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#Infographics – #NegotiationTechniques

Negotiation is the process where interested parties resolve their conflict, agree upon courses of action, bargain for individual or collective benefit, and / or attempt to create outcomes which serves their mutual interests.

In negotiation the disputants resolve their differences outside the  court by entering into negotiation. There are no rigid rules, technicalities and complicated procedures.

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#Infographic – Indicators of Effective #Mediation

Mediation is often assessed in terms of single factor only: whether involved parties reached settlement or not, irrespective of the way in which it was steered or the quality of the outcome. While effectiveness of outcome is obviously important, there is wider range of indicators of a competent and effective mediation.

 

 

Feature Image Source: here

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It’s Better To Stand Up Against It.

Largely, it has been assumed that sexual harassment happens only to women.

But according to a survey conducted by the Association of Women for Action and Research (AWARE), 79% of the victims were women and 21% were men.

This issue isn’t restricted to any gender, community, type of workplace or any other basis. It is prevalent everywhere and needs to be considered for the safety of every individual going out of their homes to work.

Let’s #StandUp against #SexualHarassment

 

#Webinar – You too? #MeToo: Workplace Power Imbalance by

Dr. Buddy Thornton

Webinar Details:
Duration: 1 hour
Date: 5th April 2018
Time: 10:30 am PST to 11:30am PST
Register till 31st March 2018 to enjoy early bird discount
Registration & Webinar Details: http://bit.ly/2G4iSM6

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Attributes of a Good Mediator

There is no formula for figuring out who the “best” mediators are – there is no governing body that determines minimal qualifications for a professional mediator. Even if there were, education and training don’t guarantee competence, because a “good” mediator also possesses certain internal attributes that aren’t necessarily learned in a classroom. They just simply can’t be learned in a classroom. They are internal traits which are either inherent or learnt from one’s own environment.
This article lists external and internal attributes that the most effective mediators possess.

External attributes

Mediators in the United States are not required to meet a uniform standard of education or training for beginning to practice mediation; each state has its own requirements, or, in many cases, none at all. It depends from situation to situation and place to place.
For this reason, it can be difficult to evaluate the qualifications of a potential mediator. We recommend paying particular attention to the following external attributes of mediators you are considering to hire:

Training/Education

How much training has the mediator received?

Was any of the training specific to a certain area of practice (e.g., family, landlord/tenant)?

How recently was the mediator trained? Do they attend refresher courses and keep up on current mediation techniques?

Where was the training conducted?

Does the mediator have a degree in dispute resolution or a related field? If so, from where (e.g. online, law school, university)?

These questions do held relevance, even though just a degree is not enough to know the competence of a mediator.

Certified or certificated? (If required in your state)

Is the mediator actually certified or certificated?

What organization issued the certificate?

What are the requirements of that certificate?

When was the certificate earned?

This will let you know the ‘value’ of you mediator, and will give you a fair abour his or her skills.

Experience

For how long has this mediator been in practice? Full-time or part-time?

How many mediations has this mediator conducted, and how many were similar to yours?

Does this mediator specialize in the area of your particular dispute?

This one is important. More the experience, more the tact. Experienced mediators often have higher success rates than the ones who are not that experienced.

Professional memberships

Does this mediator belong to an organization requiring adherence to certain standards?

Does this mediator serve on the board of any relevant organizations?

This again gives an idea about the standing and influence of a mediator.

Philosophy and approach

What philosophy does this mediator apply to their work? Do they describe their work as facilitative, transformative, and/or evaluative? Take note of how the mediator describes their process, then consider what that would look like when applied to your case.

What kind of interaction with disputants does the mediator like to have?

Fees

Are fees charged by the session, by the hour, by the case?

What is included in these fees?

This one is also  important and should be decided beforehand so there are no disputes about it afterwards.

Internal attributes

What about the things that can’t be listed on a profile page? There are five ways to know about the competency skills which cannot be presented on the paper:

Investigative

Effective mediators are able to quickly identify relevant information. They ask questions to gain an understanding of both the facts of the case and of parties’ underlying interests and motivations. This investigation helps them in understanding and resolving the case.

Empathetic

Mediators should handle the knowledge of parties’ underlying interests with empathy and consideration. They are willing to ask emotionally difficult questions and do so in an unbiased and respectful manner. A non empathic mediator has lower success rates.

Inventive and problem-solving

Effective mediators help disputants discover common ground and guide them toward mutual understanding from there; they are willing to be inventive with unusual situations. This will help you reach faster to a resolution.

Effective presenter

Verbal expressions, gestures, and eye contact are consistently and effectively used by good mediators to structure an environment in which disputants are willing to re-examine their positions. They maintain a safe and relatively calm atmosphere with confidence and communicative body language.

Capably manages interactions

Mediators should keep the parties on track and working toward the issues they have identified as central to their conflict, and call for breaks or private caucuses when needed. A good mediator knows when allowing tension to rise will be productive and when to effectively defuse tension. These tactics must demonstrate sensitivity to the disputants’ needs (e.g., emotional, cultural) and remain neutral.

After the mediation

After you select your mediator – and hopefully, settle your case – it’s time to help others consider this mediator for their own cases. A testimonial and/or recommendation of your mediator provides vital information for other people in conflict, particularly about the mediator’s internal attributes that can’t be seen on a profile page.
Additionally, a testimonial helps to spread the word that mediation is a quick, confidential, and cost-effective way to settle disputes out of court. A mediator should be selected very carefully and in no haste.

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Is there any #SafeCity ?


The United Nations General Recommendation 19 to the Convention on the Elimination of all Forms of Discrimination against Women defines sexual harassment of women to include:
“such unwelcome sexually determined behaviour as physical contact and advances, sexually coloured remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment.”

Even after the passing of several laws, there is still no place that can fully justify the definition of “safe”. Most of the laws are not gender neutral. Even after the implementation of laws, crimes continue to be committed. In today’s world, no person is safe even in the boundaries of their own place called home. Sexual harassment is not a crime that is limited to the office space or the roads. In many, and that means an extremely large number, of cases, the person harassing the victim is a family member or a relative. Women are harassed by their own husbands, daughters by their own fathers, sons by their own uncles. This is merely the start, the list goes on and on, and continues proving itself to get more horrific.

After the pressing of sexual harassment charges against the powerful Hollywood film producer, Harvey Weinstein, women from different parts of the world came forward to narrate their own stories of harassment. This included famous stars and normal middle-class people.

Let’s #StandUp against #SexualHarassment

 

#Webinar – You too? #MeToo: Workplace Power Imbalance by

Dr. Buddy Thornton

Webinar Details:
Duration: 1 hour
Date: 5th April 2018
Time: 10:30 am PST to 11:30am PST
Register till 31st March 2018 to enjoy early bird discount
Registration & Webinar Details: http://bit.ly/2G4iSM6

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Exploring Mediation

Is going to court the best way out for any legal matter? Or, is there a better alternative? And how will the legal industry look like in the next 5 years?

Let’s find out in this special feature where Prerna Foundation and KyaBae come together, with our host, Parzaan Dastur interviewing Mr. Prathamesh D. Popat.

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Blocks to Listening

It is common, when listening to someone else speak, to be formulating a reply whilst the other person is still talking. However, this means that we are not really listening to all that is being said.

Even good listeners are often guilty of critically evaluating what is being said before fully understanding the message that the speaker is trying to communicate. The result is that assumptions are made and conclusions reached about the speaker’s meaning, that might be inaccurate. This and other types of ineffective listening lead to misunderstandings and a breakdown in communication.

There are many things that get in the way of listening and you should be aware of these barriers, many of which are bad habits, in order to become a more effective listener.

Barriers and bad habits to effective listening can include:

 

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What if Conflicts were not Bad?

Very interesting TedxTalk on Conflict. It deals with the question: What if Conflicts were not Bad?

It talks about mediation without labeling it.

The important shift from trying to manage people with the conflict to ensuring there is a process in place that allows your parties to be vulnerable!

The video dates from 2015, but it gives some interesting perspectives for workplace conflicts. How do you deal with conflicts?

 

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Active Listening in Mediation

The object of active listening in conflict resolution is to acquire and demonstrate understanding of the other, which will serve as a basis for reaching joint decisions and resulting in resolving a conflict. In order to succeed in this, active listening has to focus on common problems in oral interpersonal communication. This presentation mentions the few ways in which active listening can be practiced and also deal with communication pitfalls during mediation.

 

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Workplace Conflict & Strategies for Management

Conflict is a normal and natural part of any workplace. When it occurs, there is a tendency for morale to be lowered, an increase in absenteeism and decreased productivity. It has been estimated that managers spend at least 25 percent of their time resolving workplace conflicts – causing lowered office performance.

 

NOTE: To enlarge the slides click this icon185194-200