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GENERATION OF OPTIONS AND NEGOTIATING THE SOLUTIONS. ALEX NARTEY NATIONAL ADR COORDINATOR. This is a process or a component of the mediation process devoted to help disputants of jointly identify what the problem is and what t hey think the possible solutions are.

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GENERATION OF OPTIONS AND NEGOTIATING THE SOLUTIONS

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GENERATION OF OPTIONS AND NEGOTIATING THE SOLUTIONS

ALEX NARTEY

NATIONAL ADR COORDINATOR


  • This is a process or a component of the mediation process devoted to help disputants of jointly identify what the problem is and what t hey think the possible solutions are


  • In mediation the success or otherwise of the process entirely depends on the parties. Therefore, allowing the parties to assume ownership of the process is critical in getting a mutually acceptable outcome


  • Generating and evaluating options during mediation is therefore an effort by the mediator to have the parties speak out what their frustrations are and indicate what to their mind is the antidode to the problem. When you allow the parties to do this, they end up coming out with multiple ideas as to the solution thereby creating a host of options for analysis and eventual arrival at the best solution.


  • It is a process where the neutrality of the mediator is key in terms of body language, utterances and temperance. This exercise achieves results when it is conducted as follows


PREPARE: parties (opening statement).

  • Establish protocol: Ghost.

  • Establish confidentiality.

  • Confirm authority.

  • Confirm time (1-2 hours).

  • Describe roles for mediator and participate


  • TRANSITION: Are you ready to proceed?

  • 2. UNCOVER

  • Ask: ‘what are you here to resolve today”.

  • Listen. Look at the speaker. NO NOTES


  • Acknowledge after each party speaker: “ thank you”

  • Reframe to Neutral title for the conversation.

  • Confirm and write circumstance on chart.


  • LEARN: the significance of the circumstances.

  • Parties now talk to each other

  • -Remind parties of the GHOST protocol.

  • Invite the parties to talk to each other (tell each other what is important to you ).

  • Listen. look at the listener, wait, can take notes.

  • Trust in the process. wait. let them talk.

  • Support conciliatory gestures when left unnoticed by the other party.

  • Confirm prospects and write on chart.


  • SEARCH: The possibilities

  • Your opportunity now is to generate options that will meet your unique and common needs.

  • I will capture your ideas here on the chart.

  • What can you do to resolve the ………..looking at…………………………..

  • At this stage alternatives or possible solutions must be generated.

  • The process works best when there are ideas to work with.

  • Write down all the options.

  • Analyze each option with parties.


  • Pulse Conversation Chart

  • Proverb 15:1-3


Pulse Conversation ChartProverb 15:1-3 Mediation Profile


  • . EXPLAIN

  • Ask: what do you agree to do?

  • what would you like the plan to say.

  • Confirm the plan by reading it out.

  • Confirm commitment to the plan.


  • CLOSING

  • Review the purpose.

  • Review the process.

  • Tear up the notes to confirm confidentiality.

  • Confirm feasibility and authority to implement the plan.

  • Entreat parties to use the protocol techniques to deal with one another in other circumstances that may arise between them.


Thank you.


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