Credibility in Mediation
Benjamin SYLVAND
?? Résoudre les conflits ?? coach ? médiateur ? superviseur ? formateur
Credibility determines the effectiveness and success of the conflict resolution process. It is defined as the trust granted to the mediator and the mediation process by the parties involved. This perception, subjective, depends on the expectations, experiences, and frames of reference of each participant. Trust in the mediator and the mediation process is fundamental to its success. Without trust, there is no relationship, and the relationship is the very object of mediation.
1. Elements of Credibility in Mediation
The credibility of mediation rests on several pillars:
These elements manifest throughout the mediation process and directly influence the parties' perception and the effectiveness of the mediation.
2. Building Credibility
2.1. The Mediator's Credibility
Mediation is primarily about a relationship of trust between people. Credibility begins with the choice of the mediator. A mediator is credible when they are aware of their position, including:
Since the mediator is a human being, they are never entirely impartial, without conflict of interest, or neutral regarding the mediation. However, their professional posture allows them to be clear about the situation and capable of setting boundaries to ensure the parties' support in resolving their dispute. If they do not feel able to do so, their code of ethics obliges them to withdraw from the mediation and recommend another mediator.Example:A mediator is called by a company to resolve a conflict between associates. Having previously coached one of the stakeholders, they signal a potential conflict of interest and withdraw, proposing other qualified mediators.
2.2 The Mediation Framework
The framework establishes a space of trust to guarantee the mediation process, based on:
This transparency reinforces the mediator's credibility with stakeholders.Example:During a mediation between an employee and their manager, the mediator presents the mediation framework, emphasizes confidentiality and voluntary engagement, and proposes signing a mediation contract. These guarantees reassure the employee, who agrees to give mediation a chance.
2.3. The Mediator's Competence
The mediator's credibility is built through the continuous demonstration of competencies:
Example:In a mediation with heated exchanges, the mediator uses open-ended questions and a structured process to establish dialogue. The parties discuss solutions and acknowledge that the mediator helped overcome the impasse.
2.4. The Mediator's Impartiality and the Mediation Process
Impartiality, a pillar of credibility, is demonstrated by:
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Example:During a social mediation, a staff representative accuses the mediator of bias. The mediator recalls the framework, distributes speaking time equitably, and ensures respectful treatment of all parties, thus calming the exchange.
2.5. Managing Power Imbalances
A credible mediator knows how to recognize and manage power imbalances by:
Example:In a company mediation with different hierarchical levels, the mediator reminds everyone that each person around the table has the same legitimacy. They distribute speaking time equitably and refocus the discussion on common solutions.
2.6. Facilitating Communication
Credibility is reinforced by the ability to facilitate effective communication:
Example: In a neighborhood conflict, the mediator uses appropriate language for each party and reformulates their needs. By facilitating communication, they open a space for listening and possible agreement.
Conclusion
Credibility in mediation is a dynamic element that is built and maintained throughout the process. It relies on a set of skills, behaviors, and ethical principles that the mediator must consistently demonstrate.
Practical Example:
Mediation in a Managerial Conflict
A conflict erupted in a multidisciplinary collaboration context, where project members stopped communicating and sabotaged each other's work, jeopardizing the project and directly impacting the organization. The HR team proposed mediation, initially poorly received by the parties who suspected the mediator of being an arm of management. By explaining the mediator's role and function, as well as the process structure, and reaffirming impartiality, neutrality, and independence through strict confidentiality of exchanges, the parties accepted the mediation and signed a contract to that effect. The mediator organized individual meetings to prepare each party for dialogue, listening to them equitably and without judgment, thereby establishing a relationship of trust. By facilitating exchanges with active listening techniques, refocusing on issues, and balancing power dynamics, the dialogue evolved towards a possible common ground. A satisfactory agreement for all parties was reached, restoring trust in the mediation process. The parties found a way of working and managing that allowed for effective collaboration, project completion, and significant contribution to the organization's development.
#mediation #trust #credibility #conflict resolution