Civil Engineering Reference
In-Depth Information
Party A
Party B
What
people
tell
us
Positions:
what people
say they want
Position
Interests:
why that position is
important as they see it
Interests
What
we
need
to
find
out
Issues
Needs: what they
must have;
values
Fears: concerns;
anxieties;
worries
Needs and fears
Common ground
Figure 5.1
PIN. 'iceberg' model.
Courtesy of Andrew Ackland.
5.6
Giving and receiving information
The mediator is in a unique position of gathering information from
both/all parties in the mediation. S/he has an insight into parties' needs,
their attitudes and responses, and their financial and risk calculations.
No one else is in that position and it is something that should be used to
advantage by the parties. Much of the time parties need reassurance that
the other side is there in good faith. Information is not going to be passed
and offers made if there is a suspicion that they are there in bad faith -
for example, on an information-gathering expedition with no intention
of settling. So the mediator is in a position to give that assurance and
to encourage the parties to be open and frank about their position in
return.
Confidentiality is the first rule of mediation. The mediator may say
that everything said in private session will be treated as confidential.
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