...ALTERNATIVE DISPUTE RESOLUTION (ADR)
Principles and Techniques for Effective Mediation

AN APPLICATION OF:
OUTRAGEOUS TRUTH: A MYSTICAL PARADIGM (OT/MP)
Applied to interpersonal, family, and community conflict, and within the
professional ecologies of business, education, health care, government
and other institutional settings.

Copyright © 1995-2008 by Thomas E. Harries, Ph.D.
All Rights Reserved

"Blessed are the peacemakers
for they shall be called the children of God"
(Mat 5:9)

SOURCE PROJECT
  Outrageous Truth:
A Mystical Paradigm

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How to Understand the Layout of this Mediation Section:

The SITE MAP/Index page (left frame/sidebar) is an index that lists all the topics and will serve as a master index to this mediation section.  Selecting a major topic on the left hand frame brings you to that topic's overview on this page.  Or for review, you can use the sub topics and jump directly to deeper levels of the site to do exercises or review.  At the end of each overview segment on this page, there may be other hyper link buttons that can take you either to the topic's details as a separate page, or to the next topic for continuing your overview on this page.  Then for some topics, there are still deeper levels of technical material and/or practice exercises which, as I mentioned, can be accessed directly from the Index Page.  You can always return to the top (i.e. this page) by clicking a hyper link button in the left hand index frame.

NOTE: if you intend to be a serious student of the mediation theory and practice on these pages, you are strongly encouraged to proceed through the material in the order listed, i.e., from overview to technical details in the sequential order presented on the left frame index (site map.)  Your understanding of information in subsequent sections will often depend on your awareness or understanding of a preceding section.

MEDIATION IS A SPIRITUAL DISCIPLINE

...
Lady Justice
INTRODUCTION
Components of Conflict Resolution (CR)

MEDIATION IS A SPIRITUAL EXERCISE
TO FIND AND BRING OUT THE BEST IN THOSE WHO SUFFER CONFLICT.

A mediation is most successful when the spiritual resources of the disputants are enlisted in the cause of healing their challenged values and needs. These inflame and energize the issues of conflict.  To that end, mediators both administratively organize and direct the logistics of the mediation, and are responsible for the quality of the interpersonal interaction in negotiating the issues of the dispute. The lessons that follow emphasize the negotiating (interpersonal interaction) aspect as being the most important skill for CR to produce a positive and stable resolution to conflict. Both the underlying theories that support a successful negotiation and an implementation technique for successfully applying them will be developed in these lessons.


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DEFINITIONS

Two kinds of generic definitions are relevant to understanding mediation in the context of Alternative Dispute Resolution (ADR):

Terms that describe the various implementation processes found in ADR.  Mediation is only one of several processes for dispute resolution. See page containing other process definitions.
Terms that describe the conceptual and theoretical dimensions of Mediation.  These are developed below.

Consciousness: Consciousness is the embracing construct and framework within which all of the dynamics of conflict occur and within which they can be resolved. There are three principal overlays that are the generative roots of conflict, Agendas, Communication (language symbols and icons) and HIP (Human Information Processing) competence.  When their dynamics are understood, they provide keys to interpreting the symptomatic expressions in conflict.  The issues are used to point to the underlying needs that energize and perpetuate the issues.


System Effects: The ability to examine a conflict from a systems perspective is contributory to its successful resolution. The definition of a "system" is provided as a conceptual tool to recognize it. The mediator is given a model to assess how systems can be perceived to exist at different levels of complexity and in a variety of relationships with each other. The human factors must be seen in perspective, i.e., as they interact in a systems framework that can include individuals, groups, organizations and entire societies.


Human Factors: These are the combination of personality and three conceptual overlays on the basic constructs of consciousness that are associated with potential conflict, both in its generation and therefore in its resolution.


...Definitions of Basic Terms

"Issues," Positions," and "Interests" vs "Needs"  and "Values" Defined: 
In examining other current approaches to Mediation training, you will find the terms "position" and "interests" frequently used, while the terms "values" and "needs" are not found as core elements of their principles of mediation.  You should understand the differences among these terms.  The correct understanding of these terms is crucial to the managing the effective practice of mediation as advocated by this Spiritually grounded C/consciousness model for you to practice effective mediation.

"Issues:"
"Positions:"
"Interests:"
"Feelings:"
"Needs vs wants:"
"Values vs beliefs:"
These terms are defined in the glossary for  OT/MP.  Visit the glossary.

Interests and wants will differ among individuals for any issue,
but needs do not differ among individuals.
Therefore,  you will learn how to interpret needs and values
from the presenting wants and issues.
WHEN NEEDS ARE MET, ISSUES VANISH.

Summary:  The student can easily resolve the relationships among these terms and avoid confusion. Needs are fundamental conditions that lie at the roots of human life, i.e., at the roots of human consciousness.  Needs drive the individual to define and invest in a stable pattern and hierarchy of activities (values) that promote a physically safe and secure, an emotionally rewarding,  intellectually stimulating, and spiritually satisfying quality of life.

Values express as the decision priorities evident in an individual's consistent patterns of visible behaviors.  These value patterns of invested time and energy appear as the activities and declarations toward which a disputant is devoted in order to serve their basic needs. Interests in the context of conflict, are the intellectualized labels for the cluster of events and conditions visible as indicators for those values that serve the person's needs. Issues are the visible expressions of value driven conflicts (within, between and among disputants) about which the respective positions of  the disputant's are clustered.


Putting them together (example):  An issue I might present to a mediator is my resentment of a pattern of hostile and rejecting treatment by a peer at work.

My interest in that context is to create or restore a tranquil, functional and empowering work environment.

My values in the context of the issue are to: (1) always feel I perform effectively, and (2) to act to promote and enjoy collegial trust and cooperation and have that investment reciprocated.

My needs in that context are served through my work and the treatment (feedback) I get from my associates.  These interactive conditions must permit me to: 

(1) validate my  personal competence and effectiveness in the work I do, and 

(2) affirm me as a functionally effective, cooperative, trusted and valued colleague by my peers and members of my work group.  CR must act to restore and heal the confused or limited consciousness between or among the disputants, and the broken conditions that deny me these affirmations.

CR is successful when the intervention brings to pass the required changes in the respective consciousness of the disputants to thus permit the healing conditions to occur in the workplace and ensure their ongoing stability.

Healing of conflict can best be managed by focusing on the deepest foundations of conflict--the frustrated or blocked underlying needs and values which generate the surface of conflict, i.e., the issues, interests and positions of the disputants.

Therefore, the dynamics of the terms needs and values will be emphasized in this approach to conflict resolution because they are the foundation factors that enable and empower the most healing, economical, stabilizing and cost-beneficial influences for addressing and resolving human conflict.  These constructs will be defined and developed in greater detail in subsequent lessons.


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Implementation Components of CR

Feedback Standards
Note: the logistics of preparing for and managing the mediation are not presented under the topic of Feedback--only the interactive skills are emphasized. The required introductory rituals are discussed elsewhere (See "Ethics Preamble" and "Tabletop Guide" sequences on Left (Index) Frame.)  The logistical protocol is presumed to have already begun at the outset of the mediation. What follows focuses on the substance of the mediation process knowledge and skills.

Fundamentally, mediation is an interpersonal interactive process. Therefore, the introduction of its techniques are placed in the context of managing feedback--both giving feedback and receiving it. The dynamics of managing feedback for CR are presented in three phases: (1) Initiating, (2) Active Listening and NLP (Neuro Linguistic Programming), and (3) Focusing and Problem Solving.


Group Management: This is a special section devoted to ad hoc conflict management in facilitating a goal directed group. The reasons for, and means for assessing the dynamics of a group and conducting "group maintenance," or "processing" the group are introduced.  These skills which can prevent or resolve spontaneous conflict are summarized.


Protocols for Problem Solving:  Several rational and systematic and rational problem solving protocols are offered. The point is emphasized that success in using these techniques is more likely if the initial phases of rapport building, trust building, needs identification, and values clarification for each disputant have been achieved first.


The Nine Steps of the Mediation Process:  These summarize the steps of the FORMAL mediation process and the role of mediator in managing the logistics and administrative activities, from its introductory rituals to the disputant's signing of a finalized agreement.   


Working with Lawyers: The role of lawyers must be accommodated in many meditations. Mediation can become involved after litigation has already commenced. In this case lawyers for the disputant's will have a vested interest that the outcome of mediation respect their client's rights under the law. When mediation arises outside of litigation, the resulting agreement resolving the issues must respect the law,. Therefore, the clients should have legal advise that agreement is legally valid and that signing it has not deprived them of a right that ought to have been included.


CR in Organizations and Institution:  Organizational conflict involves coalitions of groups or interests (stakeholders) who are vested in the issues. In the face of organizational complexity, the ability to apply a "systems analysis" from the theory section becomes especially important. Further, beyond the immediate interests of the disputants, there are other stakeholders in the outcome of a mediation who may also be affected by the outcome. The same mediation techniques are required during the interpersonal interaction phase of the mediation. The mediator is likely to require the use of one or more of the problem solving protocols depending on the scale and scope of the conflict.


CR in Communities:  This arena involves individuals, families, neighborhoods, schools, local institutions and government as potential stakeholders in the issues that may be joined in conflict. The same type and level of skills required in facilitating organizational conflict must be applied here. The organization of community conflict resolution centers require a valid and effective structure and quality control components to assure the success and credibility of CR and mediation in that community.

From this page, the "Detail" Hyper links buttons will take you to the more detailed instructional material with its specialized  information. From within any sub-section there may be further links to still more specialized information, and/or to important practice pages. However, to facilitate review, hyper links will also be available in certain sections to access the deeper pages directly.   These are always found on the Index (left frame/sidebar). If you are approaching these pages seriously for skill development, you are discouraged from jumping out of sequence or directly to the deeper pages until first being conceptually introduced to them by the intervening instruction.

Top of Page (to Review)


WHO USES OR BENEFITS FROM MEDIATION?

The current down sizing, outsourcing, and restructuring of government and many corporations can make institutional and corporate staff vulnerable to conflict inducing stress well beyond the normal stresses that are a characteristic of any organizational setting. Organizational stress can be transferred into families and generate additional conflict for these individuals who have been made victim to corporate abuse.   

The same potential for stress can be expected in schools, businesses and large corporate and institutional organizations when they are subject to market, political or other negative or threatening influences. The skilled mediator of interpersonal, group or organizational conflict, can help develop improved relations among the numerous potential victims of conflict in any institution, medical center, family, community, school, or organization.


Interpersonal Conflict interactions in health care, or in any organization are frequently found as:

Staff on client
Client on staff
Staff on staff
Client on Client
Client's family on client and/or on staff: e.g., a medical center is an environment where the client is a patient, this source of conflict can be frequent, e.g., in creating Advance Directives, or if there is a medical or institutional "misadventure."  When properly trained in the spiritual dimensions of mediation, nurses, chaplains and other workers can help moderate the additional pressures from vested family members and “significant others.”  In a medical or other health care setting, nurses in particular are in an optimum position to make a difference in creating positive outcomes in these interfaces of potential strife. 

In any organization, intra and inter staff conflict can be high were morale is low due to cost cutting, resource shortages, or workload disputes.  In any institutional setting where unusual advocacy and opposition agendas are added to the organization's complex mix of normal interpersonal relations, the potential for destructive conflict exists.  The same principles will apply in any context where the above relationships are found.

End of life issues create enormous potential for serious conflict among patient, family, staff, and other personnel within hospitals, hospices, nursing homes, other health care organizations, and insurance companies. Any organization will have comparable areas of conflict unique to their goals and objectives. In a health care organization, the presence of ADR skills can help generate improved patient satisfaction with the health care process. Conflict resolution can serve to improve staff morale by facilitating their handing the stress of hospital life. This role of mediator is equally important in the Outpatient Clinic, Hospice and for Home Based Health Care. Pressures on caregivers in these environments are endemic in creating the stress for potential conflict. That potential can be moderated by the healing interventions of a properly trained mediator regardless of what official professional role they serve.

Community Outreach:
Medical Center and the outreach staff of other organizations who are already trained and skilled in the process of mediation can use this material as a resource for community services. As the public's awareness of ADR and mediation increases, and as its power to help diffuse and moderate conflict increases, properly prepared personnel can become valuable community resources whose contributions heighten public awareness of provider organization as a positive force for community health--physical, mental, emotional and spiritual.


Use of the Following Information:
This master ADR mediation page is designed to facilitate the involvement of any interested user who wants to reach a greater comprehension of the principles and techniques that empower a successful mediation process.

But note, comprehension of the following material may be a necessary part of the preparation for mediating, but it is not sufficient. Experience has shown that knowledge alone will not suffice to develop real mediating skills in anyone. What is also required, is for a person to take the information learned from these pages and practice the application in a controlled environment under the supervision of a qualified mediation trainer. 

Real world practice and feedback are essential to translate intellectual understanding of the following concepts and principles into effective and rewarding applied mediation skills. Therefore the following material is best used in conjunction with an experiential training program where these principles and techniques are given practical meaning through directed practice in the real, or at least simulated, world of human conflict.

Go to Goals and Objectives


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THE CONSCIOUSNESS PARADIGM

A concept of consciousness is an interpretive frame of reference that can help a mediator develop insight, and caution inducing respect as to how easily they could misunderstand the real nature of a conflict. The consciousness paradigm ought sensitize you how serious the barriers can be between (among) disputants as to the operable factors that block them from easily resolving their issues. On the contrary, an appreciation of the dynamics of consciousness can also reveal channels for using mediation skills to nurture insight and understanding among disputants as to how the issues under dispute relate to their needs and thus their core values. This insight will empower a mediator to facilitate the creation of options by the disputants that can resolve their dispute.


Religious Orientations Regarding the Concept of "Consciousness":
Within certain religions, "consciousness" is sometimes associated with negative supernatural concepts and practices. This pejorative interpretation is mostly identified with fundamentalist orthodoxy in the Christian tradition, and is sometimes confused with other terms they pejoratively define, e.g.,  "Cosmic Consciousness," "occultism," "spiritism," and "pantheism" among others, and also with Satanic cults and other forms of the "devil's" influence  [e.g., Larson, Bob, 1989; Martin, W, 1989.]

However, it is not necessary to defend the scientific concept of consciousness by the doctrines of any religion in order to relate its scientific utility to the development of conflict resolution insight and understanding.  Therefore, inclusion of consciousness concepts here as scientifically valid foundation principles are to improve your understanding the dynamics of conflict and mediation. The Mystical Paradigm (MP) will first be related to terms found as scientific definitions and applications within bodies of respected scientific theory and practice. These theories of consciousness are now accepted and being developed in the normative scientific community. But in addition, the metaphysical implications of consciousness will also be developed to relate the behaviors of mediation to the dynamics of a mystical consciousness.

Of major significance for mediators (or anyone!) is a dictum that derives
from a knowledge of consciousness dynamics, both scientific and metaphysical:

WHAT IS NOT PRESENT AND ACCESSIBLE
IN A PERSON'S CONSCIOUSNESS
CANNOT BE PROCESSED BY THEIR INTELLECT,
HOWEVER BRILLIANT!

Why Study Basic Concepts of "Consciousness":
A person anxious to function as a mediator may question the need for "Theory" as being too academic. They may believe that they can just get down and do it. To the extent potential mediators have that belief, they are wrong. The costs are certain to be paid in various expressions of problematic mediation. Theory is for the purposes of facilitating your insight to the "why" of skill development in conflict resolution. Understanding the reasons for using particular mediation and facilitation techniques and practices is empowering of the technical skills. The definition of consciousness will serve as a foundation concept which is explanatory of the roots of conflict. Consciousness theory today is based on current scientific advances in both the "hard" sciences of physics, chemistry and biology, and in the "soft" sciences of the various behavioral sciences. There is another reason for the importance of the theory that follows:

THE PERSON WHO KNOWS HOW CAN ALWAYS DO THE TASK,
BUT THE PERSON WHO KNOWS WHY WILL BE IN CHARGE.

Mediation is both a practiced technical skill and an intuitive art. Unless one has a firm grasp of the "WHY" conflict arises and takes the form it does, those who would be healers of human disputes will be at risk to making errors in judgment leading to missed opportunity and serious failures. Both can harm--first, the interests and trust of the client, the reputation of the mediator, and  finally the credibility of the entire profession.


The theory that follows is preparatory to the subsequent skill development section. The following pattern of development will occur:

Consciousness will be developed first as the foundation concept for understanding how all other concepts in conflict resolution and mediation can relate to it.
System concepts will be introduced for the mediator to understand how all conflict must be evaluated from a systems perspective. That means to include the context in which conflict is evident, i.e., detecting how different human systems at different levels of complexity can relate to each other as: individual, group, organization or institution, society and international social systems
Consciousness as a concept will be expanded in order that the relationship of three behavioral overlays can be understood as factors contributing to conflict and its resolution. An understanding of how these areas create conflict and impede its resolution also serves to open the door to healing interventions. These conflict generating overlays are: Agendas, Human Communication (Semantics and Meta-communication), and HIP (Human Information Processing ) competencies.
The training moves to the root skills of mediation and facilitation: active listening (to detect the destructive presence of the above overlays) and defining the essential skills and techniques for building trust, rapport, focusing confused representations of the disputant's realities, and moving toward resolution in a manner that insures long term stability and empowerment of the disputants to continue the mediation process themselves.
Finally, the mechanics or logistics of mediation will be presented (Step 1, 2, 3 etc.) and their application in various arenas, their relationship to the law and other factors in the world of human conflict.



Original Material: The Consciousness Paradigm (simplified version)

Revised Material (recommended:) This information is expanded and updated as a part of the Mystical Paradigm. You can access these newly released elements, follow the information, and return to here at the end of Dialogue 1: Consciousness. The dialogue continues after a three part introductory dialogue which you need not review for the purposes of following the mediation related information.  The dialogue is between a Mystical Protagonist and an InQuiring Mind who will debate the natures and challenges of C/consciousness.  You will benefit from following the link provided to ensure that you understand how capitalization and color conventions are used to communicate the metaphysical implications of certain terms.

Go to System Factors















































































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SYSTEM FACTORS

The first concept that it is helpful to understand is how the experience of reality defined for ourselves is really a system of systems. Each of us draws our own "turf" defining boundaries. Then we interpret the significance of resulting structures and processes in terms of our personal needs and the values that arise from them. Many of our shared perceptions have a great deal in common, but other perceptions may be significantly different. When these discrepancies are out of each disputant's respective consciousness, they thus create the primal roots of conflict. The details that follow will help you apply an assessment and interpretive paradigm to help unravel the complexity that are the nature of human systems you find caught up in conflict.


The Understanding the Over-arching Design of a Reality of Systems and its Importance to Mediation and CR
A working definition of Human Factors that define the context in which Consciousness operates.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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...
HUMAN FACTORS
DEVELOPMENTAL SEQUENCE AFFECTING HUMAN CONFLICT
Unraveling the Human Factors Contributing to Conflict

There is a hierarchy of human factors that when understood, shed considerable light on the internal factors that can either contribute to or defuse the kinds of feelings within an individual that lead to behavior called "conflict." The first and foundation concept is that of "consciousness." Human factors are the conditions of inner processes that create the unique definition and expression of consciousness for each individual.

In current society, until this last decade of the 20th Century, the concept of consciousness has suffered from a negative history. Since the 16th century, consciousness been defined by science as an intangible, possibly supernatural, and therefore a wholly unacceptable construct that has been refused admission to the laboratories of scientific investigation. Prior to the 1900s, the only research that has attempted to apply this concept had been in areas dismissed by hard core scientists as "parapsychology." Unfortunately, well-meaning efforts to submit the concept of consciousness to scientific proof in these early approaches to parapsychology and other areas has been marred by immature or incompetent research methodology, incomplete or disconnected and fragmented bodies of theory, and poorly defined or non measurable research constructs.

But those historically grounded claims to justify the rejection of any consciousness theory by science cannot be fairly made today. The light of state of art theory, methodology and practice is vastly improved. Some current evidence for the importance of a viable construct of consciousness will be summarized. Further, proof will be offered why "consciousness" is emerging as heir to the throne of scientific respect as a prime construct of central importance in both physical and behavioral science. This evidence is found ranging from the most abstract arena of transpersonal psychological theory to the most hard core materialist science of neurobiopsychology. "Consciousness" is on its way to becoming the dominant paradigm of the 21st Century.


The "Human Factors" to be developed as the significant ingredients related to the recipes for conflict and healing are:
PERSONALITY: as described by the Myers-Briggs personality inventory

AGENDAS: the hierarchy of biological and psychological priorities by which human needs are defined and met, and values nurtured and served

COMMUNICATION: the human construction of symbols and icons used to reflect the inner "meanings" of experience which are unique within each person

HIP (Human Information Processing): the development of the individual's capacity to detect and interpret complexity in their experience, and to develop implicit rules for interpreting and evaluating the experience that is their consciousness.

Go to Personality Factors Affecting Conflict as assessed by the Myers-Briggs and/or FIRO-B/F
 
 

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PERSONALITY

The nature of a person's consciousness is represented in the values and dynamics of their personality. There have been numerous inventories of personality. Apart from any issues that trigger conflict, the nature of disputant personalities themselves can create or amply basic conflict. Independent of the issues which are only symptoms of conflicted needs. In any conflict scenario there are factors that can have a tendency to induce an incipient or low level of conflict, even before any of the possible needs based conflict scenario arises.

Foremost among personality factors are different styles of interacting with one's world of experience. The Myers Briggs is one of the most established and validated descriptors of personality. By examining the details of this inventory, you can come to understand when and why individuals attempting to work in teams, groups, or collectively can begin to "get on each others nerves." Understanding some of the theory behind this instrument will facilitate your detecting the expression of these factors as he appear among the Overlays introduced above as you engage those disputants with whom you must interact. This sensitivity is especially important for mediators. An excellent and readable resource on the Myers Briggs that contains a short form of the test is: Keirsey & Bates, Please Understand Me, that is available in most large bookstores.

Myers Briggs Summary Graphic
For Full Screen Display. The use your Browser's "Back" button to return to this Mediation Index page.

Go to this Web Page Link if you want to see the Keirsey presentation of the personality types relevant to the Myers Briggs.
Go to this Web Page Link if you wish to take a 70 item Myers-Briggs (Keirsey short version.)
For additional technical information on the Myers-Briggs, go to this Web Page Link.

Go to Personality Factors Affecting Conflict as assessed by the FIRO-B and FIRO-F Personality Measures
Go to Human System Factors--Assessing Agendas, the First of the Three Overlays of Consciousness



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THREE OVERLAYS OF CONSCIOUSNESS
THAT CONTRIBUTE TO CONFLICT

First Overlay~ AGENDAS:
Agendas are rooted in the biological, emotional/intellectual and Spiritual natures of the individual. When their influence is negative, agendas appear as expressions of direct or incipient fear, aggression, dominance actions and other defensive behaviors.  Although one is often aware of feelings that accompany experiences, the presence and working of these factors are usually at the unconscious level. This is especially true in emotionally inflamed conflict scenarios when the source of the conflict energy is masked by having been placed upon external persons, events and factors.  Tracking of feelings is the key to successful recognition of conflict inducing motivations.  The mediator must be able to recognize their presence and role in the particular conflict being addressed as these affect each disputant.

Original Material

Revised Material: This information is expanded and updated as a part of the Mystical Paradigm. You can access these newly released elements, follow the information, and return to here at the end of Dialogue 2: Agendas.

Go to the Second Overlay: Communication

















































































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Second Overlay~ COMMUNICATION:
Language is acquired in the life long experiences of an individual in which the “meaning” of words not only become associated with, i.e., denoted, with the referent (thing-in-the-world,) but may become heavily laden with associated emotional connotations. How one's agendas are being served from birth creates the connotative definitions for all language. These connotations are learned as the individual learns language and symbols as they live out their experiences in their culture. Then the language symbols, and icons that define their language are paired with these referent events and become anchored to the positive or negative feelings aroused by the experiences. These emotions become permanently linked to the symbols that are repeatedly associated with these feelings. The sources of these linkages quickly disappear into the individual's subconscious. Detecting, let alone adequately analyzing or coping with the effects of these complex linkages is not automatically achieved within the consciousness of an individual. Special listening skills must be developed to hear behind the language to recognize the presence of these links, and then interpret their significance for conflict resolution. The role of the mediator is to make these links and their effects known to the disputants as they address the issues in conflict.

Original Material

Revised Material: This information is expanded and updated as a part of the Mystical Paradigm. You can access these newly released elements, follow the information, and return to here at the end of Dialogue 3: Communication.

Go to the Third Overlay: HIP (Human Information Processing)

















































































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Third Overlay~HIP (HUMAN INFORMATION PROCESSING) LEVELS OF COMPETENCE:
HIP is independent of the semantic factors affecting an individual processing her/his experience, as a result of the nature of experiences during childhood, and from particular kinds of experience throughout life, each person also develops analytical rules for how to think and decide about their reality. The nature of these rules can range from simple to complex, and these affect the competence of individuals in copying with complex conditions presented to them in their lives.

Concrete Processors live in a world of absolutes and simple inflexible rules. Perceived changes to the stability of their perceptual world are threatening, produce significant stress and create defensive and rigid behaviors.

Abstract Processors live in a world rich in variety and possibilities.  Perceived change in their world is assessed with a rich set of possibilities, so positive and some negative.  They have many more resources from which to relate in a conflict that is complex in nature.

We are only aware of how we ourselves experience and engage the world, but we have no natural internal capacity to place ourselves in a context where we can assess our HIP capacities in comparison with those who may have more or less capacity. . Each of us has little awareness as to how significantly different our rules can be from another person's, or how these personal rule structures help or hinder our thinking and decision making in a complex arena of experience.  The more this experience has implications that impinge upon our needs and values, the more we need HIP competence to assess the factors and perceive acceptable solutions. A mediator must be able to detect Concrete thinking when present and adversely affecting the nature of the conflict and its resolution.

Original Material

Revised Material: This information is expanded and updated as a part of the Mystical Paradigm. You can access these newly released elements, follow the information, and return to here at the end of Dialogue 4: HIP.

Go to a Process for Giving and Receiving Feedback

















































































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Interactive Techniques Involved
in Giving and Receiving
FEEDBACK

Mediation as a negotiating process is a set of interactive communication skills managed by a mediator to define and clarify the conflicting needs and values among the disputants as these energize the issues in conflict. The prior sections of this study course have presented the factors addressing the WHY the interactive dynamics of mediation work when correctly implemented, and to suggest reasons why things can go wrong, and WHY when initial strategies do not work.

The Insights derived from the preceding bodies of theory provide clues for optimizing the following process of giving and receiving feedback during a mediation. The prior topics developed the theories of Consciousness and its Three inhibiting or empowering overlays, Agendas, Communication and HIP.
 

The inability to MANAGE the giving and receiving of feedback
is a failure of a major interactive communication skill that first acts to create conflict, and if not mastered by you, can compromise your effectiveness in the mediating or facilitating role.



The following topic begins your study of HOW to apply the theory you have examined and understand why the recommended techniques that follow will serve you well in your management of the interactive processes of Conflict Resolution.

Overview and Summary Introduction:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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.PHASE 1:
Phase 1 Elements: Preparation, Steps (1)-- Give Immediately, (2)-- Acquire Permission, and (3) Arrange privacy.   This phase applies mostly to ad hoc or on-the-fly mediation when conflict arises spontaneously in groups or interpersonal interaction.  A formal Mediation process is a carefully orchestrated and explicit protocol that is developed elsewhere in this resource.

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PHASE 2:
Initiating the Feedback:..Steps (4) Lead with Affirmation, (5)-- Acknowledge FEELING IN SELF, (6) Acknowledge FEELINGS IN THE OTHER, and (7) Use NLP for Focusing on communication accuracy.  This phase is the key to success in all forms of mediation whether formal or informal or regardless of the nature the conflict for the disputants.



“ACTIVE LISTENING”-- INTERPERSONAL FEEDBACK STANDARDS AS THE FOUNDATION SKILL FOR EFFECTIVE FACILITATION AND MEDIATION:
Unless this skill is fully developed in a mediator or facilitator, the ability to detect of the underlying needs of the disputants that drive the issues is compromised. Active Listening comprises the techniques that empower a mediator to link the overt symptoms of a dispute to the challenged underlying values and needs of the disputants.


REFLECT AND SUPPORT FEELINGS:
this is the most important single tactical skill required to effectively interpret and intervene in a conflict scenario. Success in this first phase of the mediation interactive process is imperative in building the essential initial trust of the disputants, both in the mediator and the mediation process, and ultimately between (among) themselves. Unless this is successfully accomplished, the transference of this trust between or among the disputants will be seriously hampered.  This and the following area require the most extended practice in a controlled training environment managed by a skilled mediator trainer in order to develop this skill to a high level.



USING NLP TO ASSESS AND CLARIFY POORLY FORMED SEMANTIC CONSTRUCTS:
This phase of the mediation process will empower you to recognize and clarify dysfunctional communication in order to open the way for problem solving. Only after the core factors that define and energize the real nature of the conflict are identified can potentially successful problem solving begin. Disputants are wholly immersed in what they experience and call their “reality,” the only one that exists for them. Given a personality type that does not cope well under stress, it becomes increasingly difficult for them when others living in their world may not appear to share their experience of reality. They may be unable to relate to anther's reality that is more helpful even when similar to theirs.

Thus they speak sentences in which their meaning is presumed to be understood on their terms by a listener when such may be far from the case. These discrepancies become crucial contributors to the creation of conflict, its persistence and its intractability. The Problem Solving techniques that follow are only used to create a range of possible options. But the solution these problem solving options can reveal may lie outside the reality consciousness of the disputants. Once feeling validation and nurturing has created an acceptable level of rapport and trust, then NLP Interactive techniques can help clear away the clouds of semantic confusion. The needs of the disputants that underlie and energize the conflict can be made explicit. This emergence of conceptual clarity is a prerequisite for any possible solution to emerge and be found acceptable to the parties of a dispute.


Phase 3~ Bringing closure to Interactive Sessions
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PHASE 3: Problem Solving and Resolution
.Enter the process of problem solving, i.e., Interpersonal Communication Problem Solving, Steps: (8) Limit to the facts of one or a few issues, (9) Manage Feedback to detect, verify and reveal the needs of the disputants are related to emerging solutions (use the problem solving protocols presented elsewhere on this page,) (10)-- Limit options to those that are reasonably amenable to changing, (11) Do for the RECEIVER's Benefit, and (12)-- End on the UP-BEAT!!

Mediation and Facilitation of Groups

















































































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.GROUP MANAGEMENT: Special Techniques for Facilitating Group Management.

REPEAT/REVIEW~ Overview of Feedback Standards
Choose this option only if you are returning from detailed study
and want to repeat or review the Overview Sequence of Feedback Standards.


SUMMARY OF FEEDBACK STANDARDS (FOR REVIEW):
The purpose of this section is to provide an outline review of the general protocol and main ideas for interacting with others. The review includes how to give and receive feedback to the other(s) as to how you are experiencing (in feelings as well as understanding) their communication. This protocol is for the purpose of coping with conflict, and defusing and healing its destructive potential, both in one-on-one interaction, in mediating between two (or more) parties, and in overall management of group dynamics.

The use of this protocol is sometimes referred to as doing "Maintenance" or "Working the Group." This protocol is not intended to director influence the purpose or goals of a group. Rather it is designed to prevent, deal with and correct pathogenic conditions in the process that can arise and find expression through an individual, or among two or more individuals in the group. Managing a dispute or group through proper use of feedback will prevent conflict from interfering with the group achieving its goal, objective or purpose.


The reader will be returned to this page and pick up with the next level of detail--Problem Solving.

Protocols for Implementing Stable Mediation Outcomes in Selected Social Contexts



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PROBLEM SOLVING
Protocols for use in Mediation

PROBLEM SOLVING:
These are the interactive intellectual techniques that are directed to problem solving, preventing, minimizing or mediating conflict so as to clarify and focus on achieving the blocked goals and objectives. When done correctly, the issues that have energized the conflict have first been revealed to show their relationship to the frustrated or threatened needs of the disputants. Now problem solving alternatives can be addressed in terms of those needs. Mediators must understand that because they do not “own” the problems generating the conflict, neither do they “own” the solution. Once a mediator has successfully guided the disputants to understand the real sources of their conflict, i.e., their conflicted or challenged needs and values, they will be able to recognize and accept the blocked intellectual solutions that have been waiting for them to uncover.

The techniques summarized in this section should not be attempted in a mediation before the foundation work of needs and values clarification leading to trust building have been completed.

.Nine Steps of the Formal Mediation Process
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THE NINE GOALS OF THE FORMAL MEDIATION PROCESS:
Much mediation is done by experienced facilitators "on-the-fly." For example, a goal directed group could begin to develop and internal power struggle around elements of the goal that have strong but differently perceived links to the needs those who are becoming disputants. A skilled facilitator will halt the goal directed orientation of the group and call a "time out" to process (do maintenance) with the group re the developing dispute.  This must be accomplished before conflict becomes intense or polarized and otherwise adversely affects the group. When clarification of the parties needs are resolved and trust is restored and protected, the group can safely return to its clarified goals and objectives.


The organization or institution in which mediation is to be applied must be prepared to contain the formal structure and processes to promote and protect mediators and mediation processes. True Mediation requires that after assessing the appropriateness of a conflict for mediation, a formal protocol must be followed. This is an orderly sequence of steps that incorporate the educational, logistic and administrative dimensions of mediation with the technical exercises that are used to resolve the dispute.

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.Mediating and Facilitating Groups in Organizations

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MEDIATION IN COMPLEX HUMAN SYSTEMS
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IMPLEMENTING A MEDIATION PROGRAM IN AN ORGANIZATION:
Mediation programs must respect the “culture” and history of the organization in which it is to be introduced. Management of innovation techniques are applicable in the “marketing” of mediation programs. Using a systems approach to assessment of an organization's conflict, the focus on individuals must be replaced by clusters of like minded persons called coalitions, who band together for the purpose of advancing or protecting a common objective that in some ways serves the needs and values of each individual in the coalition. Since the loyalty of such groups is based on external projections of their needs, the persistence of such coalitions end to be unstable. This the resolution of organizational conflict is considerably more complex than interpersonal conflict. [UNDER DEVELOPMENT]

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.Implementing Mediation in Communities
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IMPLEMENTING A MEDIATION PROGRAM IN A COMMUNITY:
Outreach programs into communities present their own special array of challenges. Guidelines are provided for chaplains and others to initiate ADR, or identify resources that may already be present in the community so as to contribute to their further growth and effectiveness.


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This page last updated on April 8, 2006