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RIGHT BRAIN APPEALS

Letting the participants know you “feel their pain”

One of the ways in which a mediator develops a rapport with the parties and their counsel is by communicating to them that he/she understands and empathizes with the emotions and frustrations they are feeling.

For example, a mediator may engage the plaintiff in a discussion of the symptoms of emotional distress frequently experienced by an individual when terminated to impress on the plaintiff that he/she knows how emotionally devastating a termination can be to a person.

Similarly, a mediator may communicate to an employer his/her understanding of how frustrating it can be to attempt to comply with complex and highly technical wage and hour laws.

In expressing such empathy, however, the mediator must be careful not to impliedly communicate agreement with a party’s underlying legal position.

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