ITUNA is a five-step approach to mediation, including information, speaking and listening, understanding, negotiation, and agreement. The process aims to help parties find a solution to their dispute by facilitating communication and understanding. While ITUNA is a useful approach, mediations can be more complex and may not follow the exact order of the steps.
ITUNA is an approach or process that a mediator can use to mediate a dispute. Mediation is basically a process in which two parties to a conflict enlist the assistance of a neutral, non-disputing third party to help the parties find a solution to their dispute. ITUNA is an acronym used to describe the five main steps to facilitating mediation, namely (1) information, (2) speaking and being listened to, (3) understanding, (4) negotiating, and (5) agreement.
The information phase of the ITUNA process is intended to provide the parties with information on mediation. Some questions that may be asked and answered as part of this stage include (1) how the process will be conducted, (2) how much the mediation will cost, (3) how often mediations end in settlement, and (4) information on the qualifications of the mediator.
The second phase of the ITUNA process, speaking and being heard, focuses on the parties expressing their views and the opposing party listening to what the other party is saying. Many mediators believe that conflicts arise from poor communication, and as a result, much of the mediation process focuses on allowing the parties to vent and hear the other side’s point of view. The mediator’s style at this stage can range from being active and having an interactive conversation with the party sharing their opinion on the issues or being passive and allowing the party to express their opinion on the issues without interruption.
The third stage of the ITUNA process, understanding, aims to make the parts less positional. By restating the issues raised in the previous stage, the mediator seeks to help the parties gain a better and more complete understanding of the situation. Most importantly, perhaps, to understand the other side’s point of view. In evaluative mediation, a form of mediation in which the mediator gives his opinion on the matter, this stage is minor if any. In traditional mediation, where the mediator provides no opinion on the issues involved, understanding is often the key component to having a successful mediation. The understanding phase often culminates in listing the relevant issues of the conflict.
Negotiation is the fourth stage of the ITUNA process. Here the parties negotiate each issue identified in the agreement phase. The parties will generally go back and forth about what terms they are and are not willing to agree to. Mediators typically help the parties consider all potential options for reaching an agreement, including innovative options. Negotiation techniques abound and are often based on perceived notions of power.
The final stage of the ITUNA process is agreement. Ideally, if all other stages have been successful, the parties will be able to reach an agreement. The parties may choose to put the agreement in writing to help ensure its enforceability.
Mediations are usually not as simple and straightforward as ITUNA, especially in party-focused mediations, where the parties determine the process. Often a stage is not fully addressed before moving on to the next stage. Consequently that phase can be repeated. The phases may also be tackled in an order other than that listed in the acronym. Information, for example, may come after the stage of speaking and being listened to.
While ITUNA is an approach for conducting an entire mediation, it is also the approach for dealing with interpersonal issues. In fact, many recommend ITUNA as an effective process for resolving disputes or conflicts that arise in normal, everyday life.
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