The Matrix offers 5 x 5 chances for making the most out of conflict, is a compass for navigating through conflict with an integrated toolbox that equips mediators and facilitators and offers a concrete framework for the preparation and efficient conduct of mediation and dialogue procedures.
Supervising formalities means all the actions taken usually by the
case manager to ensure process predictability and legal compliance, which includes identifying the parties and their powers of representation, signing the mediation agreement, ensuring proper accounting of mediation payments, etc.
Conducting the joint meeting, unless the parties have agreed otherwise, refers to the decision to start the mediation with all parties present in a joint session (as opposed to hosting them in separate rooms at the same time or even meeting them separately on different days or times). Upon consulting with the parties, the decision is taken by the mediator, taking into account any power imbalances, potential for violence or logistical factors that would make it difficult or inappropriate to organize a joint meeting.
Welcoming parties to the mediation procedure refers to the initial interaction the mediator(s) have with both parties to introduce them to the procedure and create a welcoming atmosphere that invites further open communication and trust.
Delivering the mediator’s opening statement refers to the initial interaction between the mediator and all participants (whether in a joint or individual session) that serves to initiate the process, set the right tone for the proceedings, and inform the parties of the key principles of mediation and how to apply them.
Facilitating the opening statements of the parties and their lawyers is the step that immediately follows the mediator’s introduction. This is when both parties, their lawyers, and other advisers are given the opportunity to present the situation from their perspective without interruption, and also without the intervention of the mediator.
Summarizing perspectives and issues refers to the mediator’s activity of summarizing, in a neutral and unbiased manner, all the points of view expressed and agreeing on all the issues to be discussed as part of the agenda and the process.
Moderating the joint discussion aims to ensure that communication between the parties remains respectful, focused and productive, and adheres to the ground rules agreed in the previous phase. This includes ensuring that all items on the agenda have been discussed in full and that any additional information required has been properly collected.
Transitioning to the Listen & Understand stage refers to the process whereby the mediator confirms that all activities necessary to initiate the mediation process have been properly completed and the process can proceed to the next stage.
A practical guide for professionals and anyone interested in effectively managing conflict and improving their resolution skills. It provides a comprehensive framework for navigating conflicts, difficult conversations, and tough decisions, offering specific techniques and strategies for mediators and facilitators to achieve constructive outcomes.