Yes No

Yes You assist the parties and their attorneys by pointing out the weaknesses of their cases predicting what a judge would be likely to do. You make recommendations as to the outcome of the issues. You are concerned with the legal rights of the parties rather than interests. You help the parties and attorneys evaluate their legal position and the costs vs. the benefits of pursuing a legal resolution rather than settling in mediation.

Yes You structure a process to assist the parties in reaching a mutually agreeable resolution. You search for interests underneath the positions taken by parties and assist them in finding and analyzing options for resolution. You do not make recommendations - you are in charge of the process, and the parties are in charge of the outcome.

Yes You meet with parties to empower each of the parties as much as possible, and to ensure "recognition" by each of the parties of the other parties' needs, interests, values and points of view. The potential for you is that any or all parties or their relationships may be transformed during the mediation together, since only they can give each other "recognition".

Yes You perceive feelings and emotions as the most important. You make your clients generating options by brainstorming and negotiate their agreement.Your intended outcome is agreement, empowerment, recognition

Yes You define issues mainly through exploring needs concerns and interests. You prefer information gathering over free storytelling. Your intended outcome is agreement.

Yes You prepare the parties for the joint session in private meetings ( define issues and context). During joint sessions you encourage direct dialogue between parties and you try to be as invisible as possible

Yes Instead of focusing on needs, concerns and interests you focus on relations - you allow active listening and free storytelling. You focus on the dominant and alternative discourse elements, deconstructing the conflict-saturated story and change it into reconstruction of an alternative story.

Yes You focus on exploring wants, needs and interests. You work presenting and exchanging data and re-define issues from the newly available data. Your intended outcome is agreement, empowerment and recognition.

directive ---> 1 --- 2 --- 3 -- 4 --- 5 ----> non-directive

facilitative ---> 1 --- 2 --- 3 -- 4 --- 5 ----> evaluative

many issues raised ---> 1 --- 2 --- 3 -- 4 --- 5 ----> one, main issue raised

type of conflict 1 2 3
subject of mediation 1 2 3
other 1 2 3

get a lasting agreement 1 2 3
get a workable agreement 1 2 3
get a signed agreement 1 2 3
work out a plan for future self-determined modifications 1 2 3
gather necessary information to structure the mediation process 1 2 3
structure mediation process 1 2 3
support both parties to feel safe and valued 1 2 3
include needs of other people affected by conflict (i.e. children) 1 2 3
teach effective communication and problem solving 1 2 3
hold realistic expectations for the possible result of mediation 1 2 3
stay neutral towards solution 1 2 3
stay impartial 1 2 3
promote mediation 1 2 3
others 1 2 3

psychological skills 1 2 3
personality 1 2 3
experience 1 2 3
substantive knowledge 1 2 3
verbal communication 1 2 3
non-verbal communication 1 2 3
analysing 1 2 3
other 1 2 3

high level of conflict 1 2 3
low motivation to reach agreement 1 2 3
low commitment to mediation 1 2 3
external limitations to the solution 1 2 3
fundamental principles at risk 1 2 3
power imbalance 1 2 3
difficulty of being neutral towards solution 1 2 3
difficulty of being impartial towards parties 1 2 3
other 1 2 3

All D I R G N Agr restating
All D I R G N Agr summarizing
All D I R G N Agr silence
All D I R G N Agr non-verbal cues
All D I R G N Agr checking-in

All D I R G N Agr brainstorming
All D I R G N Agr joint sessions
All D I R G N Agr private sessions
All D I R G N Agr settlement
All D I R G N Agr communication between parties
All D I R G N Agr other

All D I R G N Agr focusing on the future
All D I R G N Agr ventilation
All D I R G N Agr restating
All D I R G N Agr non-verbal intervention
All D I R G N Agr blocking
All D I R G N Agr taking an assertive stance
All D I R G N Agr leaving the room
All D I R G N Agr psychodrama
All D I R G N Agr individual sessions
All D I R G N Agr positive reinforcing
All D I R G N Agr searching for information
All D I R G N Agr other

Yes physical environment
Yes mediator
Yes teaching active listening
Yes teaching rules of mediation
Yes teaching problem solving
Yes assessment of communication rules between parties
Yes assesment of the real aims of parties
Yes assesment of the resistance reasons
Yes Other

type of conflict 1 2 3
subject of mediation 1 2 3
phase of mediation 1 2 3
other 1 2 3

1 ----- 2 ----- 3 ---- 4 ----- 5
unsuccessful ------- average ------ v. successful

neutrality
impartiality
confidentiality
voluntary participation
other

Why (explain briefly)? 16. What does your marketing strategy as a mediator involve?