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About Our Ethics

The Law Council of Australia identifies the following nine ethical points for mediators:

  1. Process—no coercion, must facilitate communication & understanding of needs & interests, creative problem-solving
  2. Be fair, equitable & impartial without favouritism or bias in act or omission
  3. Avoid conflicts of interest
  4. Competence
  5. Confidentiality
  6. Termination of mediation if requested or appropriate
  7. Recording settlement
  8. Publicity & advertising—not misleading or deceptive
  9. Fees disclosed

Additional Ethical Duties

At National Online Mediation Service, we are also committed to the following:

  • Do no harm.
  • A fiduciary duty to act in the best interests of all participants. Maintain understanding, trust and empathy.
  • Providing education, recognition, support and resolution.
  • Ensuring self-determination of parties.
  • Ensuring fairness and equality of bargaining power and full disclosure.
  • Agreements shall be reached freely and voluntarily with informed consent and without undue influence.
  • Core values of freedom, justice, equality and peace.
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Basic Mediation Skills

LARSQ – Listen, Acknowledge, Reframe, Summarise, Question

The LARSQ communication method is a useful tool for mediators to facilitate communication and understanding between parties in conflict. Here’s a brief breakdown of each step:

Listen: The mediator actively listens to each party, paying attention to their words, tone of voice and body language. This step involves giving the person speaking your full attention and not interrupting or making assumptions.

Acknowledge: The mediator acknowledges the issues and concerns of each participant, showing empathy and understanding. This step involves validating the feelings of the parties and showing that their concerns are being heard.

Reframe: The mediator rephrases what each party has said in a neutral way to ensure that the message is understood correctly. This step involves using non-judgmental language and focusing on the facts of the situation.

Summarise: The mediator summarises the key points of the discussion so far, highlighting areas of agreement and disagreement. This step involves ensuring that each party understands the other’s position and what they have agreed on.

Question: The mediator asks open-ended questions to encourage each party to clarify their thoughts and feelings. This step involves using questions to explore the underlying issues and interests of each party.

Overall, the LARSQ method can help mediators create a safe and respectful space for parties to communicate effectively and find solutions to their conflicts.

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4C’s - Care, Clarify, Challenge, & Coach

The 4 C’s communication method can help parties in conflict develop their communication skills and find a resolution to their issues:

Care: The mediator checks how the participant is going. The mediator maintains
positive and supportive relationship with each participant.

Clarify: Mediator checks the participants understanding of the facts and issues and concerns, and proposals and options.

Challenge: The mediator challenges each party to approach the conflict with an open mind and to consider perspectives outside of their own. This step involves encouraging each party to explore new possibilities for resolution and to be willing to compromise in order to reach a mutually acceptable agreement.

Coach: The mediator provides guidance, feedback and support to help each party communicate effectively and find mutually beneficial solutions to their issues. This step involves clarifying each party’s interests and needs, identifying areas for movement and providing constructive feedback.

Overall, the 4C’s method helps mediators create a positive and supportive environment for parties to communicate effectively and find mutually acceptable solutions to their disagreements. By combining Care with Clarification and Challenging and Coaching, mediators help parties achieve resolution and build more positive relationships.

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Advanced Mediation Skills

  • Strategies for dealing with high-conflict personalities
  • Maintaining focus on the children’s needs during family & parenting mediation
  • Identifying & acknowledging underlying emotions before moving on to the practical aspects
  • Identifying the sources of the conflict (relationships, values, interests, data, structural)
  • Identifying the participants’ resolution methods (cooperative, dominant, compliant, avoidant)
  • Separating the problems from the people
  • Analysis & synthesis
  • Considering the problems from a third-party perspective (greater objectivity)
  • Considering the best alternative to a negotiated agreement (BATNA) & worst alternative to a negotiated agreement (WATNA)
  • Role reversals
  • Future focusing (What do you want? How will you be in one year, two years or five years?)
  • Coaching
  • Hypothesising—’what if’ scenarios
  • Exploring what you might need to hear from the other person
  • Exploring what the other person might need to hear from you
  • Exploring what needs to be injected into the proposal to make it work
  • Impasse breakers—what each can do to resolve the problem
  • Reality testing
  • Cost audit—financial, personal, psychological, time, impact on children, lost opportunities
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