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

In a dispute over a lease, the landlord's representative, Mr. Iyer, folds his arms, avoids eye contact and answers 'Fine' in a flat tone when the tenant proposes a revised rent. The mediator senses that he is not truly comfortable. What is the most appropriate communication step for the mediator?

The mediator should hold a private session and use open questions to explore Mr. Iyer's concerns. His body language contradicts his verbal 'Fine', so the mediator should not assume acceptance, accuse him, or end the process, but should uncover unspoken interests confidentially.

  1. ATreat 'Fine' as a binding acceptance and draft the settlement terms
  2. BHold a private session (caucus) and gently explore his concerns with open questionsCorrect
  3. CTell the tenant that Mr. Iyer is being dishonest
  4. DClose the mediation as failed

Explanation

Non-verbal cues contradicting words suggest unspoken concerns. A mediator should read such cues and explore them with open-ended questions, ideally in confidence in a caucus. Treating the word as acceptance ignores the cues, and accusing him of dishonesty or ending the process is premature and breaches neutrality.

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