Visioning & Coaching Techniques in Mediation

Visioning has become a popular technique to help the parties to mediation

create shared objectives. This article shows how mediators can use coaching
skills to take advantage of this technique in reaching desired outcomes in
mediation.

The goal of mediation is to help the parties reach a mutually agreeable

outcome. There are many techniques that mediators use to assist the parties
in attaining this goal. Central among them is helping the parties reframe
their interests and needs in a way that will help them see what they have in
common and what they might like from each other. Some mediators take a
"problem-solving approach" to this task, while others use "visioning."
Problem-solving requires the parties to define their problems and then try to
determine possible solutions. However, a problem-solving approach can take
longer to get off the ground. As researchers at the World Resources Institute
have pointed out, with this approach, parties "can become mired in technical
details and political problems and may even disagree on how to define the
problem."1 Furthermore, people generally want to distance themselves from
problems, so a problem-solving approach may not help them create any real
fundamental change.2

Visioning Goals and Objectives

Visioning has a more positive approach. Its goal is to help parties identify
common goals. It is a way of moving forward and through, rather than away
from, a problem. Visioning tends to make the parties feel that positive
change is possible and that they have more control over the outcome. This
can encourage creative thinking and a greater commitment to the mediation
process.3

With a visioning approach, the mediator asks the parties to think about how
they would like the mediation to end. Basically, it calls on each side to assess
its position in relation to the other, and where each would realistically like to
end up.4

For example, during a private caucus, the mediator might ask a party's
representative, "If your one main need could be met, what would that be?" or
"What is your prime interest in this dispute?" The mediator would follow up
with like questions that focus attention on the party's other needs and
interests, as well as those of the adversary.
Parties often use emotion-laden terms that communicate anger and
frustration when describing their dispute. Negative feelings like these tend to
block creativity and inhibit forward movement, which is essential to making
progress in mediation. The mediator can help the parties use more neutral
language, thereby defusing highly emotional discussions into more
productive negotiations. For example, after asking the two key visioning
questions, the mediator might ask neutral questions that could advance the
negotiations. Here are some examples.

1. What fact(s) in your case would you like to change? This question could
enable a party to understand the potential weaknesses in his or her position
should the dispute proceed to trial.

2. What would it feel like to be in the other party's shoes? This question could
elicit empathy and a better understanding of the other party's perspective.

3. What do you want [need] in a future relationship with the adversary? This
question could help the party identify possible terms for a settlement, such
as a continuing relationship with the adversary (for example, an employer-
employee or vendor-supplier relationship).

4. How do you feel about the dispute?

5. How do you feel about the other party and what he [she] said [did]? What
do you really want in order to resolve this dispute?

6. If you had to prioritize your goals for this mediation, what would they be?

7. Is it important to you to resolve this dispute quickly?

8. What are the potential consequences if you can't resolve this dispute now?

9. What are your greatest concerns about not resolving this dispute now?

An Assortment of Coaching Skills

Coaches are as important in mediation as they are in sports. They help

players reach their maximum performance. To get the best results from
mediation, a mediator should coach the parties. Coaching is advantageous
because it is performance-oriented.5 It is about guiding the parties and
facilitating discussions. Mediators can use coaching to help the parties
identify their needs and interests, find common interests and clarify their
mutual goals. There are several aspects of coaching. These include the
following actions.
Acknowledging. In mediation it is essential for the parties to believe that
they have been heard. "Acknowledging" is a type of communication that tells
the parties in a non-judgmental manner, "I've heard you. Please continue."

Attending. Body language is an important means of communicating in life

and in mediation. "Attending" is body language that communicates that
attention is being paid. It includes such gestures as nodding the head,
leaning forward, and making eye contact. Certain facial expressions can also
communicate this message.

Affirming. People feel better when they receive positive feedback.

"Affirming" in mediation is a means of providing such feedback. An example
might be, "I'm glad that you have leveled with me about...." "I appreciate
that point and would like to hear more." Affirming communicates to a party
that what it has done or said has value.

Confirming. Mediation is unlikely to be successful when there are

misunderstandings. Mediators use the technique of "confirming" to repeat
key points a party has made (or ask the party to do so) to make sure that the
mediator understands what has been stated.

Pinpointing. Many facts can be involved in a dispute that comes to

mediation. Sometimes a relevant fact may be overlooked or its significance
underestimated. Pinpointing is a technique that the mediator can use to
supply specific information. For example, "You've indicated that the contract
was two years old...."

Probing. Rarely does the mediator have all the information needed at the
outset of the mediation to facilitate the parties' negotiations. Probing is what
mediators do to obtain additional information from the parties. By asking
probing questions, the mediator is often able to unearth the parties' real
interests and needs.

Reflecting. Like "confirming," "reflecting" is a communication skill by which

the mediator paraphrases , a party's statement to indicate an I
understanding of what has been I said. This can reassure a party that the
mediator has a clear idea of that party's view of the facts and position on
one or more issues, and the size of the offer or demand the party is willing to
make or accept as part of a settlement.

Reviewing. A mediation is really a cluster of communications, some of

which are . more important than others. Reviewing is a technique by which
the mediator goes over the main points of a discussion and may include
items from some of the previous discussions. For example, the mediator
might say, "Let's see what has happened here. First, you've stated that...."
By reviewing what has just transpired, the mediator can determine whether
the parties are ready to move ahead with their discussions. Reviewing can
take place at any point during the mediation. It is a useful technique when a
party has digressed or the mediation sessions have been going on for several
days.

Summarizing. Like reviewing and affirming, summarizing is another

technique that the mediator can use to emphasize the key points that have
been made. It is essential to communicate to the parties that the mediator
understands each party's point of view and the goals each would like to see
realized. While summarizing may take place at the end of the caucus, it may
be especially helpful during the caucus when making a major shift in the
discussion, such as moving from one party's version of what happened to the
other party's view of the facts. This helps the party know that the mediator is
on the party's wavelength.

The environment of mediation can impede or encourage the parties to bring

forth relevant issues needed to reach an acceptable solution. Some
techniques, such as acknowledging and attending, help create a productive
environment in which trust can be developed so that confidential discussions
can take place. Techniques like pinpointing and probing help unearth issues
that can be fully discussed in this environment.6

Coaching with a Purpose

Many conflicts are the result of failing to communicate or misunderstanding

each others' interests or needs. By using coaching skills, mediators can help
the parties work through these miscommunications and misperceptions.

They can work with willing parties to move past the parties' personal
positions and identify possible solutions. (This is fundamental to reaching
agreement in mediation on some or all of the issues. This is easier when the
parties have good negotiating skills."

Coaching can help the parties take a calmer, more patient attitude toward
working out their differences. The mediator can also coach the parties to
curb bad behavior and show respect for each other.

Coaching can also help the parties understand the need to maintain open
lines of communication for possible future negotiations.8

Coaching cannot be done as effectively when the parties are under time
pressures to complete the mediation session. Sufficient time should be
allowed so that no one is inconvenienced, stressed, or distracted by
scheduling issues.9

Conclusion
Despite what parties think, there is no "absolute" right or wrong resolution to
a dispute. Using visioning strategies and coaching skills, mediators can
create a safe, nurturing environment in which the parties can learn this,
while exploring a variety of options that will enable them to resolve their
disputes while satisfying their most important interests and needs.

Endnotes

1 "How to Conduct a 'Visioning' Exercise," World Resources Institute,

Education Center: Sustainable Communities, at
http://www.wri.org/enved/suscom-vision.html (last accessed Feb. 13, 2004).

2 Id.

3 Id.

4 "Tools for Development: 4. Visioning, What is Visioning?", at

http://62.l89.42.51/DEIDstagc/EOI/tools/chapter_04_frame.htm

5 Mosley, Megginson, & Pietri, Supervisory Management: The Art of

Empowering and Developing People (South-Western College Publishing
2001).

6 Id. at 370.

7 Bruce Blitman, "Ten Ingredients for an Effective (Mediation," ADR Currents:

The Newsletter of Dispute Resolution Lmv and Practice 2-4. (June-August
2002).

8 Mosley et al., supra n. 5.

9 Blitman, supra n. 7.

Bruce Blitman is a mediator and an attorney with a solo practice in Fort

Lauderdale, Fla. He has been certified by the Florida Supreme Court to serve
as a mediator in cases referred by the Florida county, circuit civil and family
courts. A mediator since 1989, Mr. Blitman is a diplomate member of the
Florida Academy of Professional Mediators. He currently chairs the
Academy's Community Involvement Committee. He can be reached at (954)
437-3446, or via e-mail at BABmediate@aol.com

Jeanne Maes is professor of management at the Mitchell College of Business

at the University of Alabama, South, and a faculty member at the Alabama
Banking School. An experienced facilitator, consultant and executive trainer,
Dr. Maes specializes in communication skills, conflict management,
partnering, team building and leadership. She is a member of the Southern
Management Association, the Academy of Management, and the
Organization Development Institute. She is also a certified volunteer
mediator for the district court in Baldwin County, Ala.

Blitman, Bruce "Visioning & Coaching Techniques in Mediation". Dispute Resolution

Journal. FindArticles.com. 29 Mar, 2009.
http://findarticles.com/p/articles/mi_qa3923/is_200405/ai_n9377119