Wednesday, December 13, 2006

Meditor Tips
Substantive vs. Relationship Issues

To solve disagreements, a good working relationship needs to be established apart from the issues being discussed in the mediation. A poor working relationship with an unfair balance of power tends to lead to one party unnecessarily conceding too much or one side trying to force a concession through threats ("If you really cared for me, you'd do this"). In either case, the problem is unlikely to go away while the bad relationship exists. When considering what is substantive and what is relational, consider the list below.

Substantive Issues
- Terms
- Conditions
- prices
- Dates
- Numbers
- Liabilities

Relationship Issues
- Balance of emotion and reason
- Ease of communication
- Degree of trust and reliability
- Attitude of acceptance or rejection
- Relative emphasis on persuasion or coercion
- Degree of mutual understanding.

To try and build a good relationship by negotiating the relationship. Raise the issue of your concerns about their behavior and discuss it like you would a substantive issue while avoiding judgement. Instead, explain your perceptions and feelings and inquire about theirs; of necessary, come up with some external standards and fair principles to judge behavior. Also, distinguish how you treat them from how they treat you. You should make sure that you are acting fairly even if they aren't; trying to 'teach a lesson' won't solve the problem. A good relationship can be built even if the problem is not solved.