Questioning and Clarifying

Objective:

By the end of this lesson, you will master the art of asking effective questions and clarifying issues. These skills will enable you to uncover deeper interests, reduce misunderstandings, and guide parties toward resolution with precision and insight.

Role Play: A Dispute Between a Farmer and a Herder in Laikipia Over Grazing Rights

To apply the concepts of this lesson, consider the following scenario:

Background: In Laikipia, a farmer, Esther, and a herder, Musa, are in conflict over grazing rights. Esther claims Musa’s cattle have trespassed onto her maize farm, damaging crops worth KSH 100,000, and demands he keep them off her land. Musa argues he has traditional grazing rights in the area and that Esther’s fences block his herd’s access to water. Tensions are rising, with threats of legal action and livestock seizure.

Parties Involved:

• Esther (Farmer): Wants Musa’s cattle off her land to protect her crops.
• Musa (Herder): Insists on grazing access, citing tradition and survival needs.

Task: As you work through this lesson, think about how questioning and clarifying could help Esther and Musa resolve their dispute. What questions would you ask to dig deeper? How would you clarify their positions? We’ll revisit this at the end to apply your learning.

Course Content:

1. Types of Questions

Effective questioning is a mediator’s tool to explore issues and interests, as outlined in the 40-Hour Mediation Course Handbook (Module 5, p. 69). The handbook identifies three key types:

• Open-Ended Questions:
  • Definition: Broad questions that invite detailed responses, encouraging parties to share thoughts and feelings.
  • Examples: “Esther, can you tell me how the cattle affect your farm?” or “Musa, what does grazing here mean to you?”
  • Purpose: Opens dialogue, reveals underlying needs (e.g., Esther’s crop security, Musa’s livelihood).
• Closed Questions:
  • Definition: Specific questions requiring short, factual answers (yes/no or brief details).
  • Examples: “Musa, do your cattle cross Esther’s fence?” or “Esther, have you lost crops this month?”
  • Purpose: Confirms facts or narrows focus, useful for pinning down specifics.
• Hypothetical Questions:
  • Definition: “What if” questions that explore possibilities and test solutions.
  • Examples: “What if Musa grazed elsewhere—how would that work for you, Esther?” or “Musa, what if Esther shared water access—what would that mean for your herd?”
  • Purpose: Encourages creative thinking and compromise.

Key Insight: Mix these types strategically—open-ended to explore, closed to confirm, hypothetical to innovate.

Reflection Question: Which type of question might best help Esther explain her frustration?

2. Techniques for Clarifying Misunderstandings

Clarifying ensures mutual understanding, preventing confusion from derailing mediation. The handbook (Module 5, p. 69) emphasizes techniques:

• Restating for Confirmation:
  • How: Repeat what’s said in your words and ask for agreement. “Esther, you’re saying the cattle destroy your maize—is that right?”
  • Benefit: Ensures accuracy, e.g., confirming Musa’s intent isn’t to harm Esther’s crops.
• Probing for Detail:
  • How: Ask follow-ups to dig deeper. “Musa, when you say ‘traditional rights,’ what boundaries do you mean?”
  • Benefit: Uncovers specifics, like whether Musa’s claim aligns with Esther’s property lines.
• Checking Assumptions:
  • How: Test unclear statements. “Esther, when you say ‘trespass,’ do you mean daily or occasionally?”
  • Benefit: Clears up exaggerations or misperceptions, reducing conflict fuel.

Practical Tip: Clarify early and often—misunderstandings escalate disputes.

Reflection Question: How might clarifying Musa’s “traditional rights” change Esther’s view?

3. How to Use Questioning to Uncover Underlying Interests

Questioning goes beyond surface positions to reveal deeper interests, a core mediation goal (Module 5, p. 69, tied to Harvard Approach, p. 14). Here’s how:

• Start with Open-Ended Questions:
  • Why: Draws out needs. “Esther, what’s most important about keeping your land clear?” might reveal security or income concerns.
  • Result: Shifts focus from “no cattle” to Esther’s livelihood.
• Follow with Closed Questions:
  • Why: Pins down specifics. “Musa, do you need this exact area for water?” could confirm if alternatives exist.
  • Result: Narrows the interest to water access, not just grazing.
• Use Hypotheticals to Explore Options:
  • Why: Tests flexibility. “What if Esther provided a water point—would that meet your needs, Musa?”
  • Result: Identifies trade-offs, like water for grazing limits.

Key Insight: Interests (why they want something) differ from positions (what they demand)—questioning bridges that gap.

Reflection Question: What underlying interest might Musa have beyond grazing rights?

Applying the Lesson to the Role Play

Let’s revisit Esther and Musa’s dispute:

• Types of Questions:
  • Open-Ended: “Esther, how has this affected your farming?” (Reveals crop loss impact.)
  • Closed: “Musa, is there another water source nearby?” (Confirms options.)
  • Hypothetical: “What if Musa grazed further away with water access—would that work, Esther?” (Tests solutions.)
• Clarifying Misunderstandings:
  • Restate: “Musa, you’re saying tradition allows grazing here—correct?” (Clears his claim.)
  • Probe: “Esther, what damage have you seen?” (Specifies loss.)
  • Check: “Musa, do you think Esther’s fence is new?” (Tests assumptions.)
• Uncovering Interests:
  • Esther’s interest: Protecting income (crops), not just land.
  • Musa’s interest: Water for cattle, not just grazing space.
  • Outcome: A solution like a shared water point with grazing limits emerges.

Your Role as Mediator: You’d use questions to dig into their needs and clarify disputes, guiding them to a practical resolution.