Building Confidence as a Mediator

One of the things I have noticed as I have become more comfortable mediating is when and how comfortable I am in pushing the parties and not giving up to soon. When I first started mediating I was a little bit apprehensive to push or ask certain questions when the parties were convinced that this was not going to work and they were not going to come to a settlement. As I have become more comfortable as a mediator, I have also become more comfortable in pushing the parties a little bit more and asking questions I would not have asked when I first began as a mediator. What I am finding is these questions are what will move people to settle. They push the parties to think of different ideas.



I remember a mediation I conducted that has been in civil litigation for over 4 years. The parties had made offers back and forth and back and forth. In the mediation session I encouraged them to think outside the box. I encouraged them to think of a settlement possibility that they could not get in the court that would be useful for them. In the end a settlement was reached and the parties agreed that one party would a give credit of services and product that his company made to the other party in lieu of a cash settlement. The other party had two years to use this credit. Both of the parties jumped right on the idea, it was a perfect settlement and something they could of never come to in a court hearing. The court could only look at cash damages. It was one of those win/win situations.



As you grow as a mediator you have to be a little bit assertive and be willing to ask the questions that may seem like you are keeping things going to long. There is the balance of course, that you cannot keep parties hostage until they settle and you have to know the difference. But quitting too soon is something that new mediators really need to pay attention to and make sure you work just a little bit to move the parties to settlement.