Mediation roleplay
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University of Maryland *
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Communications
Date
Feb 20, 2024
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docx
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Uploaded by dwaynelondon14
Mediation
The Exchange
Before we begin this part of the mediation, I just want to thank both the parties for their efforts
thus far and establish a few ground rules as we move forward in the process to ensure we keep productivity at the forefront as you all work toward a possible resolution.
Try to use respectful language
Try to speak one at a time
Some of things said here today may be upsetting and you may want to object
And if it’s not your turn we ask that you take some notes, because your questions/concerns are important, and we want to hear them, but we do want to give both parties a uninterrupted chance to speak So because Alcira/Kerry led us off in the initial go round this time we will alternate and allow Kerry/Alcira to go lead us off this round?
Reframing/ Rewording Acknowledgement: Showing that you understand the essence of what a person has experienced, what they want, or how they feel, with a focus on conveying empathy.
· Face the person to whom you are speaking
· Repeat or paraphrase what was said or summarize key points
· Acknowledge how they felt by using their words or reasonably intuiting
· Confirm that what you are acknowledging is accurate by phrasing in the form of a question
Repeating/highlighting: Repeating/echoing a subset of the party’s words with rising intonations to make it a question.
Paraphrasing/Restating (Plain and tactful description): Repeating back the essence of what a
speaker has said minus anything biased or inflammatory
Summarizing: Organize a number of points or actions into a short, coherent list.
Flipping negatives from the past into positives for the future: Take a party’s description of what they don’t like about the past and reword it to reflect what conditions that party would like to see in the future
1.
Ask questions and give responses to those questions – It sounds like what I’m hearing is a difference in perspective. Kerry if this correct I’m hearing you say that the terms of the agreement need to be honored and respected, is that accurate? And Alcira what I’m hearing you say is that it was an honest mistake in which you did not intend for, is that accurate?
2.
Clear up misinformation or provide missing information – Alcira/Kerry is there anything you want to clarify with Kerry as it relates to why you might be struggling to comply with
the agreement? Kerry what exactly is your concern about Alcira having overnight guests?
3.
Explore concerns – In addition to what you mentioned, talk about some of the other concerns or worries do you have as it relates to this matter?
4.
Summarize interests – Kerry, it appears that you are interested in _____ and Alcira, you seem to be interested/worries in _____
Alcira, Talk more about the clauses in the agreement and your qualms with having to comply with such an agreement? (possibly skip) So what might you both be interested in getting out of this situation today?
By the end of the Exchange:
●
Participants should have more accurate information about the situation that brought them into mediation
●
Participants will have identified what interests have to be met in order to resolve their conflict
●
Participants will be ready for problem solving
Kerry can you talk about why or what played into your decision to find a tenant who was in law school?
Key Facts/Follow up Questions: Alcira is a law student (1L) who struggled with her commute until this opportunity to rent Alcira was skeptical about the lease
Kerry wrote the lease herself, and it was closer to a roommate agreement
There were unusual clauses in the agreement (overnight guests, cleaning, etc.)
Talk more about the clauses in the agreement and your qualms with having to comply with such
an agreement? Kerry has had issues with other roommates with significant others who essentially live in home without paying rent.
Prior to moving in, Alcira was fine with the agreement. Upon moving in, she realized how restrictive it was. Alcira felt that Kerry was constantly knit picking and reminding her about the lease terms but was not subject to any of the rules of the lease herself.
Alcira and study partner were at library, library closed, study partners house was not available, so they went back to Alcira’s to finish studying where they both fell asleep (accidentally) Kerry caught study partner sneaking out, called police, and accused Alcira of violating the terms This may be a good time to take a short break so that I can confer with my partner and then we will be back in to speak with you both privately. Help yourself to snacks, drinks, water in meantime. X if you can wait in this room, and T in this room that would be great, Also feel free to take a walk and come back at 5pm. So what might you be interested in getting out of this situation today?
Judgmental Statements:
· Statements about values or principles
o Connect the judgment to a truth that all parties can agree with
o Ignore the judgment and respond to the information
o Ask what behavior the speaker is finding problematic. Check out the assumption.
· Statements about character
o Reflect back the emotion, but leave the judgment out
o Ask what behavior led to the characterization
· Statements about behavior
o Ask about what behavior they would find helpful in future
· Statements about needs and feelings
o Remind them that people can have different feelings about the same situation, but try to get them to focus on concrete examples.
o Ask them about what impact it would have if the need they are expressing was granted.
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