Técnicas de mediación

Summary

This video script explores essential mediation techniques, emphasizing how mediators help parties resolve conflicts. Key strategies include separating people from the problem, focusing on underlying interests, and generating alternatives for solutions. The script highlights specific techniques like circular questioning, reformulation, paraphrasing, and brainstorming, along with the role of the mediator in guiding the process. It also discusses how the mediator helps parties understand each other’s perspectives, manage emotions, and find mutually beneficial solutions. These techniques empower parties to resolve their issues while maintaining a constructive and impartial approach to mediation.

Takeaways

• 😀 Mediators must separate people from the problem to focus on resolving the issue, not attacking the individuals involved.
• 😀 It is essential to concentrate on the underlying interests behind positions in a conflict, not just the positions themselves, to find lasting solutions.
• 😀 The role of the mediator is to help parties explore various solutions to their conflict, offering alternatives without imposing them.
• 😀 The Best Alternative to a Negotiated Agreement (BATNA) helps parties understand their options outside the mediation, ensuring they make informed decisions.
• 😀 Perception problems, emotional involvement, and communication issues are the most common barriers to conflict resolution.
• 😀 Questions are the fundamental tool in mediation, helping to guide the parties toward their own solutions and empowering them in the process.
• 😀 Circular questions prompt individuals to think about the other person's perspective and help foster empathy and understanding.
• 😀 Reformulation allows the mediator to reframe a party's narrative, presenting it from a different perspective to reveal hidden solutions.
• 😀 Paraphrasing helps clarify the message and remove emotional bias, ensuring all parties understand the conflict without negative emotional influence.
• 😀 Decoding involves reframing the conflict in a positive light, focusing on common goals, such as the well-being of children in a family dispute.
• 😀 The mediator’s role in the 'Devil's Advocate' technique is to challenge rigid positions by providing alternative perspectives, typically in private sessions, to maintain impartiality.

Q & A

What is the first premise that a mediator should consider during a mediation process?

The first premise is to separate the people from the problem. The mediator must help the parties understand that the issue at hand is separate from the individuals involved.

Why is it important for mediators to focus on the interests behind the positions of the parties?

Focusing on the interests behind positions helps identify the true needs of the parties, which can lead to more creative solutions and better resolution of the conflict.

What role does a mediator play in helping the parties find alternative solutions?

The mediator’s role is to act as a facilitator, encouraging the parties to explore different alternatives and guiding them to recognize the best possible solutions for the conflict.

What does 'BATNA' stand for, and why is it important in mediation?

BATNA stands for 'Best Alternative to a Negotiated Agreement.' It is important because it helps the parties understand their options outside of the mediation process, which can lead to better decisions within the negotiation.

What is a common problem that arises in conflicts, according to the script?

Common problems include issues of perception, emotions, and communication. These factors often distort how the parties view the conflict and prevent them from identifying effective solutions.

How does the technique of circular questions help in mediation?

Circular questions help the parties see the situation from the other party’s perspective. This encourages empathy and can help move them beyond their initial positions.

What is the purpose of reformulation in mediation?

Reformulation allows the mediator to restate the parties' narratives from a different perspective, helping them to see the issue more clearly and consider new solutions.

How is paraphrasing different from reformulation in the mediation process?

Paraphrasing involves restating the parties’ words more literally and without emotional charge, focusing on clarity. Unlike reformulation, it doesn't necessarily offer a new perspective.

What is the purpose of decodification in mediation?

Decodification involves reinterpreting the conflict at a deeper level, providing the parties with a more meaningful and positive view of the situation to encourage resolution.

What is the role of the 'devil's advocate' technique in mediation?

The 'devil’s advocate' technique involves challenging rigid positions by helping parties consider alternatives they might not have thought of. It is used in private sessions to avoid bias and maintain neutrality.