50.759
and it's your job to help them solve the problem.

00:20:51.480 --> 00:20:56.259
Okay? It's as simple as that. Man, that is a

00:20:56.259 --> 00:20:59.279
lot of information. I mean, it's not as... A

00:20:59.279 --> 00:21:01.440
lot is some of the stuff I've covered in the

00:21:01.440 --> 00:21:05.339
past, but for lack there of a better word, it's

00:21:05.339 --> 00:21:07.859
still a lot. So with that being said, everybody,

00:21:08.160 --> 00:21:12.019
this is Food for Thought. Thoughts if it were

00:21:12.019 --> 00:21:15.039
you. I'm your host, Neogentrix, and that was

00:21:15.039 --> 00:21:20.279
Mediation Skills. I hope you guys have a great

00:21:20.279 --> 00:21:21.759
rest of your day. I hope your Thanksgiving was

00:21:21.759 --> 00:21:27.019
great. And I'll see you later on this week. Enjoy.
