Page 27 - Becoming a Better Negotiator
P. 27

 A second, and equally important but often ignored, question is the style or personality of the mediator. In one recent mediation, the mediator’s opening revolved around convincing the parties that he had subject matter expertise resulting in the perception by the parties that he thought he knew their case better than they did. As you can imagine, he lost the ability to convince the parties that he was neutral during the process.
One of the first things every good mediator tries to accomplish is building credibility with the parties. That credibility is based upon conveying impartiality and that the mediator either has no particular bias or can set any bias aside to be neutral. Challenging one party is better received if that party believes that the mediator is challenging the other side in the same manner.
In a survey conducted by the Harvard PON, top mediators identified three key traits of successful mediators: 1) an ability to build rapport, which they defined as a relationship of understanding, empathy, and trust; 2) creativity -- the ability to help the parties look at the problem differently and find ways to overcome obstacles to resolution; and, 3) patience -- a willingness to allow the parties to come to a resolution in their own way and their own time
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