Preparing Clients for Mediation Involving Relational Conflict

Understand the impact of relational conflict to avoid derailment

When a client is preparing for a mediation, it is likely that you are typically focused on providing them with the best possible technical advice (legal/accounting/HR) so that you or they can advocate effectively in order to secure the best possible outcome for them.  It is likely that you will be focused on helping them to secure outcomes that are consistent with legal principles and case law and that are appropriate within the context of the current understanding of the facts (and/or evidence) available.  

It can be rather surprising when you attend a mediation with them to then find that they focus on relational issues that seem to be completely irrelevant to the outcome you are pursuing for or with them. Likewise it can be puzzling when they return from a mediation (self-represented) with an outcome that seems to be unrelated to the strategic goals you had previously discussed.

In this session we will focus on the skills needed to:

• identify the relational elements of the dispute
• support your client to engage with clarity regarding their goals with respect to the relational elements
• support your client to consider how the relational dimensions of the dispute may impact their capacity to be solution-focused during the mediation and
• to remember the techniques to stay cognitive and solution-focused during negotiations

This session will provide an overview of the principles that can guide you, as well as introducing the key skills you need to ensure your clients are effectively prepared for a mediation that includes relational conflict.

Learning Outcomes:

Attendees will gain an understanding of:

• how mediators analyse the dimensions of a dispute and adjust their approach depending on the types of issues in dispute
• how mediators assess whether it makes sense to engage with relational elements and if so, what approach they are likely to take and why
• how the relational elements of a dispute can activate a strong fight/flight/freeze response for our clients and how this can inhibit their capacity for cognitive solution focused problem solving
• techniques that can be used to de-activate that strong stress response to enable the client to re-engage a solution focused mindset
• questioning techniques to assist you to clarify your client’s relational goals so that you can then effectively explore with your client how these goals intersect with their legal rights, financial interests and other strategic objectives

This On Demand includes: 

• a recording of the webinar Event which can be viewed multiple times
• a PDF of the presenter’s PowerPoint
• a verbatim Transcript
• any supporting documentation
• a CPD Certificate after successful completion of the Knowledge Quiz