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

During a mediation between a Pune software firm and a Chennai client, the firm's counsel repeatedly says the delay was caused by 'scope creep and UAT slippage'. The client's accountant does not understand but stays silent and nods. What is the best step for the mediator to take?

The mediator should ask the counsel to restate the points in plain language and confirm the client's understanding. The problem is a semantic barrier caused by jargon, and a nod does not prove comprehension. Ignoring it or ending the joint session would not remove the barrier.

  1. AInstruct the accountant to read the contract terms before continuing
  2. BAsk the counsel to restate the points in plain language and check understanding with the clientCorrect
  3. CMove to a private session and end the joint session permanently
  4. DContinue the session since the accountant nodded in agreement

Explanation

The barrier is semantic, caused by jargon. A nod is not proof of understanding. The mediator should have the point rephrased in plain words and confirm understanding, rather than ignore it or end the joint session.

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