How can you use problem-solving mediation to build trust between parties?

1 What is problem-solving mediation?

Problem-solving mediation is a style of mediation that focuses on finding a solution that satisfies the needs and interests of both parties, rather than imposing a compromise or a legal judgment. It is based on the assumption that the parties have a common problem that they can solve together, rather than a fixed position that they have to defend or concede. Problem-solving mediation encourages the parties to communicate openly, explore their underlying motivations, and brainstorm creative options.

2 Why is trust important in problem-solving mediation?

Trust is a key element in problem-solving mediation, as it enables the parties to share information, express their emotions, and cooperate with each other. Without trust, the parties may be reluctant to reveal their true interests, afraid to propose innovative solutions, or skeptical of the other party's intentions. Trust also helps the parties to overcome their biases, assumptions, and stereotypes, and to view the other party as a partner rather than an adversary.

3 How can you build trust in problem-solving mediation?

Building trust in problem-solving mediation requires both skills and attitudes from the mediator and the parties. To do this, it is important to establish rapport and empathy, clarify the process and roles, encourage joint problem definition, facilitate collaborative brainstorming, and support mutual evaluation and selection. Show respect, curiosity, and understanding for each party's perspective, feelings, and needs by using active listening, paraphrasing, and summarizing. Explain the purpose, goals, and steps of problem-solving mediation and how it differs from other forms of dispute resolution. Frame the conflict as a shared problem that can be solved together rather than a win-lose situation. Generate as many possible solutions as possible without judging or evaluating them. Evaluate options based on criteria that both parties agree on such as feasibility, fairness, durability, and satisfaction. Help them select the option that best meets their interests and needs and to negotiate any details or contingencies.

4 What are the benefits of problem-solving mediation?

Problem-solving mediation can offer several benefits for the parties and the mediator, such as enhancing the relationship and communication between the parties, increasing their satisfaction and commitment to the outcome, promoting creativity and innovation, as well as saving time and money. It can foster a sense of mutual understanding, respect, and cooperation while reducing any negative emotions or stress associated with the conflict. Furthermore, problem-solving mediation can increase the parties' empathy and compassion for each other, as well as their satisfaction with the outcome since it reflects their interests and needs rather than a compromise or a legal ruling. Additionally, it encourages creativity and innovation by stimulating the parties to generate multiple options that they can combine or modify. Finally, it is faster, cheaper, and more efficient than other forms of dispute resolution such as litigation or arbitration, which can prevent an escalation of conflict and minimize costs.