Skip to content

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

In a mediation between two Gujarat partners, one says 'I will think about it' after a proposal. The mediator, unsure whether this means acceptance, rejection or need for time, wants to overcome the ambiguity without pressuring him. Which technique is most suitable?

The mediator should use open-ended questions and reflective paraphrasing to clarify his meaning and needs. An ambiguous remark should not be assumed to be acceptance or rejection, and threats about litigation costs pressure the party and damage trust, which is inconsistent with a facilitative mediation approach.

  1. ATreat the statement as acceptance and record a settlement
  2. BTreat the statement as rejection and close the session
  3. CUse open-ended questions and reflective paraphrasing to clarify what he means and what he needsCorrect
  4. DWarn him that delay will lead to litigation costs

Explanation

Ambiguous statements should be clarified, not assumed. Open questions and paraphrasing invite him to explain his concerns without coercion. Assuming acceptance or rejection misreads him, and threats of costs create pressure and damage trust.

Did you get it right without looking?

One question tells you little. A timed set on Negotiation Skills and Communication shows your real accuracy, how long you take and where you lose marks.

Practise Negotiation Skills and CommunicationFree diagnostic mock

More Negotiation Skills and Communication questions