Phase III: Defining the Problem/Agenda Setting

Introduction:

After the parties vent in the storytelling phase, the next phase involves defining the problem. This note will discuss what happens at this phase, when to commence it, and the role of the mediator in this phase.

A. What Happens at this Phase?

Here, the mediator, after listening to the parties vent and tell their stories, frames and presents the issues that will dominate the negotiation. Thus, the issues to be resolved at the mediation are clearly framed.

The framing of the issues helps the parties gain clarity on what is truly at stake and ensures that the mediation stays focused on resolving the most pressing concerns. By defining the problem clearly, the mediator helps transform emotional grievances into specific, manageable issues that can be addressed through negotiation.

B. When to Commence this Phase:

According to Wildau (1987), as cited by McCorkle and Reese [1], there are five signs that indicate the time to move to the agenda-setting phase:

1. Parties begin to repeat themselves during the storytelling phase.

2. The mediator has enough material to work with, and the main issues appear to be on the table.

3. Parties state that they feel they have been heard.

4. Parties allow the mediator to define the issue as a joint problem or remove the egocentricity from a party’s issue definition.

5. Parties indicate, either verbally or nonverbally, that they are ready to proceed with joint problem solving.

It is essential to see these signs (or most of the signs) before moving to the agenda-setting phase. This is because if parties do not feel heard and the mediator does not have enough material to work with, the parties will still continue venting, and the mediator will define issues that are not agreeable to the parties.

C. What the Mediator Does at this Phase:

1. List and prioritise the issues: Here, the mediator lists the items to be negotiated. The order in which each of the issues will be negotiated or discussed must also be decided. In deciding this order, the mediator may look for omnibus issues, issues that logically start the discussion, or an issue that can easily be resolved to build a history of negotiation success and get the parties to trust in the capacity of the mediation process to resolve their dispute.

2. Frame the issues to create acceptance or cooperation and not resistance: The way issues are framed can trigger cooperation rather than trigger defensiveness and opposition. For example, an issue framed as “The issue here is that Kofi is always late to work, which shows a lack of commitment,” is problematic because it uses the absolute word “always” and attacks Kofi’s character. Consequently, it may trigger resistance from Kofi. The issue could be better framed as follows: “One of the key issues to address in this mediation is how to improve punctuality at work to ensure smooth operations and accountability for all team members.” Here, by not expressly mentioning a name and using absolute words, Kofi is more likely to be willing to work together to find a solution.

3. Highlight underlying interests: In listing and prioritising the issues, the mediator must highlight the interests that underlie the various positions of the parties.

4: Look for Common Ground: These are areas where the parties agree.