Trust pays Dividends in Mediation

As a lawyer practising in the family jurisdiction over many years, I have often explained to clients that "transparency means trust" when litigating. Failure to disclose or deliberate deceitfulness is likely to impact on the other party's ability or willingness to negotiate during settlement attempts.

Trust is also vitally important in mediation. As with litigation, transparency assists parties to negotiate and reach a resolution.

Parties to mediation must also trust the process and the mediator if resolution chances are to be optimised.

The mediation intake plays a most important role in developing trust - both in the process and the mediator.  It provides an opportunity for the mediator to explain his or her independence and neutrality and the mediator's role.

Most importantly, however, through careful listening, eye contact and a genuine interest in what parties say, mediators are able to establish rapport and develop trust. This rapport and trust Is an investment by the mediator which can produce big dividends in terms of results should the going gets tough later in the mediation.  

Clearly trust in it's many facets is important to mediation success.