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Designing Resolution: Why Intent Matters in Mediation

As mediators, we have a responsibility to consider all parties and participants at mediation in order to provide a fair and equitable experience. This includes awareness of and sensitivity to the parties’ cultural customs and personal preferences. Words matter, but so does intentional planning, tailored to every mediation day.

We all bring our biases to the negotiating table. A mediator’s ability to interact with others in a way that makes them feel seen and heard determines the pace at which they will engage and advance at the negotiation table.The most important characteristics of a mediator are neutrality, connectivity, empathy, patience and curiosity. These traits intersect with a mediator’s skills to create an environment for trust that enables confidence, collaboration and concession from the parties. 

Process and progress are the focus at mediation, but thoughtful intent is the “equipment” through which mediators assist the parties in resolving the case. Every case is different, so it is the dispute resolution professional’s job to design an experience that gives parties the safe space to create solutions with our guidance. Articles about mediation are heavy in addressing intent and impact in terms of micro aggressions, diversity and cultural competency—all important considerations.

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This page is for general information purposes. JAMS makes no representations or warranties regarding its accuracy or completeness. Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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