What makes Alan Wein such a successful Mediator?

Alan Wein AM has developed a highly successful mediation style and model. Wein Mediation™ model merges both learned technical skills together with strong experience and personal intuitive and humanist style. The model is a flexible generalist model, not limited by any specific rigid model or process definition and is based on a “humanist narrative, engagement, facilitative style” in which the process is actively driven by the mediator attempting to encourage the parties to communicate deep rooted interests and issues and ignite settlement and resolution dialogue through creative problem solving, robust reality testing in which the mediator facilitates and is involved in the dialogue. Wein Mediation™

Further diagramatic explination of Alan Wein's description of conflict and The Mediators Model can be downloaded by clicking here.

The Mediator is in effect a quintessential “Knight of Faith” in his/her ability to bring resolution in the most complex of disputes, bound in the belief that every legal commercial dispute is capable of resolution if the parties are of the mind to do so and the process is properly conducted. The ability to deal with difficult issues, which may touch at the core of a person’s emotions and feelings and which may even expose the flaw in a person’s claims, in a sensitive and carefully engineered style - handling denials, objections, anger, guilt and deflection - is at the core of a humanist mediator.

CRITICAL to the success of the Mediator is the REALITY TESTING role and the clear and unequivocal understanding that the parties and their legal counsel have concerning the Mediators PERMISSION to conduct genuine and robust reality testing as part of the Mediators role. This role description MUST form part of the opening address, Ground Rules, and should also be expressed in the Mediation Engagement Agreement.

The process of constructive and valuable reality testing must allow the mediator the opportunity to engage the parties in a candid and honest assessment of the issues and options raised in mediation and for the mediator to assist the parties in considering issues that arise out of the content of the dialogue, without being judgmental or determinative. Reality testing involves "techniques used to adjust perceptions that do not conform to the realities of the situation." A genuine approach and process of reality testing, will in fact, give true definition to a party based self determined decision, as the parties are able to obtain a sharper focus on the key issues arising out of the dialogue and the realistic scenarios for resolution. The role a good mediator plays in this process is decisive and arises solely out of the content of the dialogue - and is not determinative but quintessential in the overarching ability of the parties to come to and make an informed decision.

The skilled mediator must provide the environment and have the ability to unwind preconceptions and neutralize biases and irrational assumption, without taking a partial, biased view which impinges the parties self determinative role. The Mediator must be empowered and have the ability and insight to explain consequences of different outcome scenarios.

The Mediator is the guardian of the process in which he/she establishes the context and framework for the process and able to influence a willingness to resolve and motivate parties to connect, engage and communicate in a constructive way, not limited by the substance of the law or argued position in law, and negotiate in a ‘principled’ way. The Mediator should encourage the parties to seize the opportunity as their first and best opportunity to resolve the dispute in the most efficient self determinative way in parties mutual “Best Interests”.

Sometimes a mediation will fail; why?

There are essentially only seven reasons why mediation will fail:

Preparation by the parties and their legal counsel and advisors is important to the success of the process, and the Mediator can and should take a proactive role in the pre-mediation stage by encouraging parties and their counsel to prepare short but succinct ‘position papers’ that should be sent to the Mediator and exchanged with the other party on a without prejudice basis marked ‘For mediation purposes only’, detailing: