The Mediator’s/Negotiator’s Toolkit 1/15/06
1. Reframing
2. Detoxifying
3. Option generation
4. Detail specification (description, elaboration, elucidation)
5. Referral to outside expert/bring outside expert to the mediation table
6. Validation (support, encouragement, approval, praising, crediting, confidence/esteem-
building)
7. Empathic confrontation, including:
- Posing questions
- Invalidation (withholding support) and ignoring
- Labeling
- Identifying insinuations, innuendos, ulterior motives
- Conjectural speculation about future implications and consequences
- Discrediting
- Rejection and overruling
- Reality-testing, bringing reality into the room (cf., tool #38 below)
- Pushing the bottom-line, results-orientation
- Hypothetical scenario-building, what if you don’t come to agreement here? (cf., tool #39 below): BATNA (what is the best alternative to a negotiated agreement?) and WATNA (what is the worst alternative to a negotiated agreement?)
8. Limit-setting on Acting In (subversion of process during a session) and refereeing
9. Limit-setting on Acting Out (subversion of process between sessions)
10. Defining terms of agreement (agreement-building, codifying, concretizing, finalizing,
crystallizing, reducing to)
11. Brainstorming solutions without critique or judgment (hunting expedition)
12. Labeling
13. Analytic deconstruction
14. Direction and guidance, if and only if to both parties without alienating (advisory
information)
15. Joining and collaboration
16. Process commentary (on the bargaining process, bargaining styles, progress, status)
17. Historical dynamics commentary on the past traditions and patterns the parties’s
relational interactions regarding mutual/reciprocal/independent interests and
positions
18. Causal analysis and interpretation (why do you think this is happening)
19. Ethical analysis (what do you think is wrong here?) and interpretation
(judgmentalism, moralizing, blame game) in the service of shaming or forcing
ownership of responsibility for conduct
20. Paradoxical intervention with intention to elicit a contrary response)
21. Diagnosis of symptomatic behavior (what is happening here in relation to an
recognizable historical interactional motif or clinical syndrome)
22. Consolidation of issues and clarification
23. Interest identification
24. Position identification
25. Brainstorming issues (non-judgmental issue-spotting exercise)
26. Pacing the process (setting pace, rhythm, marching cadence, timekeeping, pushing,
slowing, backing off, breaking session, adjourning, setting timelines)
27. Lending “borrowed” ego of mediator to a party
28. Information gathering (fishing expedition)
29. Inventing common parlance for private language between parties
30. Role modeling
31. Humor for editorializing and educative shaming, including wit, invective, parody,
satire, scorn, self-denigration, pratfall, buffoonery, cynicism and the sardonic
32. Reciprocal validation
33. Highlighting thinking disortions
34. Candy-coating and face-saving
35. Strategic working silence
36. Creating plan of action
37. Determining need for education of a party and learning curve
38. Adjusting expectations
39. Posing hypothetical outcome (best alternative to a negotiated agreement, worst
alternative)
40. Maintaining confidentiality
41. Reporting abuse/neglect as mandated and violating confidentiality
42. Parceling into bite-size chunks
43. Consoling disappointment (mourning loss, grieving)
44. Maintaining confidentiality
45. Lowering resistance
46. Process-minding, -keeping, -enforcement
47. Maintaining neutrality
48. Normalizing emotionality and permission to vent, catharsis
49. Maintaining ethical and safety boundaries
50. Minesweeping (ferreting out pitfalls, anticipating and neutralizing landmines,
defusing live grenades)
51. Avoiding and/or breaking impasse
52. Aspirational goal-setting
53. Providing safety, confessional, facilitating apology and forgiveness
54. Avoiding tendency to stop before fully bargaining and explicit agreement (avoiding
avoidance) to all
55. Allowing bargaining to stop before full and explicit agreement (allowing parties to
still disagree on some items)
56. Saving unresolved items for future bargaining with/without neutral facilitator
57. Keeping the door open to resume mediation in the future
58. Specifying what to do in future if new problems emerge
59. Analyzing body language, nonverbals
60. Promoting transparency (communications open to all)
61. Analogizing
62. Categorizing and cataloguing
63. Floating trial balloons
64. Using “transference”
65. Coaxing
66. Wooing
67. Posturing theatrics
68. Using “positive illusions” to envision a better future world of affairs
69. Using altruistic sentiments to entertain, and induced altruistic conduct to build, a fund
of trust and repertoire of practiced habits for a better world of affairs for oneself,
the “other” party, and/or collateral third party beneficiaries