Mediators sometimes give their views to parties concerning options for solutions. In fact, the model of evaluative mediation is mainly based on the opinions given by the mediator to move past the impasse. However, when it comes to disclosing their mediation strategies to the parties, mediators are much more hesitant. Should we, for example, explain why we allow a party to go first? A reflection of Michael Moffit (1997) and echoed by Alan Gross (2011) suggests that the mediator should not hesitate to reveal his strategies.
Two concerns could explain why mediators may potentially conceal their strategies to parties. First, mediators may fear that revealing a strategy reduces the effectiveness of that strategy. In other words, if the parties are aware of the strategy, they may not let the mediator operate freely. Secondly, for some mediators, explaining their strategies may result in a loss of prestige. Mediators are conceptualized as magicians that use "special" strategies to bring the parties to an agreement. Therefore, the mediator who reveals his strategies will dilute his expertise and may lose status among parties.
On the other hand, mediators can enhance the parties’ conduct during the mediation process by revealing their strategies. For example, revealing strategies promotes confidence. One of the pillars of trust is predictability. As such, the more parties are able to anticipate what will happen in mediation, the more they will trust the mediator. Thus, revealing strategies reduces uncertainty and increases the level of confidence.
Revealing strategies promotes the complicity of the parties. Understanding the mediation strategies not only increases their acceptance by the parties, but also encourages adherence to these strategies. As a result, the parties may agree to adjust their behavior to facilitate mediation if they understand the strategy of the mediator. For example, the parties could more easily accept certain requests which arise later in the process so as to not ‘add fuel to the fire’ if they understand how this approach fits into the game plan of the mediator.
However, disclosing strategies to the parties in order to promote collusion can create a challenge for the mediator with respect to maintaining impartiality. One of the basic rules is to ensure that the level of transparency of strategies is the same for all parties.
References
- Gross, A.E. 2011. « Transparent Mediation: Giving Away our Strategies » Mediate.com, March 2011.
- Moffit, M. 1997. « Casting light on the black box of mediation : Should mediators make their conduct more transparent? » Ohio State Journal n Dispute Resolution, 13, p. 1-49.
Comments
More importantly, the benefit of including "training" within a session is that clients can carry mediation benefits and skills to their everyday life. In a transparent session, parties may work on understanding and possibly resolving the instant dispute AND also picking up some useful communication skills! For a brief elaboration see http://www.mediate.com/articles/grossa1.cfm