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How Good Is Your Mediation GPS?
Many people think that mediators spend a lot of time helping them make informed decisions. I don’t think that’s accurate.
Good mediators help folks explore solutions.
Great mediators, however, see mediation as a three-step process. First, they assist the parties to articulate their goals, either in joint session or in caucus. Secondly, they help explore where and how those goals intersect. Finally, they step away to empower the participants’ mapping of their own route or routes from “right now” to the time of accomplishment of the joint goals.
Each stage requires different mediator strengths. The first stage requires mediator patience, the ability to ask thoughtful, insightful questions and the rapid ascertainment of behavioral anomalies, if any.
The second stage requires the mediator to assist the parties to find commonalities where, perhaps, none previously were obvious. Sometimes it just takes a fresh eye. Sometimes it takes the recognition that people process information differently and, in fact, may be saying the same thing, but differently. Sometimes it takes a good foundation in algebra — “if A, and B, then C must be true.”
The third stage requires the mediator to step back a bit and act less like a travel guide and more like a mine-sweeper to help clear the path forward for the participants to travel down.
All stages require the mediator to be able to inspire trust and maintain his/her credibility inside the conflict, while remaining neutral.
Nothing contained on this page should be construed as providing legal advice or creating an attorney-client relationship. All information herein is intended as educational only. For advice specific to your situation, please contact an attorney of your choice.