In mediation, trust means having a reasonable belief in the skill, honesty, and openness of the people involved in the negotiation. It’s about knowing what to expect from others and understanding their limits. Trust isn’t about being overly optimistic but about being realistic. Trust is essential for making negotiations work.
Yet, trust is often one of the first casualties of conflict. This breakdown can significantly hinder the mediation process. Therefore, it is crucial to first acknowledge this loss. All parties need to understand that rebuilding trust is essential for a successful resolution, even if it’s just enough to enable effective communication. Similarly, the parties need to have trust in their mediator.
1. Practical Guidelines Can Help Participants Restore Damaged Trust:
- Communicate Clearly and Honestly: Be open about your intentions, needs, and concerns. Honesty helps rebuild a foundation of trust.
- Listen Actively: Show that you are genuinely listening to the other party. This respect can go a long way in restoring trust.
- Be Consistent: Follow through on promises and agreements. Consistency helps to establish reliability.
- Show Respect: Treat the other party with respect, even if you disagree with them. Respect fosters a more positive environment.
Things to Avoid:
- Avoid Deception: Don’t lie or withhold important information. Deception destroys trust and hinders the mediation process.
- Don’t Blame or Accuse: Avoid blaming the other party for past issues. Focus on solutions rather than assigning fault.
- Avoid Overpromising: Don’t make promises you can’t keep. Unrealistic commitments can lead to further distrust.
2. Essential Mediator Qualities for Building Trust:
To effectively build trust in mediation, the mediator must embody several key qualities:
- Competence and Expertise: A mediator must demonstrate a deep understanding of the mediation process. Their competence instills confidence in the parties, making them more likely to trust the mediator’s guidance.
- Neutrality and Impartiality: Trust in the mediator’s fairness is crucial. Mediators should maintain neutrality, treating both parties impartially and fairly. This balanced approach fosters a trusting environment.
- Transparency: Encouraging open communication and sharing all relevant, non-confidential information helps ensure everyone is on the same page. Transparency in the mediation process clarifies misunderstandings and reduces suspicion.
- Avoiding Bias: A mediator should never show favoritism toward one party. Avoiding bias is essential to maintaining trust in the mediator’s neutrality and the fairness of the process.
- Patience: Building trust takes time, and mediators should avoid rushing the process. Patience allows trust to develop naturally, which is critical for a successful mediation.
- Ethical Standards: Upholding high ethical principles ensures the mediation process is conducted with integrity. Mediators should promote and adhere to these standards to build and maintain trust.
- Confidentiality: Ensuring that what is shared in mediation remains confidential, as protected by California law, encourages openness and honesty among participants. This assurance of confidentiality is fundamental to fostering a trusting mediation environment.
By embodying these qualities, participants and mediators can create a conducive environment for rebuilding trust and achieving a successful resolution.
© 2024 Christian Fierro. Disclaimer: This post provides general information and does not constitute legal advice. Please consult an attorney for advice regarding your specific situation.