Frequently asked Questions

For parties in mediation to reach an effective and sustainable agreement, they need to experience a change in their thinking about their conflict.

This shift in a party’s thinking and approach is achieved when they gain new information and insight that leads them to look at their conflict from a different perspective. The way to bring in new information, to clarify existing information and to create insight for the parties is by asking powerful mediation questions.

The S Questions Model is introduced and developed in the book authored by Gerry O’Sullivan – ‘The Mediator’s Toolkit: Formulating and Asking Questions for Successful Outcomes’.
This model is designed to uncover information that specifically creates new insight for the parties to shift their thinking about the conflict.

The model is designed to house a toolkit of questions that can be asked during a mediation process. This book demonstrates the theory behind the question types, their purpose, how they work, when they are used and how they are built and applied to mediation.

There are four dimensions of questions in the S Questions Model:
• S1: Subject Matter Dimension of questions
• S2: Structure Dimension of questions
• S3: Seeking Information Dimension of questions
• S4: Shift Thinking Dimension of questions

The S4 Shift Thinking Questions are brought alive and explored in detail in the mediator’s advanced Online and In person training delivered by Gerry O’Sullivan:
https://www.osullivansolutions.ie/mediation-questions-training/
This training includes film footage of roleplayed mediations to demonstrate the application of the theory to practice.

The best tip for posing mediation questions is to ask are about what you are hearing a party say! It is a basic, simple technique, but really effective as you are following a person’s thought process and helping make their unconscious thinking process conscious. These simple mediation questions can often be the most powerful mediation questions that you can ask.

Training is provided by OSullivan Solutions. This training includes roleplayed mediation films and exercises and is delivered by the author of ‘The Mediator’s Toolkit: Formulating and Asking Questions for Successful Outcomes’, Gerry O’Sullivan. osullivansolutions.ie

This training is packed with learning resources and is offered through three formats:

1. As a live zoom training package:
https://www.osullivansolutions.ie/mediation-questions-training/live-online-mediation- questions-training/

2. As a self-paced learning resource package:
https://www.osullivansolutions.ie/mediation-questions-training/online-video-mediation-
questions-training/

3. As an In-person learning package:
https://www.osullivansolutions.ie/mediation-questions-training/2-day-in-person-mediation-questions-training/

Yes, there are many samples of questions to be used in particular scenarios as well as the theory behind the formulation and asking of the questions.

One small example would be the S4: Distinction & Difference Questions. These questions bring clarity, relevance, measurement, boundary and a different perspective to conflict issues. Asking questions that explore the distinctions and differences in how parties are thinking, and that create distinctions between the various facets of a conflict, supports them to think incisively.

If you are stuck during a mediation and don’t know what to do next, it is very helpful to do a summary of what parties have said during a mediation. Delivering this summary will help them to know that they have been heard and are important and this will help them to relax a little more.

The great value for a mediator is that when they do this summary, they need to engage their pre-frontal cortex in order to compose and deliver it. This is where our logical and rational thinking is done. A mediator will then be able to think more clearly as to what they need to do next.

Have a look at this complimentary film to understand more about what happens in our brain if we are feeling vulnerable or frightened:
https://www.osullivansolutions.ie/mediation-questions-training/
Then scroll down to see the film titled:
Module 1a The Context for Creating a Paradigm Shift

Using the technique of ‘signposting’ is very helpful for managing interruptions. Parties are anxious that they will not get the opportunity to say all that they wish to say. You ‘signpost’ by letting the parties know what you are going to do next by saying something like:

• ‘I would like to hear from each of you and, Mary, I will ask you first what has been going on for you and then I will ask you the same question, John. I would like each of you to really listen to the other and if you feel like interrupting, please hold it and don’t worry as I will give both of you all the time you need to say whatever is going on for you.’

When facilitating parties to get to underlying interests, it is not so much that you ask a very powerful underlying interests mediation question of them, but that you ask a simple mediation question about that which matters to them. The key areas about which to ask the best mediation questions are values or beliefs, worries, concerns, impact and any emotions that arise for them. If their sense of status, certainty, or autonomy has been affected, if they feel that something is not fair or if their connection with others has been impacted, these are all warnings that something deep has been impacted and this is where a mediator needs to ask exploratory questions, gently.

This link below will take you to a demonstration of a roleplayed mediation done in 2013 which demonstrates how asking simple questions, about the topics I have just outlined above, can have a powerful mediation outcome.
https://www.youtube.com/watch?v=uNx-WAoIlrI

This is done by asking powerful mediation questions about what a party says so that a mediator brings out their conscious or unconscious thought process. However, these questions need to be checked for safety at a private caucus meeting first. You can then follow with more Journey of Inference questions based on The ‘S’ Questions Model as demonstrated during the mediator’s advanced online training delivered by Gerry O’Sullivan:
https://www.osullivansolutions.ie/mediation-questions-training/
This training includes film footage of roleplayed mediations to demonstrate the application of the theory to practice.

Asking BATNA/WATNA/MLATNA questions is an effective way of facilitating a party to think through their options.
e.g.

• ‘What is the Best/Worst/Most Likely Alternative to a Negotiated Solution?’

Remaining impartial and displaying appropriate body language when I am asking questions in mediation is crucial, especially if the questions are being asked of the ‘complained against’? However, a display of anger from a party can be a great friend of a mediator as what is said by a party can be used to ask some gentle probing questions to bring out more information and insight.

This is the brain’s threat detector. Learn more about this in this complimentary video:
https://www.osullivansolutions.ie/mediation-questions-training/
Then scroll down to see the film titled:
Module 1a The Context for Creating a Paradigm Shift

Remember the importance of the mediation principles of voluntariness and self-determination and it really helps a party to know that they can leave the mediation process at any stage they wish, without needing to give any explanation as to their reasons for taking this step.

My body language needs to portray my adherence to these mediation principles. This will result in my being able to ask a party exploratory question in a safe and non-threatening way that will not invite ‘push-back’ from them.

I can then gently explore what is it like for them to be in mediation, what is concerning them about the process, what their worries are about how the process will be managed and what their concerns are about any potential mediation agreement or settlement.

If parties have finished expressing their emotions and venting, and if there is no more information or insight to be gained, then moving to Future Focus questions will serve to take the parties out of the negative narrative and move to a new narrative. This changes their possible negative state to a more positive state from which they will be able to think more logically.

Examples of Future Focus Questions:

• ‘If all was working well in 6-months’ time, what would this look like?’
• ‘What would that feel like?’
• ‘What agreements would you have made with each other to have achieved this
  outcome?’

Start to ask effective mediation questions that will help to shake their conviction … just a little. This will allow space for them to reflect a little more.

• ‘How might this option work? In what way might it not work?’
• ‘When would it work? When might it not work?’
• ‘What external factors could sabotage the working of this agreement?’
• ‘What internal factors could sabotage the working of this agreement?’
• ‘What are the things you might not know about at this stage? Where could you find out more?’
• ‘How would this proposed solution meet the interests and needs of both of you?’
• ‘At what level would you peg the appropriateness of this solution
• 10 = very appropriate
• 0 = not appropriate at all?’
• ‘What needs to be in place to make this a solution that meets the interests and needs of both of you?’

OSullivan Solutions advanced mediation questions training is packed with learning resources and is offered through three formats:

1. As a live zoom training package:
https://www.osullivansolutions.ie/mediation-questions-training/live-online-mediation- questions-training/

2. As a self-paced learning resource package:
https://www.osullivansolutions.ie/mediation-questions-training/online-video-mediation-
questions-training/

3. As an In-person learning package:
https://www.osullivansolutions.ie/mediation-questions-training/2-day-in-person-mediation-questions-training/