CS Professional · Arbitration, Mediation and Conciliation · Negotiation Skills and Communication
During a mediation, Sunita, a promoter, nods and says 'fine' to a proposed settlement but crosses her arms, avoids eye contact and speaks in a flat tone. The mediator suspects reservations. Which approach best addresses this communication barrier?
The mediator should hold a private caucus and ask open-ended questions to explore the gap between Sunita's words and her body language. Her crossed arms and flat tone suggest reservations, so assuming consent or pressuring her would risk an unstable settlement and breach the mediator's neutrality.
- ATreat the verbal 'fine' as final and draft the settlement immediately
- BHold a private caucus and use open-ended questions to explore the mismatch between her words and body languageCorrect
- CWarn her that silence will be treated as consent
- DAsk the opposite party to pressure her to speak
Explanation
Non-verbal cues contradict the spoken agreement, indicating hidden concerns. A private caucus with open-ended questions lets the mediator explore them confidentially. Treating the words as final risks an unstable settlement, and pressure or treating silence as consent is improper for a neutral mediator.
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