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CS Professional · Arbitration, Mediation and Conciliation · Negotiation Skills and Communication

A party's representative sits with arms folded, avoids eye contact and answers questions in one word after the mediator proposes a payment schedule. Which approach shows sound mediator communication?

The mediator should notice the non-verbal signals, acknowledge them gently and ask open questions, perhaps in a private caucus, to uncover the party's concerns. Silence is not consent, and threatening costs or ending the process hastily is contrary to the mediator's facilitative, non-coercive role.

  1. ATreat the silence as acceptance and record the schedule as agreed
  2. BObserve the non-verbal cues, acknowledge them gently and ask an open question, possibly in caucus, about concernsCorrect
  3. CWarn the representative that non-cooperation will lead to costs
  4. DStop the mediation immediately and declare it failed

Explanation

Body language can signal discomfort or disagreement. A skilled mediator notices it, checks it gently and probes with open questions, often privately. Assuming agreement is unsafe, and threatening costs or terminating prematurely is inconsistent with the facilitative role.

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