In this third of three posts, we continue our look at the ADR Suitability Guide published by the International Institute for Conflict Prevention & Resolution. Its third factor examines the potential benefits of mediation for the dispute in question.
Would mediation benefit the parties by:
· Helping them clarify the issues in dispute?
· Helping them to channel or control anger or other negative emotions?
· Giving one or both sides an opportunity to “get it off their chest” and tell their stories?
· Providing an opportunity for an apology?
· Providing them with a reality check from a knowledgeable intermediary?
· Providing a confidential setting in which to explore each other’s interests and needs?
· Helping them explore the possibility for creative solutions?
· Helping to educate the decision makers on either side?
· Providing an intermediary who could make offers and counteroffers more acceptable by presenting them as his/her own ideas?
· Providing an intermediary who can re frame proposals?
Some may derisively say that these 10 questions are touchy-feely and not truly relevant to resolving disputes between adversaries. But those who say that fail to comprehend that there are touchy-feely aspects to just about any conflict. Emotions color how all of us perceive. In disputes – even “purely” business disputes which are, of course, never “purely” business -- people have emotions. To fail to recognize these emotions practically guarantees failure of the mediation process. In cases where emotions run high, it is imperative to get a handle on these emotions as quickly as possible so that the parties can come together in resolution.