Training Mediators to Listen: Deconstructing Dialogue and Constructing Understanding, Agendas and Agreements

Love, Lela P.

Training Mediators to Listen: Deconstructing Dialogue and Constructing Understanding, Agendas and Agreements

38 FAM. & CONCILIATION CTS. REV. 27 (January 2000), reprinted in MEDIATION: ESSAYS FROM THE FAMILY COURT REVIEW (Assn. of Family and Conciliation Courts, 2005)

8 Pages Posted: 11 Nov 2013

See all articles by Lela P. Love

Lela P. Love

Yeshiva University - Benjamin N. Cardozo School of Law

Abstract

This article examines the unique components of dialogue between disputing parties that mediators extract and reframe to move the discussion forward: interests, issues, proposals, feelings, principles, rules, values, visions, and BATNAs. These components provide the building blocks of the discussion agenda and the framework of the mediation agreement. The article suggests a number of teaching strategies for training mediators to listen effectively and proactively.

Keywords: Mediation, ADR, Dispute Resolution, Training, Mediators, Listening, Dialogue, Agendas, Agreements, Understanding, Active Listening

Suggested Citation: Suggested Citation

Love, Lela P., Training Mediators to Listen: Deconstructing Dialogue and Constructing Understanding, Agendas and Agreements. 38 FAM. & CONCILIATION CTS. REV. 27 (January 2000), reprinted in MEDIATION: ESSAYS FROM THE FAMILY COURT REVIEW (Assn. of Family and Conciliation Courts, 2005), Available at SSRN: https://ssrn.com/abstract=2350958