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What are the 8 Steps in the Nebraska Mediation Model?
- (Mediator) Introduction
- (Parties') Opening Statements
- Clarification
- Issue & Interest Identification
- Agenda Setting
- Option Generating
- Decision Making
- Closure
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What is the ROLE of the Mediator?
- Neutral;
- Impartial;
- Provides opportunities for parties to communicate;
- Creates an atmosphere for problem solving;
- Facilitator who manages the problem solving procedure;
- Helps the parties recognize the interests of others involved in the dispute;
- Reality tester
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What should be discussed during the FIRST STEP of the Nebraska Mediation Process?
- INTRODUCTION
- Greetings, introductions and congratulations
- Explain Mediation Process (voluntary, informal, mutually acceptable agreement)
- Explain Role of Mediator (facilitator, neutral, impartial, no legal advice)
- Qualifications
- Discuss (confidentiality, breaks, restrooms, time frame)
- Ground Rules
- Questions
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What is involved in the SECOND STEP of the Nebraska Mediation Process?
- OPENING STATEMENTS
- "Now I would like to hear from each of you briefly, one at a time, what brings you hear today and how it affects you."
- "Party 1, from your perspective, briefly tell me about the situation that brought you here today." Party 1 Statement
- "Thank you. Party 2, from your perspective, and not in response to Party 1, briefly tell me about the situation that brought you here today." Party 2 Statement
- "Thank you"
- Summary - "As I understand it, you feel this way about the situation..." or "I hear you saying..."
- LISTEN FOR ISSUES/INTERESTS
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What does the THIRD STEP of the Nebraska Mediation Process involve?
- CLARIFICATION
- Open-Ended Questions ("Tell me about..."; "Could you explain that further"; "What will this mean for you"; "Could you give some examples of what you mean"; "How did that impact you"; "What was that experience like for you"; "Describe for me...")
- Closed-Ended Questions ("Are you essentially saying..."; "Let me see if I've got this correct...")
- TOOLS: Listening - Questioning - Summarize - Acknowledge - Re-framing - Silence
- LISTEN FOR ISSUES/INTERESTS
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What is discovered in the FOURTH STEP of the Nebraska Mediation Process?
- ISSUE & INTEREST IDENTIFICATION
- "Let me see is I can state the issues that are important to you and your interests that need to be met."
- Positions: Wants, Demands, Their Solution (SITting on my demand)
- Issues: Topic or problem raised by the parties (What IS the problem to be addressed?)
- FRAME the Issue in a neutral way; like a file folder
- Interests: Needs, Concerns, Motivations (What is the INner human need?) - Iceberg below the surface
- WHY is it (the issue/problem) important to the party?
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Explain the FIFTH STEP of the Nebraska Mediation Process?
- AGENDA SETTING
- Determine the order of the issues
- Frame issues with interests using a problem solving statement
- i.e. How to address the rent (issue) so that the landlord's need for financial security (interest) and the tenant's need for responsiveness (interest) are met.
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What should be discussed during the SIXTH STEP of the Nebraska Mediation Process?
- OPTION GENERATING
- Explain the brainstorming process
- Give rules (i.e. do not discuss or judge the idea)
- Reintroduce options stated earlier in the process and parked
- Evaluate options in light of interests
- Reality testing is for later, get as many options as possible out in the open
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What is involved in the SEVENTH STEP of the Nebraska Mediation Process?
- DECISION MAKING
- Ask parties to identify the ideas that seem to have the best possibilities of working
- Evaluate the identified options
- Reality test the options
- If an an agreement is reached, plan agreement writing: when, format used, time frames, plans for review
- BATNA - Best Alternative to a Negotiated Agreement
- WATNA - Worst Alternative to a Negotiated Agreement
- PATNA - Probably Alternative to a Negotiated Agreement
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What occurs during the FINAL STEP of the Nebraska Mediation Process?
- CLOSURE
- Review what was accomplish
- Compliment and thank the parties (no matter if you reached an agreement or not)
- Remind parties of the next steps, if applicable
- Have parties complete the session evaluation
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