When Legal Expertise Isn't Enough

Mediation is increasingly being used in less traditional forums like in the workplace, among families quibbling over an estate plan, or even with couples in counseling.  It makes sense, therefore, not to simply look at the conventional qualities it takes to be a good mediator, but to also consider less traditional qualities for these types of conflict. While factors like expertise, neutrality, and communication skills are always important to consider, there are other qualities that often get overlooked that can be very helpful in resolving an "outside the box" scenario.

1.     Personality Match: Beyond just professional qualifications, consider the mediator's personality and how it meshes with yours and the other party's. A mediator who shares similar values or communication styles might establish rapport more easily, leading to a smoother mediation process. On the other hand, sometimes a mediator with a contrasting personality can bring fresh perspectives and challenge entrenched viewpoints.

2.     Creative Problem-Solving Skills: Look for a mediator who thinks outside the box and is adept at finding creative solutions to complex problems. Conflict resolution often requires innovative approaches, and a mediator who can generate unconventional ideas or suggest alternative strategies can help break deadlocks and facilitate breakthroughs.

3.     Sense of Humor: While conflict resolution is serious business, a mediator with a good sense of humor can lighten the mood and diffuse tension. Laughter has a way of breaking down barriers and fostering connection between parties. A mediator who can inject humor appropriately into the process can help create a more relaxed and productive atmosphere.

4.     Emotional IQ: Often times, a mediator’s success is all about her ability to read the parties and to respond to their concerns and hopes in ways that allow for connection and trust.  The more trust and connection there is with the mediator, the more a mediator can move the needle in a matter.  This is especially important in high-conflict matters: A mediator who can both honor the high emotions of the moment, while also guiding parties into a more of a problem-solving, arms-length view of the conflict, is vital to resolution. 

5.     Multilingual or Multicultural Skills: In an increasingly globalized world, conflicts often involve parties from diverse cultural or linguistic backgrounds. A mediator who is fluent in multiple languages or has experience working across cultures can bridge communication gaps and ensure that everyone feels heard and understood, regardless of their native language or cultural norms.

Author: Diana Maier, Partner. Diana is a Spanish-speaking mediator with a specialty in resolving employment and business dispute litigation, but is also successful in mediating interpersonal conflict, such as a personal or professional relationship that is struggling.

This article has been prepared for general informational purposes only and does not constitute advertising, solicitation, or legal advice. If you have questions about a particular matter, please contact the Maier Law Group directly.