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Mediation - Competency

Questions to include on your survey.

• Maintains neutrality while actively listening and validating each party's perspective.
• Acts as a neutral person to provide intervention in the negotiation process.
• Uses neutral, non-loaded language when summarizing each party's statements to avoid signaling agreement or disagreement.
• Ensures that procedural decisions (timing, order of topics, breaks, caucuses) do not advantage one party over the other.
• Declines to offer personal opinions or solutions, instead helping parties generate and evaluate their own options.
• Acts as an intermediary in the resolution of disputes.
• Reinforces boundaries and impartiality when one party attempts to pull the mediator into taking sides.
• Balances time and attention between parties to maintain perceived neutrality.
• Balances power dynamics to ensure equitable participation and voice.
• Ensures that both parties are able to retain their freedom to make their own decisions.
• Clarifies that their role is to guide the process--not to judge, assign blame, or advocate for either side.
• Contacts and works with representatives of both parties.

• Maintains control of the facilitation session.
• Uses firm but respectful redirection when parties attempt to interrupt, dominate, or derail the conversation.
• Ensures that all procedural steps of the mediation process are followed in sequence.
• Deals with argumentative or obstructive behaviors from either party.
• Intervenes promptly when discussions become circular or unproductive.
• Reminds participants of the mediation rules and agreed procedures as needed.
• Preventing either party from skipping ahead in the agenda or revisiting previously settled issues.
• Ensures informed consent and voluntary participation in all stages of mediation.
• Redirects the conversation back to the agreed-upon agenda when the conversation strays.
• Keeps track of time to ensure each party has an equal opportunity to state their case.
• Pauses the session when emotions escalate and re-establishes ground rules before allowing the dialogue to continue.
• Stays focused on the meeting and does not get distracted by side issues.

• Facilitates effective transitions between topics, phases, or caucuses to maintain momentum.
• Facilitates reaching agreement between the two parties.
• Facilitates dialogue between parties to uncover underlying interests and foster mutual understanding.
• Facilitates communication, clarifies misunderstandings, and guides parties toward mutually acceptable solutions in a negotiation process.
• Facilitates joint problem-solving sessions where both parties generate, refine, and compare solution options collaboratively.
• Helps parties move from impasse to resolution without litigation or coercion.
• Aims to reduce conflict, preserve relationships, and reach voluntary agreements.
• Helps parties gain clarity and insight into the dispute by asking questions that reveal core concerns.
• Helps participants explore interests, generate options, and build consensus through structured dialogue.
• Collaborates with both parties to obtain a viable solution.
• Helps disputing parties arrive at a mutually acceptable solution to their conflict.
• Encourages each party to articulate their needs and priorities in a way that the other side can understand and respond to constructively.
• Guides parties in reframing rigid or positional statements into shared problems that can be jointly solved.

• Sets clear expectations at the outset regarding speaking order, time limits, and behavioral norms.
• Assesses readiness and willingness of parties to engage in mediation before proceeding.
• Establishes a constructive environment for mediation success.
• Creates a checklist (or agenda) for the meeting to ensure all topics are discussed.
• Creates a safe and respectful space for open communication and emotional expression.
• Creates a safe and respectful environment for open discussion.
• Acknowledges emotional undercurrents without taking sides, helping parties feel heard and respected.
• Determines the relevant individuals, stakeholders, and groups in the process.
• Determines the relevant positions taken by each side.
• Obtains agreement on the agenda from all parties.
• Understands liability, confidentiality and privacy issues that each party may be subject to.

• Determines the best approach to take for the mediation.
• Structures the negotiation process to promote clarity, fairness, and progress toward resolution.
• Conducts a conflict assessment and risk analysis to determine the best course of action.
• Maps out issue types (e.g., procedural, relational, substantive) to guide resolution strategy.
• Selects appropriate mediation format (joint sessions, shuttle diplomacy, caucus-heavy) based on case complexity and sensitivity.
• Analyzes power dynamics, communication styles, and emotional tone to tailor the mediation approach.
• Clarifies procedural expectations and decision-making authority before initiating substantive dialogue.
• Works with both parties to determine the most appropriate schedule and process.
• Negotiates ground rules and confidentiality terms to support psychological safety and transparency.
• Engages parties in co-designing the mediation process to foster ownership and trust.
• Explores historical context and prior attempts at resolution to inform strategy.
• Identifies potential barriers to resolution (e.g., mistrust, positional rigidity, external pressures) and plans accordingly.

• Identifies common themes or issues and groups them prior to addressing.
• Identifies the relevant interests of each party.
• Identifies patterns in concerns that reveal underlying values or systemic tensions.
• Explores underlying interests and motivations through thoughtful, open-ended questioning.
• Identifies areas of dispute between the parties.
• Helps the parties clarify and prioritize their interests.
• Identifies procedural issues that may impact the mediation.
• Clusters related issues to streamline negotiation and reduce redundancy.
• Identifies and addresses misconceptions that each side may have.
• Uses thematic grouping to help parties prioritize and sequence issues constructively.
• Identifies the interests of each party.
• Guides parties toward resolution by identifying patterns and root causes through structured dialogue.

• Gathers information to understand people's interests and needs.
• Uses open-ended and targeted questions to elicit relevant facts, perspectives, and interests.
• Identifies when the parties need additional information, data, or clarification to make informed choices and helps them obtain it.
• Clarifies ambiguous statements and probes for deeper meaning to ensure accurate understanding.
• Facilitates discovery of root issues by guiding parties through reflective questioning.
• Researches the dispute and establishes criteria for acceptable solutions.
• Identifies gaps in understanding and seeks additional input to complete the picture.
• Evaluates the relevance and sensitivity of information before sharing it with other parties.
• Determines if information should be shared or withheld.
• Distinguishes between surface-level positions and deeper interests or values.
• Synthesizes diverse inputs into a coherent understanding of the dispute's structure and drivers.

• Determines the best time or point in the process that certain information should be shared.
• Determines what documents are to be exchanged with each side.
• Stages the release of information to align with emotional readiness and process flow.
• Filters out irrelevant or inflammatory content to keep the dialogue focused and productive.
• Determines what information should be shared with either party.
• Uses phased disclosure of information to build trust and reduce defensiveness.
• Introduces sensitive information only when conditions support constructive engagement.
• Prioritizes information that clarifies interests, corrects misunderstandings, or supports resolution.
• Poses respectful, curiosity-driven questions to help parties articulate concerns and clarify misunderstandings.

• Maintains strict confidentiality of information shared in individual/separate meetings.
• Upholds confidentiality and impartiality throughout the mediation process
• Clearly communicates what will remain confidential and what may be shared with consent.
• Builds credibility by maintaining confidential information.
• Refrains from using confidential information to influence or pressure either party.
• Obtains explicit permission before disclosing any information shared in private sessions.
• Establishes and reinforces confidentiality expectations at the outset of the mediation process.
• Balances transparency with confidentiality to maintain trust and process integrity.
• Demonstrates consistency in applying confidentiality standards across parties and sessions.
• Uses neutral language when summarizing private conversations to protect party identity and intent.
• Fosters psychological safety by honoring confidentiality commitments without exception.

• Manages tension and emotional dynamics to keep the process constructive and forward-moving.
• Recognizes emotional triggers and intervenes early to prevent escalation.
• Uses calming language and tone to de-escalate emotionally charged moments.
• Frames emotionally charged issues in neutral, interest-based language to reduce defensiveness.
• Keeps the emotional levels of the parties in check.
• Supports constructive dialogue and problem-solving between disputing parties.
• Demonstrates empathy without taking sides, validating emotions while maintaining neutrality.
• Introduces breaks or breathing space when emotional fatigue sets in.
• Monitors shifts in body language, tone, and pacing to detect rising tension.
• Observes interaction patterns and emotional tone to assess relational dynamics and readiness for resolution.
• Models restraint and professionalism when handling emotionally charged or reputationally sensitive disclosures.
• Pauses or redirects conversation when emotional intensity threatens constructive dialogue.
• Checks in with parties to assess emotional readiness before addressing sensitive topics.

• Listens attentively to verbal and nonverbal cues to uncover unspoken concerns and emotional undercurrents.
• Listens carefully to all parties.
• Encourages empathy, active listening, and reframing of positions into shared interests.
• Maintains focused attention without interrupting, signaling genuine interest and respect.
• Checks for accuracy by asking clarifying questions before drawing conclusions.
• Connects current statements to earlier themes, showing continuity and deep engagement.
• Listens without judgment and reflects back concerns to show understanding and care.
• Paraphrases and summarizes key points to confirm understanding and reduce misinterpretation.
• Invites reflection through nonjudgmental questions that surface unspoken needs and assumptions.
• Invites quieter voices into the conversation, ensuring equitable participation.
• Synthesizes multiple viewpoints to surface shared values or overlapping interests.

• Frames issues in ways that invite curiosity, empathy, and collaborative problem-solving.
• Distinguishes between surface-level positions and deeper interests to guide issue framing.
• Organizes gathered information into thematic clusters to support issue framing and prioritization.
• Distills complex concerns into clear categories to support focused discussion.
• Sequencing issues to build momentum and address high-stakes topics at the right time.
• Refactors emotionally charged or ambiguous concerns into clear, actionable topics.
• Helps identify general points or principles communicated by each party.
• Invites parties to suggest topics or concerns they would like to explore privately.
• Condenses and summarizes messages from each party.
• Encourages creative problem-solving and consensus-building over positional bargaining.
• Uses inclusive language to reflect shared concerns and reduce defensiveness.

• Adapts the mediation process to facilitate changing circumstances.
• Adjusts the agenda or issue sequencing to accommodate emerging priorities or reduce tension.
• Adapts the mediation process as necessary to keep the process moving forward.
• Modifies the format (e.g., shifting from joint sessions to caucuses) based on emotional intensity or party comfort.
• Pauses or redirects discussion when emotions escalate, allowing space for de-escalation.
• Reframes language or tone to maintain constructive dialogue.
• Adapts the mediation structure in real time based on emerging dynamics and party feedback.
• Adjusts expectations and goals based on parties' readiness, capacity, or constraints.
• Introduces breaks or breathing room when parties show signs of fatigue.
• Guides parties through impasse by reframing issues and exploring alternative solutions.

• Promotes two-way dialogue by balancing airtime and ensuring equitable participation.
• Uses bridging language to connect divergent viewpoints and foster mutual understanding.
• Supports parties in articulating the rationale behind their preferences so the other side can understand the underlying logic, not just the position.
• Encourages parties to respond directly to each other's concerns in a respectful, structured manner.
• Surfaces areas of partial agreement and uses them as stepping-stones to build momentum toward broader consensus.
• Encourages parties to test assumptions by asking clarifying questions directly to one another rather than relying on interpretations or second-hand impressions.
• Helps parties evaluate trade-offs and prioritize issues to move toward resolution.
• Addresses issues brought up by either side.
• Guides parties to shift from rigid positions toward shared interests and creative options.
• Helps parties break complex issues into manageable components so they can negotiate each element systematically and avoid becoming overwhelmed.
• Recognizes when the parties are approaching an impasse and introduces structured decision-making tools to help them move forward.
• Tests potential solutions by exploring feasibility, acceptability, and alignment with core needs.

• Uses private meetings to reality-test assumptions, helping each party evaluate the strengths, weaknesses, and risks of their positions before returning to joint dialogue.
• Uses techniques such as caucusing, reframing, and reality testing to promote understanding.
• Checks for comfort and readiness before initiating sensitive discussions, especially in caucus.
• Summarizes key points from private sessions (with permission) to ensure transparency and shared understanding.
• Creates an environment in private sessions where parties feel comfortable sharing sensitive information.
• Ensures that insights gained in caucus are used to advance the mediation process by translating them into neutral, process-focused next steps.
• Checks in after private sessions to ensure parties feel respected and not disadvantaged by what was shared.
• Seeks permission from all parties before speaking privately with one side.
• Offers equal opportunities for private discussion to all parties, avoiding perceptions of favoritism.
• Checks for emotional readiness during caucus and helps parties regulate strong reactions so they can re-enter the joint session constructively.
• Explains what will and won't be shared from private conversations, reinforcing confidentiality boundaries.
• Clarifies the purpose of private meetings before initiating them, ensuring all parties understand the intent.

• Offers assistance to the parties to help make decisions.
• Decides on what next steps the parties should take.
• Synthesizes complex or conflicting information into clear decision points that the parties can evaluate and act on.
• Evaluates the fairness and balance of proposed agreements to ensure neither party is unintentionally disadvantaged.
• Determines the appropriate contingency plans in case the mediation agreement breaks down.
• Evaluates the feasibility and long-term sustainability of proposed solutions before allowing them to move forward in the negotiation.
• Assesses the relative importance of each issue raised and helps the parties prioritize which decisions must be made first.
• Identifies acceptable trade-offs and concessions from the parties.
• Develops a procedure for evaluating the resolution options (agreements, accommodations, procedural changes).
• Determines when to pause, caucus, or shift formats to keep the process productive and prevent escalation.