2014 Chris Jefferys No Wound Without A Scar - Defining Success In Mediation

NO WOUND WITHOUT A SCAR

– DEFINING SUCCESS IN MEDIATION

Ms Chris Jefferys

Mediation Services Coordinator

MEDIATION SA

(08) 8350 0376

0412 950 270 (Please don’t give this number to clients!!)

PRESENTATION OUTLINE

Presentation by Chris

Group Discussion

Q&A

PREMISE

All conflict leaves a scar because conflict creates change, wanted or otherwise.

Conflict changes relationship, structures, processes, attitudes, values, beliefs and perceptions etc

How then can we define success if there are scars from that conflict remaining?

WHAT IS SUCCESS? WIKIPEDIA

Achievement of a goal

The opposite of failure

Attainment of higher social status

QUESTIONS OFTEN ASKED…...

What is your success rate?

How do you know that you have

succeeded?

Does your success rate determine your

funding?

Does your success rate say anything

about your work practices?

Who is at fault if success is not

achieved?

WHAT DOES THIS MEAN FOR ME?

Am I effective as a mediator?

How do I know when I am ineffective?

How do I measure my work?

How do I define my success?

Who decides if I am successful?

What about the parties, what say do they have ?

COMMON THOUGHTS ON

SUCCESS

The clients reached a settlement; either an integrative win/win agreement or a compromise with trade offs

The mediator feels that s/he did a good job objectively or subjectively

The clients have not recontacted therefore it must have been successful!

BUT – COULD SUCCESS BE THE

FOLLOWING?

The client calls for assistance, reaches out

for help but goes no further

At Intake Party A identifies the issues, the

ensuing discussion gives Party A the

confidence to resolve it themselves

B responds to the offer of mediation

B does not respond but the issues are

resolved

IS SUCCESS THE FOLLOWING CONT?

The issue are clarified and the parties leave

with no solution

Mediation session is inconclusive with no

real agreement

Mediation session is partly conclusive with

part of an agreement

Mediation session is conclusive in that

there is a clear agreement

GOAL ACHIEVEMENT THEORY put very basically

Approaching a desirable

outcome

Avoiding an undesirable

outcome

GOAL ACHIEVEMENT PRUITT. PEIRCE & ZUBEK -

1990

Whether an agreement is reached

Whether the agreement speaks to the parties most important needs and values

The clarity and apparent feasibility of the agreement

Disputant satisfaction with an agreement

Disputant satisfaction with the conduct of the session

Disputant perceptions of procedural justice

Disputant support of the mediation service

Compliance with the agreement

Long term quality of the relationship

Absence of new problems between the parties

SHORT TERM SUCCESS

Immediate observable outcomes

Whether parties

Reach agreement

Quality of agreement in that it speaks

to the goals

Feelings of satisfaction

LONG TERM SUCCESS

Delayed outcomes that are observable

Whether parties complied

Improvement in relationship

Absence of further problems

SUCCESS FOR THE CLIENT

Achievement of goals or at least the majority of

them

Avoidance of undesired outcome

Less stress/ emotionally engaged

Financially ok

FAILURE FOR THE CLIENT

Not achieving goals

Unable to avoid undesired

outcomes

Financially worse off

Emotionally disengaged / angry

SUCCESS FOR THE MEDIATOR

Attainment of goals ie, to be seen as successful

Positive perception of self

Positive perception of skill level

Well regarded by peers

Assured income

FAILURE FOR THE MEDIATOR

Perception of skills level

questioned

Potential loss of income

Peer recognition questioned

Self doubt

SUBSTANTIVE ISSUES INFLUENCING

THE MEASUREMENT OF SUCCESS

Money owed is paid

Property / fence / tree issues resolved

Land title clarified

Objectionable behaviour reduced

Dog no longer barks

NON SUBSTANTIVE ISSUES

INFLUENCING THE MEASUREMENT OF

SUCCESS

Self preservation

Need for security and recognition

Perceptions of right and wrong

Deep seated emotional issues

Beliefs about one’s rights

‘Moral ‘ rules

Normative standards

So…….

DEFINING SUCCESS….. A

SUMMARY

Success is

Intangible

Situational

Both objective and subjective

Depends on who is measuring

There will always be scars

WHO IS “SUCCESS” FOR?

Ask the parties before the session

What does ‘success’ look like for you?

How will you know that this is successful?

How are you going to measure the outcomes now and in the future?

What do you think ‘success’ is for the other party?

What will happen if you don’t get the ‘success’ you want?

Ask yourself the exact same questions…..

What does success look like for you?

How will you know that what you do is

successful?

How are you going to measure the

outcomes now and in the future?

What will happen if you don’t get the

‘success’ you want?

How will that impact on your future

practice

What do you need to do to enhance your

chance of ‘success’ in your terms?

OUTCOMES AT MEDIATION SA

Mediation Conclusive

Mediation Inconclusive

Mediation Partly Conclusive

Telephone Mediation Conclusive

Telephone Mediation Inconclusive

Telephone Mediation Partly Conclusive

Resolved by parties after contact

A withdrew

B Declined

SO….

HOW DO I THINK SUCCESS BE

DEFINED?

No single measurement of ‘success’

Settlement is not enough

Variety of measurements dependent on the

situation, the mediators, tangible and

intangible issues, the parties and other

vested interests

Success should be both mediator and

client driven

HOW DO I THINK SUCCESS CAN BE

DEFINED?

By identifying performance indicators for the

following potential measures of ‘success’

Fairness

Efficiency

Satisfaction

Effectiveness

QUESTION # 1 Does gender affect the notion of

success?

QUESTION # 2 What expectations of ‘success’ are

there if the parties are paying a

private mediator or mediation is

mandatory?

What is the impact of that

expectation on the mediator’s

practice ?

REFERENCES / READINGS

D.G. Pruitt, R.S. Peirce, J.M. Zubeck – Goal Achievement, Procedural Justice and the Success of Mediation, The International Journal of Conflict Management -, 1990 Vol 1 pp 33 - 45

W.R. Ross – Measuring Success in Mediation, The Mediation Journal-, 2000 Vol 1 pp 1-16

D.G. Pruitt, R.S. Peirce, J.M. Zubeck, N.B. McGillicuddy, H. Syna – Disputant and Mediator Behaviours Affecting Short Term Success in Mediation. Journal of Conflict Resolution Vol 36, No3, 1991 pp 546-572

J. Bercovitch, Mediation Success or Failure; A Search for the Elusive Criteria. Journal of Conflict Resolution Vol 7 pp 289 -301

T.P. d’Estree, L.A. Fast, J.N.Weiss, M.S.Jakobsen, Changing the Debate About ‘Success’ in Conflict Resolution Efforts, Negotiation Journal April 2001 pp 101 - 113