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.

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GENERATION OF OPTIONS AND NEGOTIATING THE SOLUTIONS

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Generation of options and negotiating the solutions

GENERATION OF OPTIONS AND NEGOTIATING THE SOLUTIONS

ALEX NARTEY

NATIONAL ADR COORDINATOR


Generation of options and negotiating the solutions

  • 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


Generation of options and negotiating the solutions

  • 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


Generation of options and negotiating the solutions

  • 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.


Generation of options and negotiating the solutions

  • 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


Generation of options and negotiating the solutions

PREPARE: parties (opening statement).

  • Establish protocol: Ghost.

  • Establish confidentiality.

  • Confirm authority.

  • Confirm time (1-2 hours).

  • Describe roles for mediator and participate


Generation of options and negotiating the solutions

  • TRANSITION: Are you ready to proceed?

  • 2. UNCOVER

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

  • Listen. Look at the speaker. NO NOTES


Generation of options and negotiating the solutions

  • Acknowledge after each party speaker: “ thank you”

  • Reframe to Neutral title for the conversation.

  • Confirm and write circumstance on chart.


Generation of options and negotiating the solutions

  • 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.


Generation of options and negotiating the solutions

  • 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.


Generation of options and negotiating the solutions

  • Pulse Conversation Chart

  • Proverb 15:1-3


Pulse conversation chart proverb 15 1 3 mediation profile

Pulse Conversation ChartProverb 15:1-3 Mediation Profile


Generation of options and negotiating the solutions

  • . 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.


Generation of options and negotiating the solutions

  • 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.


Generation of options and negotiating the solutions

Thank you.


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