COMMENT FOR THE DAY #73 10 APRIL 2021

MEDIATION

The term “Private + Confidential” is often seen as a given. But too often is taken for granted + Mediators need to remind the parties at the beginning of each meeting of the importance + significance of these three words. They do matter.

The parties, whenever they go into a one-on-one session with the mediator, need to be aware of the role that “P+C” plays in a mediation. It is a moment in time + the words have meaning. Every time the Mediator meets in a caucus meeting with just one party he/she needs to look the Party in the eye, not looking out of the window, and remind the Party that the exchanges stay within the room. They are Private. They are Confidential + it means the Party can say anything to the Mediator in the certain knowledge that it does not go further.

Parties need to be coaxed into not holding things back. They have to open up to you. You need to persuade them that their innermost thoughts should be shared with you. This enables you to do your job

More about this on 12 May 2021.
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