CommLab ADR

JDR
Communications
Laboratory
1
GLORIA ZOSA-SENO JDR * July 2015
MODULE OBJECTIVES
Appreciate the significance of
communication in negotiation, mediation
and conciliation, more particularly the
communications objectives in JDR
Explore and practice the communication
tools necessary for effective JDR practice
2
JDR * July 2015
GLORIA ZOSA-SENO
Starting Points
Communication in JDR requires a paradigm
shift from the trial mode.
This paradigm shift involves change in
thinking, in attitude, and in skills.
Change is not always easy.
3
Paradigm Shift
How can we explore new lands if we are
afraid to let go of the shore?
4
A Review of Working Paradigms
PAST NEW & EMERGING
TRIAL TRIAL
+
MEDIATION
+
JDR
5
The Interlinking Paradigms of JDR:
The PROCESS Paradigm

From TRIAL To JDR
The OBJECTIVE of the Process

From JUDGMENT To Mutually-Agreed
(Trial) Settlement (JDR)
The BURDEN of the Process

From the JUDGE To the PARTIES
6
The Interlinking Paradigms of
JDR:
The Process Paradigm / Paradigm of Approach
The Paradigm of the Objective
The Paradigm of the Burden of the Process
The Paradigm of Product or Outcome
The Paradigm of a Judges Role & Burden
The Paradigm of Focus (REVIDS vs. ROVIDS)
7
Interlinking Paradigms of
JDR/
The Paradigm of Representation
The Paradigm of Time
The Paradigm of Language and Climate
The Paradigm of Participation
The Paradigm of Communication
8
The Emerging Paradigm of JDR
* KNOWLEDGE
TRIAL
+ CHANGES * SKILLS
MEDIATION
* ATTITUDES
+
JDR n t!
e re
di f
is
JD R
New TV
9
THE JDR PROCESS
Opening Statement/Remarks
Statement of Facts
Determination of problems to solve
Development of options
Negotiation
The agreement
End of settlement conference

10
The Information Paradigm
(a.k.a. The Lessons of Le Rat)
Information (JDR)
Information (Trial) SUBSTANTIVE

INTERESTS
NEEDS &
WANTS CONCERNS
EMOTIONS &
HOPES DESIRES VALUES &
& FEARS BELIEFS
DATA THAT IS Data
that is
PRESENTED PSYCHOLOGICAL presented
INTERESTS OTHER INFO
NOT PRESENTED
ASSUMPTIONS EXPECTATIONS
PROCEDURAL
INTERESTS
11
The Communication Paradigm
DATA THAT IS
PRESENTED
Receiving
Information
vs.
Mining
Information
12
Major Communication
Objectives in JDR
FOR THE JUDGE
To create and foster the environment of trust and

collaboration
To gather and surface relevant information
To understand parties interests, concerns, and
needs and assist parties understand each other
To manage the process with objectivity and
impartiality
To help parties achieve win-win outcomes
13
Communication Components
l a
Ve
rb
ve
rb
n-
a
l
No
Para-language elements
Volume
Speed
Tone
14
JDR COMMUNICATION SKILLS AND TOOLS
Active Listening
Questioning
Non-Defensive
Responses
15
COMMUNICATION SKILLS AND TOOLS
Restate
Reflect
Active Listening
Reframe
Summarize
Questioning
Listen NOT with the
intent to defend or refute,
but to learn or to
Non-Defensive understand.
Responses
16
Verbal Communication Skills:
ACTIVE LISTENING
Restate
Reflect
Reframe
Clarify
Summarize
Encourage
Validate
17
JDR COMMUNICATIONS LAB
Active Listening: Restating/Reflecting
ACTIVE LISTENING: RESTATE
Restate: To say in your own words the main

content of the message.
18
ACTIVE LISTENING: REFLECT
Reflect: To hear the feeling or emotion being

expressed by the speaker and to name it for the
speaker for purposes of showing that you
understand how the person feels and what their
concerns are.
19
EXERCISE 1:
Using the statement below, let us rephrase to illustrate a
Reflecting exercise.
I have been a tenant in this building for more than

five years now and have always been a good payer,
often issuing the monthly check payments before the
due date. The building owners young son, fresh out
of college, has taken over building administration and
he has asked an agency to do a background check on
me. Furthermore, he wants me to issue post-dated
cheques in advance for a whole year!
20
ACTIVE LISTENING: REFRAME
Reframing: A rewording technique that aids in

identifying underlying values, hopes, and
expectations of the other person. When reframing,
you are making a hunch of the underlying interests
behind a position. It can also be used to address
assertions which are accusatory or negative and
surface a positive intent.
21
EXERCISE:
REFRAME FROM POSITIONS TO INTEREST
I dont understand why my superior didnt agree that

I would be part of the Collective Bargaining
Committee. Im steward of the unit with the most
number of employees and I know what the workers
want and dont like. Besides, I also have to
balance the workload during negotiation time.
22 JDR * July 2015

GLORIA ZOSA-SENO
EXERCISE:
REFRAME A NEGATIVE ASSERTION
I dont believe that theres a role for me as a

parent under this arrangement, Judge. You
just cant convince me that the court is also
after my interest.
23
EXERCISE:
REFRAME AN ACCUSATORY STATEMENT
I know Im being railroaded to leave the company. I

am the only female in our department and when
informal meetings are needed, the manager always
insists on discussions over a bottle of beer. Then
my colleagues make remarks about being female
and they view me as extra baggage.
24
ACTIVE LISTENING
Restate
To say in your own words the main content
* Reflect
To hear the feeling or emotion being expressed and to name it for the
speaker to show you understand how the person feels and what their
concerns are.
* Reframe
To reword in a way that identifies underlying interests, thus helping to
identify the positive intent of the speaker
25
THE IMPORTANCE OF ACTIVE LISTENING
Clarify
- serves both judge and parties
Summarize
- use for moving forward
- tool for clarifying positions, interests, key points, and
agreements
Encourage
- means for enhancing trust
- tool for power balance
- mechanism for surfacing relevant information
Validate
- tool for positive reinforcement
- tool for raising confidence in the process
26
Verbal Communication Skills:
QUESTIONING
Broadening Questions
Explaining Questions
Interest-based Questions
Challenging Questions
Brainstorming Questions
Consequential Questions
27
Other Verbal Communication Skills:
NON-DEFENSIVE RESPONSES
ASSERTIVE (but not blaming)
STATEMENTS
EMPATHETIC RESPONSE
28
Non-defensive Response
NON-DEFENSIVE RESPONSE
A non-defensive response is a communication

skill used when you are challenged, questioned,
blamed, or accused that helps to de-escalate the
other person's anger, frustration, etc.
29
TASK:
What non-defensive responses could be made in the
example situation presented below?
Explore other situations or circumstances when a non-
defensive response would be needed.
EXERCISE:
You are the expert in Law, Judge. I am sure you are
aware that the other partys arguments have absolutely
no leg to stand on.
30
Communication Components
l a
Ve
rb
ve
rb
n-
a
l
No
Para-language elements
Volume
Speed
Tone
31
The Value of Non-Verbals
To create safe space
To establish a more open climate
To balance power
To show impartiality
To foster collaboration
32
EXERCISE: Non-Verbal Communication
The practicing JDR judges at your respective tables will be
sharing with you their experiences and insights on Non-
Verbal Communication in the course of running a JDR
session.
They will SHARE:

* Positive non-verbal behaviors that help create safe
space
* Undesirable non-verbals which a judge might
exhibit
* Para-language elements to look out for
* Ways of managing the physical space and
environment
33
EXERCISES: Non-Verbal Communication
Cite positive non-verbal behaviors that help

create safe space
Identify undesirable non-verbals which a judge
might exhibit
Para-language elements to look out for
Managing the physical space and environment
34
A FEW CLOSING POINTS FOR JDR
COMMUNICATIONS:
Shift from judgment to curiosity.
Listen NOT with the intent to defend or refute, but to

learn or to understand.
Speak to help parties understand and be understood,

not to judge or to blame.
Help the parties reach a WIN-WIN agreement.
Be sensitive to the unsaid messages.
35
Thank you
36

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JDR

The PROCESS Paradigm

The OBJECTIVE of the Process

The BURDEN of the Process

End of settlement conference

Information (Trial) SUBSTANTIVE

To create and foster the environment of trust and

ACTIVE LISTENING: RESTATE

Restate: To say in your own words the main

ACTIVE LISTENING: REFLECT

Reflect: To hear the feeling or emotion being

I have been a tenant in this building for more than

ACTIVE LISTENING: REFRAME

Reframing: A rewording technique that aids in

I dont understand why my superior didnt agree that

22 JDR * July 2015

I dont believe that theres a role for me as a

I know Im being railroaded to leave the company. I

A non-defensive response is a communication

They will SHARE:

Cite positive non-verbal behaviors that help

Shift from judgment to curiosity.

Listen NOT with the intent to defend or refute, but to

Speak to help parties understand and be understood,

Help the parties reach a WIN-WIN agreement.

Be sensitive to the unsaid messages.

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