As I developed my mediation practice, I came to better understand how mediation discussions need to be effectively organized. The mediator’s thoughtful questions create “discussion frames.” So, as a mediator, the ultimate question is what is the wisest sequence of discussion frames to most capably assist participants to get across the settlement goal line?
“Mediator Max”
There is certain “basic information” that is needed. The parties need to be capably heard and have the experience of being capably heard. Summarization helps with that. We likely will also need to separate our best efforts for future problem solving from the participants’ greatest difficulties and drama of the past with a technique such as “Getting Current.”
We will surely, in time, further benefit by setting a “problem-solving agenda.” We are also wise to identify any and all “easy agreements,” and also support participants negotiating exchanges of value and package deals.
Further, if the participants are not able to reach agreement through their direct efforts, it may be that we as mediator will need to become more pro-active in wondering about possible mutually acceptable arrangements. If the parties are “stuck,” we may have a “normative story” discussion about arrangements that have worked for similarly situated others. We might also wonder if participants might benefit from an outside evaluation and confidential recommendation, or even an outside arbitrated decision. And, if none of that works, it may be necessary to elevate everyone’s attention to the “heat” (costs, delay and stress) of possibly leaving things unresolved.
Given such mediation tasks to be accomplished, I wondered if it was possible for a computer program to help effectively organize mediators’ and participants’ efforts to reach agreement? The result was my development of the “AGREE” program in 1998. While AGREE did not come to be used in real mediations, it has been an effective teaching means of conveying how new mediators might consider organizing their mediation efforts.
The fatal flaw of AGREE is that it was pre-Internet! The program needed to be used on a single computer with a single keyboard. NOT a good idea for people in conflict!
Here are some of the component parts of AGREE:
AGREE Model Closing Provisions
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