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CONCLUSION

A good mediator will not apply the same “style” in every mediation in his/her quest to hear “yes” from the parties to settlement. He/she will rather adapt his/her methodology to fit the nature of the dispute, the personalities of the parties, the type of relationship that exists between the parties, and the stage of the process in which the dispute exists. Much of this adjustment will occur subconsciously as the mediator is required to respond in an impromptu manner to developments in the mediation.

One should try to identify the “tools” the mediator is applying the next time one finds oneself in a mediation. Doing so will enable one to interact with the mediator and the opposing side in the most effective manner possible. To the extent one believes that the mediator has failed to make use of a “tool” that may be productively applied to bring about settlement, one should feel free to suggest it to the mediator. One may also want to put some of the “tools” in the “mediator’s box” to work to augment one’s own persuasive powers as an advocate.

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