Guiding the Dynamic Mediation Process With Metaphors

Thomas SmithAsociace Mediatorů České Republiky

Prague

Part 2: Complex Systems

Conflicts can be complicated.

But complex conflicts are the most challenging.

Contrast 'Complicated' with 'Complex' Systems

The Pattern of Mediation [often] Recapitulates The Pattern of The Conflict

For example,• Start in purposeful and orderly manner.• Certain things are said, remembered…• Emotions, hostility, distress, even chaos…• Can produce crisis, or decision to terminate.

Simple versus Complex Systems

• Simple Systems change state in direct response to external inputs; outcomes

depend on the sequence and intensity of inputs.

• Complex Adaptive Systems can change state every moment regardless of inputs, they are

non-linear, non-proportional, subject to escalation; as stable patterns form, outcomes

emerge.

Start-Path-Destination Metaphors compared with Metaphors that describe Complex Dynamics …

Complicated Journey <> Complex Journey

Move along step by step through stages.

Find a way forward. Cover territory, field of

possibilities. Negotiate points along the

way. Reduce distance between us

and arrive at agreement.

Caught in fast current; open water.

Escalate or spiral. Lose bearings. Multi-level, parallel territories. Survive and thrive in

challenging environment, through agility, fitness, adaptability, balance.

How can we plan what to do?

Trying to map such conflicts can seem hopeless - no effective method. 8

By Defining 2 Outcomes in MediationWe Can Begin to Comprehend the

Complexity

1 - Overt conflict.

2 - Understanding, cooperation, agreement.

Now We Can 'Mind Map’

Case S:

A married couple is seeking mediation of their divorce; they have children who they both want to thrive (but they are young and are showing emotional stress). There is consumer debt, and equity in retirement accounts and home. Each of them is sad and feels like a failure in the marriage.

List Factors

How does our knowledge of complex dynamical systems help? Here is a list of possible factors that can influence this mediation:

Agreement to get a divorce. Sadness, feelings of inadequacy due to divorce. Believing that their young children will be happy and

have a good life. How emotionally and developmentally vulnerable are the

children? Complex marital finances are obstacles to be overcome.

CompareTo 56 13

Model the Case SBased on mind map to two mediation outcomes, and combined influence of

multiple factors.

Each factor can influence the model in 3 ways:

(1) momentary + or - impact(2) longer-term positive interactions(3) longer-term negative interactions

Simulation

14.07

Based on Experience With Simulation, Role Play Mediation of the Case

• Mediators now have overview of factors and a perspective on their relative influence.

• Can choose which factors to focus on.• Forms an “agenda” based not only on

client input, but on evaluation of which factors are most likely to be affected in mediation.

Thank youThank youThank you

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