2014 chris jefferys no wound without a scar - defining success in mediation
TRANSCRIPT
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!!)
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
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
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 # 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