Mediator Forum Format
Small group discussion where Mediators share their favorite techniques, experiences, interventions, and approaches. Registrants will be provided the list of discussion topics below. After a brief introductory session, you will be randomly divided into small groups by Zoom. Each group will select a discussion leader to manage the discussion; and a “scrivener” to keep notes for posting your best ideas in the ADR Section resource library. After a time, new groups will be randomly selected to continue the discussion and exchange with a different group of colleagues. We expect two sessions, each of which will be assigned different topics from the list below.
Mediator Forum Discussion Topics
· Do you consider yourself an evaluative mediator, a facilitative mediator, or a combination of both? If both, under what circumstances and how do you do so? What explains your choice?
· Is it important for the mediator to know the negotiation history and most recently communicated proposals of the parties before the mediation begins? If so, how do you go about learning that history? Do you ask when the lawyers are together or ex parte? Explain your practice.
· Do you try to influence which party should make the first proposal once the mediation commences? Do you try to work this out in advance or during the mediation itself? Why?
·How do you approach a participant who resists your recommendation to go first?
·As your general practice, who communicates monetary proposals and counterproposals to the offeree? Do you ask the parties to do it in joint session or does the mediator do it in caucus? If in joint session, do you review the proposal with the party privately first? Under what circumstances, if any, do you believe parties should deliver their proposals themselves?
·If an offeror does not provide one when outlining a proposal, do you solicit a rationale or explanation for their number? What is your purpose in seeking a rationale? Should the explanation be communicated to the offeree along with the proposal? Why or why not?
·In regard to opening offers, should the mediator simply communicate a proposal or counterproposal, or, encourage the offeror to modify it in some way? Does it matter whether the mediator suspects the proposal will be counter productive?
·What is your practice in delivering and sequencing opening offers? Do you communicate an offer first or engage in risk assessment first? Explain your practice.
·How do you deal with party impatience and consternation when the pace of negotiations is proceeding slowly? Does it matter whether you agree or not?
·Once the negotiation process has proceeded for a round or two, how do you deal with proposals you suspect might be perceived as “insulting?”
·During the negotiation process, do you keep track of the mid-point between each proposal and counterproposal? For what purpose?
·Do you use visual aids to assist in communicating proposals or in tracking the negotiation process? Explain?
·Are you willing to make a mediator’s proposal? When and under what circumstances? What is your practice in making a mediator’s proposal? How do you do it?
·Other than making a mediator’s proposal, what are your favorite techniques for managing the negotiation of economic proposals and counterproposals?
Mediator Forum Facilitators
Zena Zumeta
Mediation Training and Consultation Institute
Shel Stark
Arbitrator and Mediator
Moderator and Facilitator