Opening Statements

1. Instructions: Follow the procedure of emotional paraphrasing in the book and interpret the disputant’s speech when using the emotional paraphrase technique. Then, write a reframe for each. See example below:

Example

Disputant’s comment: “This neighborhood is becoming a mess. My neighbor is such a pig. I can hardly control myself when he leaves that trash all over his front year after one of his drunken parties”.

A student may paraphrase as: “You think he is messy” or “You wish he were neater.” However, emotional paraphrases are about the person making the statement rather than one person’s thoughts about the other person.

A better emotional paraphrase is: “You feel disappointed”.

A good reframe that changes or neutralizes the disputant’s negative words is: So, “You’d like a neat neighborhood”.

Write an emotional paraphrase and reframe for each comment below:

#1 Mediator’s Question: “What is a good neighbor?”

Disputant’s Comment: “Well, to be a good neighbor, I think you have to have respect for those around you. Maybe not just tell someone [said with sarcasm] ‘You’ll think about it.’”

Emotional Paraphrase:

Reframe:

#2 Mediator’s Question: “What brought you to mediation?”

Disputant’s Comment: “I’ve had enough with this degenerate’s loud parties that go on all night every weekend.”

Emotional Paraphrase:

Reframe:

#3 Mediator’s Question: “Where are your houses located in relationship to each other?”

Disputant’s Comment: “Way too close!!”

Emotional Paraphrase:

Reframe:

#4 Disputant’s Comment: “She really let the group down on this project. We all hoped that she would come through with her portion of the assignment, but it never happened.”

Emotional Paraphrase:

Reframe:

Watch the video below and report two examples when the mediator reframed what the disputants said in the mediation session.

Tenant-landlord Mediation (Links to an external site.)

#5 Video Example of Reframing 

Disputant’s Comment:

Mediator’s Reframe:

#6 Video Example of Reframing 

Disputant’s Comment:

Mediator’s Reframe:

2. Discussion Overview: Building on  the Agreement to Mediate you wrote for your online clients, you will now create own personalized Online Opening Statement. Keep in mind that an opening statement is not a random collection of words. There are Key Components of the Opening Statements that must be included (revisit your textbook p.96 -104). Plus, you must consider the online environment: What will you include  to tell the parties. For example, Figure 6.1 Sample Opening Statement , p.97 was written for an in-person mediation session and  states:  “ If you need a break ,let me know. Bathrooms are just across the hall”. An online mediator would say: “ If you need a break ,let me know. We will pause the video call  and resume after everyone is back on camera”.

Another consideration,  What “ground rules” will you include for  your  online mediation? For example, all parties must be visible and on camera during the mediation session or audio must be turned off, unless you are speaking, etc. Think about other “ ground rules” to include in  your opening statement to ensure a seamless online mediation. Think about grounds rules concerning confidentiality and caucusing, etc in an online environment. 

Discussion Instructions: The attached document contains several paragraphs for an Opening Statement Actions.

  1. Select the paragraphs you need to create your own mediator online opening statement for your next online mediation session. You can edit the phrases, recreating your own personal opening statement. Your opening statement must be be one-page long and titled: “ My Online Opening Statement”. Remember, your opening statement must include all the key components of an opening statement.
  2. Write a brief justification about the things you chose to include in your online opening statement. Add this justification at the bottom of your opening statement in about 1-2 paragraphs.

Solution

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