MEDIATION: BASIC SKILLS FOR MEDIATION/MEDIATORS BY OMEREKPE NNEOMA CHRISTINE
1. INTRODUCTION
In every human
activity, disputes are bound to occur. The nature and dimension however could
differ. According to Dele Peters, dispute is not only an indispensable part of
staying alive, it is a part of growth and development[i].
Modern societies all
over the world are governed by Laws and Regulations that determine the rights
and duties of individuals and corporate bodies within the society. Enforcement
of these regulations often lead to disputes and which essentially has to be
resolved using the provisions of Law.
Over the years,
disputes were settled in accordance with the tradition and customs of the
various societies. In African countries, before the advent of the adjudicatory
method of dispute management, the community elders constituted a powerful
reconciliation body that settled all disagreements and ensured peaceful
co-existence of members in the community.
With the attainment of
independence and the training of Nigerians in law, the western method of
adjudicatory concept of dispute resolution was introduced into our justice
system. This no doubt eroded the traditional method known to have kept the
people firmly together. The justice system which was inherited along with the
Common Laws constituted the foundation of our legal documents till date.
The adjudication
method also known as litigation provides litigants with one option which is
adversarial in nature. This method rather than providing succor to litigants
often leaves them worse than before. This led to so much criticism bothering on
technical issues like delay, excessive cost of litigation, perverted justice
among others. Overtime, members of the public and in particular the
international business community became frustrated and dissatisfied with the
litigation process and sought for other alternatives, giving rise to the
non-adjudicatory method to otherwise referred to as ADR[ii] (Alternative Dispute
Resolution). The mechanisms or methods employed under this concept are indeed
alternatives to the traditional adversarial Court process. Some of these
options include: negotiation, mediation, conciliation, mini-trial, amongst
others.
The phrase Alternative
to Dispute Resolution (ADR) encompasses a range of procedures other than
litigation which are designed to resolve conflicts. There is no universally
accepted definition of ADR. Some definitions of ADR exclude all processes
whereby a binding decision is given by a third party. ADR can also be defined
as a process of resolving an issue susceptible to normal legal process by
agreement rather than by imposing a binding decision.
One thing is obvious
and clear, no contract is totally without problems and no two parties can
completely agree on everything that arises in connection with whatever it is
that binds them together.
Thus, it is pertinent
to note that while conflicts or disputes are bound to occur in everyday life,
there should be a means of settling such disputes in such a way that is fair,
amicable, just and satisfactory in order to foster future relationships and
transactions for peaceful and good governance.
Disputes and their
resolutions is therefore a phenomenon which we cannot afford to ignore or sweep
under the carpet, at least for our continued existence[iii].
Alternative Dispute
Resolution (ADR) is a generic term encompassing a wide variety of dispute
resolution processes. According Black’s Law Dictionary[iv], ADR is a procedure for
settling a dispute by means other than litigation.
In the last few decades, the use of ADR has
become more prevalent within both international and domestic commercial
contracts. The reason for this is that the cost of litigation has become
prohibitive and the parties to dispute and their advisers are now considering
alternative methods to resolve disputes which are cheaper, quicker and will not
lead to a breakdown in the working relationship of the parties. Having
identified negotiation as one of the ADR mechanisms, it is therefore pertinent
to focus on the skills in order to arrive at peaceful resolution of disputes. A
detailed examination of each of the ADR processes is beyond the scope of this
paper. The aim of this paper is to discuss in concise detail mediation skills
and what a potential mediator must know.
1.
MEDIATION
Many definitions of mediation have been
provided. It is “a voluntary dispute resolving process in which a neutral third
party, the Mediator, facilitates and coordinates the negotiations of disputing
parties with a view to resolving, or reducing the extent of the dispute”[v].
Another author defined it as “An intervention by a third party neutral designed
to facilitate negotiation; a voluntary and
confidential process in which an
impartial third party assists disputants
in finding a mutually acceptable
solution to their dispute”[vi].
In the Mediation Training Manual of India[vii],
the basic characteristics of mediation was explained that mediation is a
voluntary , party-centered and structured negotiation process where a neutral
third party assists the parties in amicably resolving their dispute by using
specialized communication and negotiation techniques.
The following definitions were provided in
Segun Ogunyannwo[viii]:
Mediation is a process in which an impartial person, the Mediator, intervenes
and facilitates communication and negotiation between contending parties to
promote and achieve reconciliation and mutually agreed understanding and
settlement. Mediation is a private, voluntary and informal process were
party-selected neutral assists disputants to reach a mutually acceptable
agreement. Mediation is a voluntary (unless ordered by a court), non-binding,
private dispute resolution process in which a neutral person helps the parties
try to reach a negotiated settlement. The author further explained that
Mediation is voluntary in the sense that, in the majority of cases, it takes
place as a result of the parties agreeing to enter the mediation process.
Mediation is non-binding unless and until an agreement is reached except in
cases where it is court referred or contractually mandated. The agreement then
becomes an enforceable contract[ix].
1.1.
CHARACTERISTICS
OF MEDIATION
A key aspect of mediation is that the
mediator does not sort things out or make any decisions for the parties
involved. Instead, he or she helps the parties involved to develop their own
agreement.
Mediation involves
·
Voluntary participation
·
Face-to-face discussions between the
parties in conflict
·
An unbiased mediator without any
decision making power that helps those involved to understand each other’s
point of view and come to an agreement.
·
Equal opportunities for all parties to
speak and explain their perspective.
·
All relevant information being shared.
·
A shared agreement between the parties.
2.
STAGES IN THE MEDIATION PROCESS
Although
every conflict and mediation process will be slightly different, there are a
number of steps which you will need to consider in every case and points to
take into account.
A) Preparation Phase of Mediation
i.
First Contact and Re-affirming
Confidentiality:
At the first contact, it is very important for the mediator to build and
reassure the party of confidence in the upcoming mediation process. This will
be possible through the use of interpersonal and communication skill which the
mediator possesses. At this first contact stage, the mediator must address the
issues of mediation agreement, use of legal representation or advisers; have
the parties experienced mediation before? Will someone with authority to settle
be present or available? Do the parties require a particular mediator or one
with subject-matter expertise? Are legal proceedings under way? Will they be
stayed during mediation? Confirmation of mediation fee and payment terms,
explanation of the process and the mediator code of conduct, provision of
refreshment, should also be considered. There should be room for briefing and
helping the parties to prepare. On the matter of fees, according to Segun Ogunyannwo,
the mediator should collect his fee before the mediation commences.
ii.
Mediation Agreement/Clause:
The next consideration is the mediation agreement which will deal with
conditions under which mediation will take place including confidentiality,
authority to settle, immunity of the mediator and privilege. It will also
include matters like selection of mediator (parties will decide), timetable for
mediation, and convenient venue for mediation.
B)
The Opening Phase
Introductions
On the day of the
mediation, the mediator usually arrives at the venue early so that he can greet
the parties as they arrive. The mediator is likely to visit the parties
privately before the start of the mediation in order to answer any queries
about the process or timetable for the day. He may ask them to clarify how they
would prefer to be addressed. The mediator will then call the parties together
for the opening of the joint meeting. The mediator will direct everyone to
their seats and then ask everyone present to introduce themselves. The mediator
will take a central position at the table and have the party’s seats closest to
him. The parties should seat facing each other. The lawyers (where present)
will seat on the other side of the parties and anyother witnesses or experts
will be seated on the other side of the lawyers.
The mediator will then
proceed to open the mediation by making a formal statement. The value of the
opening statement cannot be underestimated as it sets the tone for the day and
can influence the parties’ expectations of an attitude towards the day and
encourage them to commit to the process. In the opening statement the mediator
will usually introduce himself and give an outline of his qualifications and
experience. This may help the parties to gain confidence in him. The mediator
will also explain what the mediation process is all about, the stages in the
process and the roles of the parties. The mediator is to confirm that he is
neutral and that he is not there to decide the case but merely to help the
parties reach a mutual agreement. Ground rules are also set out.[x]
C)
Parties’ Statements and Mediator’s Summaries.
Each party presents a statement of dispute
from his or her perspective. Parties’ statements are noted and summarized back
by the mediator, checking the parties for accuracy. The advantages of this
procedure include:
·
Assuring
the parties that their concerns have been heard by the mediator and each other.
·
Providing
opportunities to create a positive social atmosphere conducive to effective
negotiation; and
·
Providing
two opportunities for an appreciation of each party’s perspective.
An issue in mediation
is any element of the dispute expressing a party’s interest(s) or need(s) that
is capable of being addressed effectively in the mediation process. There are
many ways to characterize the issues. Some may be identified as economic
issues, others as non-economic or behavioral issues. Some may involve an
agreement to do or to stop doing something; others may require a verbal apology
and no more. The mediator should not just accept the statement of the problem
in the terms used by the parties. Having categorized the issues, the mediator
will establish priorities over them from most important to the least important.
The following technique will help the mediator identify matters of priorities:
Identify the matters to which the parties continually refer.
i.
Structuring/Mapping the Discussion of Issues:
This is a technique which helps the mediator, the parties and the
mediation alike. After the mediator must have identified, characterized and
prioritize the issues, the mediator will structure how the issues will be
discussed. This will allow orderliness in discussion, help to cover all
necessary grounds and prevent unnecessary confusion or incoherence. This will
serve as a guide-map of each element of the dispute in a planned and rational
way. There are many ways to structure the issues. Examples are:
·
Principle of momentum, which is starting from
the insignificant to the significant while resolution of the insignificant will
pave way for an agreement on the significant.
·
Discuss the ‘easy’ issues first,
·
Divide the issues by category and begin
discussion with that category that can be resolved most rapidly,
·
Identify abstract principles of conduct to
which parties can assent; then, apply those principles to particular elements
of the dispute,
·
Identify issues according to the time
constraints attached to them; then, deal first with the most urgent,
·
Establish a chronological sequence of event or
issues; then deal with them in
chronological order,
·
Determine the casual relation of various
issues in the dispute and go after the prime or first cause,
·
Discuss the ‘hardest’ issues first (this can
work, depending on the complexity and nature of the dispute. It also negates
the principle of momentum.).
D)
Private Caucuses
Almost all mediations will involve the parties
spending time in closed meetings. The private caucus is a chance for each party
to meet privately with the mediator to discuss the strengths and weaknesses of
his/her position and new ideas for settlement.
After gathering
information and allowing the parties to vent their emotions, the mediator makes
a judgment whether it is necessary to challenge or test the conclusions and
perceptions of the parties and to open their minds to different perspectives.
Reality-testing may involve any or all of the following:
·
A detailed examination of specific elements of
a claim, defense, or a perspective;
·
An identification of the factual and legal
basis for a claim, defense, or perspective or issues of proof thereof;
·
Consideration of the positions, expectations
and assessments of the parties in the context of the possible outcome of
litigation;
·
Assessment of witness appearance and
credibility of parties;
·
Inquiry into the chances of winning/losing at
trial; and
·
Consequences of failure to reach an agreement.
The techniques of reality-testing include:
·
Asking effective questions,
·
Discussing the strengths and weaknesses of the
respective cases of the parties, without breach of confidentiality, and/or
·
BATNA/WATNA /MLATNA analysis[xii].
ii.
Other Perspective:
This is seen the issue from different points of view different from the
parties or the person having that view. It is mentally putting oneself in
another one’s shoe. This may help a lot in resolving the dispute. It must
however be done with discretion as a party may even say he or she can never be
in the other person’s position.
E)
Negotiation/Bargaining Phase
After caucuses, the mediator may bring the
parties back to negotiate directly. Once the mediator has gotten
all the facts and distilled the interest or need of the parties, the mediator
should now begin to use every available opportunity at resolution to move the
parties to agreement. It is in fact the negotiation phase of mediation. The
mediator will employ every skill to ensure that the parties make the final push
to settlement. The mediator will shuttle between the parties, putting forward
offers or concessions and the other in which they should be made during the
process in order to maximize the chances of settlement.The
role of a mediator here is chiefly to ensure that all participants are equally
involved in generating options and developing evaluation criteria and that they
cover all parts of the problem. The mediator is to make sure that they are
reflecting the opinions of the parties and not his/her own. Once the options
have been evaluated, the mediator needs to guide the parties to a single
solution that suits all parties and help them to fine tune it if necessary.
An
agreement should be SMART. It should be Specific, Attainable, Measurable,
Realistic and Time bound. A mediator can help the parties achieve this by:
·
Writing down the proposal in neutral
language and reading it back to them.
·
Writing down individual points so that
they are clear and understood
·
Clarifying any general or vague points
by asking the participants to agree to concrete behavioral changes with
deadlines for achievement.
·
Avoiding legalistic language and keeping
everything simple.
·
Summarizing progress and next steps
including setting a deadline for any future meetings and identifying any
remaining areas of difficulty and options for their resolution.
·
Being positive about progress and the
fact that everyone has remained engaged.
F)
Closing Stage
If a settlement has been reached, the mediator will confirm the terms
agreed and may put its main provisions in writing as the parties listen. The mediator
may ask each side to sign the written summary of the agreement or suggest that
the parties take it to their lawyers for review. If the parties so wish, they
can write up and sign a legally binding contract. If no agreement was reached,
the mediator will review whatever progress has been made and advise every one
of their options including a possible return to mediation at a later date.
3.
BASIC SKILLS IN MEDIATION
The skills of conflict
resolution are crucial in contemporary life, professionals in business, public
bodies and the laws are increasingly expected to act in a collaborative way and
to resolve conflicts without the delay and expense of litigation. Mediation is
fast becoming a core skill. An effective mediator must understand what his
or her role is in mediation. As a neutral third party, the mediator listens
carefully to the parties and helps them communicate to resolve their
differences. The mediator assists the parties in reaching a settlement which is
agreeable to all involved. If an agreement is reached, the mediator will write
out the details, have the parties sign and give copies to all parties[xiii].
For a mediator to effectively and efficiently carry out these roles and
functions, he is required to possess certain skills.
The basic skills and competencies include but are not
limited to the following; good communication skills, conflict
management/resolution skills and negotiation skills, active listening, oral, written and non-verbal communication skills,
information analysis skills, planning, time management, organizing, and
generating options. The qualities required will include empathy, impartiality, and
non-judgmental, professional, honest, credible, flexible, person of integrity.
A mediator may also require expert knowledge in the particular field,
especially in disputes involving technical issues[xiv].
These skills come handy at different phases or stages of mediation.
3.1.
Communication
skills.
The tools of a mediator are primarily words; therefore communication in
mediation is probably the single most important way to bring about
understanding, cooperation and change. More than just words, effective
communication combines a set of skills including non-verbal communication,
active listening, and the capacity to recognize and understand your emotions as
well as those of the person you are communicating with. Clarification is a
technique used extensively in mediation. When a message is unclear, the
mediator may seek clarification by asking what is meant or saying what is
understood and checking it out with the person making the statement whether
that was what they meant.
3.2.
Active Listening:
Active listening is a
skill that can be acquired and developed with practice. Active listening as the
name suggest, actively listening. That is, fully concentrating on what is being
said rather than just passively hearing the message of the speaker and helps
the mediator discover hidden agenda of a party, if any, exists. The mediator
must listen to the parties. If these hidden agendas are not discovered, it will
be difficult to have a resolution that will lead to mutually acceptable
agreement. Active listening is important not just for the mediator but also for
the parties. The parties will have greater confidence in a mediator who
actively listens[xv].
Here are some
guidelines[xvi]
to help the mediator be certain that he or she is listening effectively:
·
Be Patient: Do not complete the thoughts of a
party. Let him or her tell the mediator what he or she thinks.
·
Do not Interrupt
·
Understand first, and then Evaluate: Do not
argue mentally with the speaker.
·
Concentrate: Eliminate all distracting
activities.
·
Monitor the rate of discussion: Wandering mind
is not allowed.
·
Maintain a smiling, open posture with a
forward lean, and eye contact. Sometimes, you can give a nod or touch depending
on whatever you want to achieve.
3.2.1.
Questioning Techniques:
·
Open-ended questions, these are questions
which allow story-telling or narrative answers. It is designed to elicit an
expansive answer. Open ended question should be utilized fully during the issue
identification process.
·
Close-ended question, these are questions that
limit the answers to either yes or no or that limit the answerer to a
particular answer. It is used during cross examination in Court. But in
mediation, it should be used sparingly and carefully because it can inhibit
flow of discussion and give room to hidden agenda. What is? Where is? Is that
correct? Etc.
·
Leading question, this is a question that is
suggestive of the answer. Example is, ‘You were at the party on Saturday?’
While this form of question can be used to extract important information, it is
judgmental and apt to be view by the parties as accusatory.
·
Simple question: avoid using multiple
questions because this does not allow enough room for thought and can lead to
confusion.
·
Challenging: Where rapport has already been
built, the mediator can challenge the position or action of a party. However,
this must be used tactfully. Failure to challenge sometimes may be patronizing,
prevent progress, compromise the mediator’s integrity, ignore discrepancies,
evasions and inconsistencies, and falsely indicate agreement or acceptance of a
position or view. While challenge may enable the parties to develop new
understanding and awareness, it may help the parties to see things more
clearly, get a fuller picture, gain alternative insights, identify implication,
change perception, see the situation from points of view other than their own,
get a more objective view, develop a new outlook, question their own
assumptions, and examine discrepancies and inconsistencies.
·
Other examples of question are: Question
seeking justification for position or action e.g. why wouldn’t this proposed
solution be workable, Mr Alex? Repetitive questions are questions which ask the
respondent to repeat an aspect or his story. E.g. could you repeat for just
once more what transpired at the party last Saturday night? This is helpful in
the fact gathering stage. Examples of question forms that should be used are
Ritual questions. Information request questions are also used to initiate
conversation at the initial or opening stage.
3.2.2.
Paraphrasing, Reflecting, Reframing and Summarizing:
These are skills which consolidate, draw
together and demonstrate understanding of what has been said, thereby
establishing basis for moving forward. Paraphrasing is stating in few words of
your own what someone has just said. Reflecting is putting into words the
situation including the underlying emotion. Reframing is rewording a statement
for positive effect. Summarizing provides an overview of the main thoughts,
feelings, themes, and issues as expressed during a conversation.
4.2.3 Non-Verbal Communication:
The mediator must be
observant of the parties’ non-verbal communication and keep his own
professional. The three components of non-verbal communication are body
movements, facial behavior, vocalization and spatial distance.
3.3.
Negotiation skill:
Strategic negotiation
is an attempt to influence another person through an exchange of ideas or
something of material value. Negotiation has two strategies: Positional
Bargaining and Principled Negotiation.
·
Positional bargaining is characterized by the
following: each side takes its best position on demand or offer, a period of
justification follows, entrenching the first extreme position, discussions take
place where parties haggle, threaten, bully, cry or lie, in an effort to
extract movement or agreement from the other side, concessions are exchanged
and settlement is usually achieved somewhere in the middle of the bargaining
range, depending partly on the balance of power between the parties. Positional
bargaining is good in one-off deals. This is not advisable in mediation.
·
Principled negotiation: This strategy
negotiates on the basis of principles rather than positions, being tough on the
problem rather than the people, encouraging problem solving, using objective
standards to support decision making and aiming for a wise outcome reached
efficiently. It considers the Best Alternative to a Negotiated Agreement
(BATNA). This is a good tool in mediation.
·
The use of persuasion:
The following are ways
persuasion can be effectively done: Use facts and logic, Use uncertainties
about facts to create doubts in parties’ perceptions and conclusions, Use a
party’s inconsistencies to build potential resolutions, Alternate discussion of
the issues and proposed solutions according to the respective vulnerabilities
of the parties, Get the parties to focus on the future, not the past, Emphasize
to the parties the costs of not settling the dispute, Identify mutual needs
that might be met by settlement, One of the most effective strategies for
movement is the identification of potential trade-offs in a dispute, By getting
parties to imagine themselves in each other’s places, the mediator may be able
to assist the parties to be flexible and considerate, Create and use a time
constraint when appropriate, Be the agent of reality, and get parties to agree
on a procedure for addressing unresolved issues.
3.3.1.
Breaking Deadlock:
Deadlock may arise on
a particular issue or because of animosity between individuals on the same or
opposite side. The strategies to break deadlock include helping the parties to
shift from positional to principled negotiation, from competitive to
co-operative mode, to seeing this as a joint problem that can be jointly
solved. Allowing venting of emotions, find a concession that is cheap to make
but valuable to receive, taking a break; allowing emotions to cool; giving time
to reassess, introducing wit and humor, breaking down the problem into bits,
changing strategy when it is not working, introducing a deadline, highlighting
the progress made so far, introducing new information, changing the balance of
risk-sharing, changing the negotiation team, intervention by more senior
executives, changing the rhythm of the process.
3.4.
Drafting Skill
Where no lawyers are present, the mediator’s
task is to help the parties in writing the agreement. Highlight to them how the structure of the
agreement will be.
·
The element of the agreement should be
recorded.
·
List first those items which obligate both
parties to do something.
·
Then, list the individual obligations incurred
by the respective individuals.
It is appropriate for
a mediator to know the dos and don’ts of his role in mediation. The Don’ts[xviii]
include:
·
Don’t get swamped by detail. Be selective in
your preparation for the mediation. The parties know the detail and will tell
you if it is important.
·
Do not appear to be a judge or arbitrator or
let the parties treat you as such. Do not cross-examine parties or advisers. Do
not suggest that you will give an opinion or evaluation.
·
Do not take lots of notes; you lose eye
contact and can miss important communication. If necessary, get your assistant
mediator to be scribe.
·
Don’t make assumptions about parties, causes,
merits or fairness. Don’t criticize poor preparation, presentation or
negotiation. Don’t interrupt. Don’t ask questions that indicate you favour one
party’s argument or position.
·
Don’t play devil’s advocate. It is almost
always misinterpreted as being your point of view; so, when challenging and
reality-testing, for example, be direct.
·
Don’t impose your solution, even if you see it
early and believe it is the best. Don’t believe a bottom line is the bottom
line; don’t ask for one too soon. Don’t put a party into a corner with no exit.
Don’t press for settlement at any cost, particularly if the reason is to
maintain your personal success record.
There are some mistakes[xix]
lawyers make during mediation which must also be avoided.
·
The failure to effectively communicate
willingness and ability to try the case;
·
Making aggressive opening statements;
·
Mediating without necessary parties;
·
Mediating with parties with insufficient
authority;
·
Mediating too early or too late in the case;
·
Setting aside insufficient time for mediation;
·
Failure to adequately prepare the case;
·
Failure to adequately prepare the client;
·
Revealing a bottom line to the mediator; and
·
Failure to understand the status of a pending
settlement.
5.
CONCLUSION
In conclusion, the useful skills of a mediator
can be summarily listed[xx]
as follows:
a)
Interviewing/questioning:
getting information from people in a way that makes
them feel free to speak;
b)
Active Listening: being able to concentrate on everything expressed by a speaker (the
words, the feelings expressed and the body language of the speaker);
c)
Summarizing: being able to sum up everything in a few words;
d)
Translating: accurately putting what is said into another language;
e)
Simplifying: putting difficult arguments/words into simple, clear language
f)
Chairing/Facilitating:
running a mediation session in a way that encourages
everyone to participate;
g)
Note-taking: writing down (recording) all the important points;
h)
Drafting: drawing up an agreement reached by the parties;
i)
Observing: keeping an eye on people's feelings/reactions during a meeting;
j)
Counseling: giving advice and support during a mediation session, especially during
personal conflicts;
k)
Negotiating: trying to persuade each side in a mediation session to compromise on
some issues;
l)
Strategizing: thinking of ways to get both sides to agree on
some points those categories that appear least onerous to the party undertaking
the obligation. List all the non-money matters first and then the financial
obligations. The agreement should reflect a sense of balance between the
parties.
The parties should sign any agreement that
emerges from the session and the mediator should sign as witness. It can also
be notarized, if so desired. But before the parties sign the agreement, ensure
it is read to them. Get the confirmation that it represents their intentions.
Provide each party a copy of the agreement before each party leaves. Above all,
end with the parties on a positive note.
It
is important to remember that mediation may not always work and that is not
always the fault of the mediator. If participants do not come willing and ready
to find a shared solution, it is going to be an uphill task to mediate one. A
good mediator should always try to be aware of what else is going on and should
try to understand hidden agendas and barriers to effective problem solving. An
effective mediator will also be able to distance themselves from the problem.
The role of the mediator is to help others resolve their problems in a mutually
agreeable way without getting bogged down in the problem themselves.
[i] Dele Peters, 2004.
Dispute Resolution in Nigeria, Principles and Practice. Dee-Sage Nigeria Ltd.
[ii] The Centre for
Effective Dispute Resolution (CEDR) Mediator Handbook: Effective Resolution of
Commercial Disputes. 2004. 4th
ed. London: CEDR p.9
[iii]Taiwo, L.O. 2004.
Alternative Dispute Resolution Methods: The Panacea for Court Decongestion in
Nigeria. Published in Ife Juris Review vol. 1 part 2, p. 321
[iv] 8th
Edition 2004, p.244
[v]Elaine Wint.Enhancing Your Mediation & Negotiation Skills.Facilitated
at Caribbean Tourism HR Conference – 2008:https://www.onecaribbean.org/content/files/ElaineWintMediationBVIHRConf.pdf.At 32.
[vi]Mediation Skills in Conflict Resolution.Federal Mediation and
Conciliation Service:
http://www.iafc.org/files/lmiConf11_MediationSkillsinConflictResolution.pdf.at
p.24.
[vii]Mediation Training Manual of India. Mediation and Conciliation Project
Committee of the Supreme Court of India:supremecourtofindia.nic.in/MEDIATION%20TR;
mediationbhc.gov.in/PDF/concept_and_process.pdf.At p.16.
[viii]Segun O. 2005. At 86.
[ix]Segun O. 2005. At 86,87.
[x]Blake, S. Browne, J.,
Stuart, S., 2010, A Practical Approach to Alternative Dispute Resolution,
Oxford University Press.Pg 219.
[xi]Mediation Training Manual of India. Mediation and Conciliation Project
Committee of the Supreme Court of India:supremecourtofindia.nic.in/MEDIATION%20TR;
mediationbhc.gov.in/PDF/concept_and_process.pdf.At p.30.
[xii] BATNA: Best
Alternative To Negotiated Agreement; WATNA: Worst Alternative To Negotiated
Agreement; MLATNA: Most Likely Alternative To Negotiated Agreement.
[xiii]OJC Brochure: Mediation. Ohio Judicial Conference: www.co.williams.oh.us/.../OJC%20Brochure%20-%20Mediation.ashx.pd.
[xiv]Mediation: An Approach to Resolving Workplace
Issues. 2013. Chartered Institute of Personnel and
Development:www.acas.org.uk/.../pdf/.../Mediation-an-approach-to-resolving-wor.At p.22.
[xv]G. R. Thomas. Mediator’s Skill. 2004.ADR News: The NADR Quarterly News
Letter.Volume 4 Issue
No1:http://www.nadr.co.uk/articles/published/mediation/Mediator%20Skills%20Thomas%202004.pdf.
[xvi]Segun O. 2005.
[xvii]Segun O. 2005.At 151,
152.
[xviii]Segun O. 2005.At 153.
[xix]Segun O. 2005. At 165
– 167.
[xx]Advance Mediation
Skill - Course Book, Centre of Conflict Resolution. 2000. Waternet, CCR,
Catalic, ISRI, UNESCO-IHE Delft, Uz: http://unesdoc.unesco.org/images/0013/001333/133319e.pdf.At p.9.
Comments
Post a Comment