Manipulation? Mediation?

Do Mediators Use Manipulation?

In the mediation community there has been a long standing debate regarding the manipulative nature of mediation. In the past week while conducting a Basic Mediation Training I found myself thinking a few times…. “Wow, am I telling these people to be manipulative?”

How does the possibility of manipulation enter into the mediation process? I believe there is a possibility of it in many areas……
Questions that are asked or not asked. As a mediator we make decisions throughout the mediation process regarding the questions we may ask, how we ask them, who we ask them too and something I think we don’t think of often enough…. The questions we decide not to ask.

The Tone we use in the mediation session. So much of communication is non-verbal and some of that is the tone of voice we use while interacting with the parties. Our tone of voice can set the “tone” of the mediation session. Different tones will set a different environment and we as the mediator are in control of that.

The use of Silence. Like the questions we ask or do not ask, the way we use silence, when we use silence and with whom we use silence can have an effect on the mediation session. The choice of the mediator to not use silence at a certain point in the mediation can also have an effect.

The use of Touch. This is a “touchy” subject. At times when I mediate I may reach across and touch a participant on the arm. This can be a gesture of support, a way to intervene and stop negative behavior, or can be used in a humorous moment.

Don’t get me wrong…. I don’t think that it is a bad thing if at times we employ the use of strategies that could be seen by others as manipulation. As with everything in mediation and in life, I think the key to this issue is being aware of what you are doing and why you are doing it. There are some ways in which the techniques listed above can support and enhance the mediation process and the outcome for the parties.

For example, at times the use of questions can be used to Challenge the Thinking of the participants and/or encourage them to Think in a New Way. This is the goal of mediation in my mind. If we are not assisting the parties to explore new ideas or solutions or if we are not challenging their thinking on an issue or conflict, what are we doing? We have to have a strategy in order to help the parties move down the road to possible resolution.

In reality we do control some of the outcome in certain mediation sessions. We do it differently than other professions…... It is different because we do not overtly give advice or an opinion. Does this difference ensure self determination? If we are asking or not asking leading questions, how does this impact the outcome of a given session? How do mediators reconcile this as being better than active advice?

I think we reconcile it by remembering:
Open ended questions can give parties more latitude than direct advice.
Suggestive questions are less pressure than direct advice.
“What if” questions help parties to explore the possibilities.
And finally, no one ever has to agree to any terms of settlement…….