Design thinking for mediation – communicate better with visuals

If you’re on the lookout for ideas on how to improve your communication and effectiveness as a mediator, why not try design thinking? The benefits include:

1.?????Design thinking improves communication

2.?????Information design and legal design specifically improve legal communication (by improving access to and understanding of information, such as legal norms and obligations) and so they can improve access to justice (A2J) by enabling better comprehension and navigation of legal systems.

3.?????Mediators’ key skill is to facilitate effective communication.

This leads to the conclusion that mediators would do well to add design thinking to their communication toolbox. While it may sound mysterious, design thinking and mediation actually have a lot in common.

Let’s unpack this, starting with some definitions:

“Design thinking is a process for creative problem-solving. A people- and customer-centric approach to drive innovation.”

“Information design is the practice of presenting information in a way that makes it most accessible and easily understood by users.”

"Legal design is the application of human-centred design to the world of law, to make legal systems and services more human-centred, usable, and satisfying."

?

How exactly and where can design thinking be applied in mediation?

Firstly, in general, mediators can borrow from legal designers and become more visual with flowcharts, timelines, mindmaps and icons instead of/in addition to the usual blocks of text. Secondly, the mediator’s toolkit can be enriched by thinking like a legal designer – applying techniques such as:

-???????Asking “How might we?”

-???????Prototyping, testing, iterating

-???????Using tools such as Canva, Mural, Miro and more

Mediators can also update the techniques of active listening, problem identification and co-creation, which are also commonly used by designers but in slightly different ways. ??

Thirdly, mediators can borrow from one of the key rules of design: “simplicity is key”; that is, always striving to simplify, to be as plain and to the point as possible, and to focus obsessively on the end-user.

In the mediation process, legal design and information design can be applied throughout:

-???????Pre-mediation: inform and empower people to choose mediation as the method of dispute resolution by providing accessible information using tools such as infographics, and offering a model mediation agreement that is easily understood by non-lawyers and legally correct.

-???????In mediation: Focus on empathy in the design of virtual and on-site amenities; Facilitate the visualisation and simplification of written communications, such as the agenda, minutes, or settlement agreement.

-???????Post-mediation: Get feedback from users through research and/or satisfaction surveys.

Why should you infuse your mediation practice with design thinking?

Putting the hype aside, design thinking brings many benefits to you, your business and to the clients whom you serve.

Simplified, largely visual communication is more effective in today’s fast-paced world. It addresses people’s shortened attention spans, aims to cut through the information overload and aid quick decision-making required from businesses and individuals. Therefore, it helps form better relationships with clients; improving customer satisfaction. Lastly, design thinking as innovation, can help you evolve, adjust and future-proof your practice.

Most of all, it is yet another way to improve the effectiveness of our communication, and so it is a key tool for any mediator.?

?

***

This article draws on the “Legal Design Thinking in Mediation” webinar in the Mediation Tech Tracker series. The live webinar took place on 14 October 2021 with panellists Ebru Metin and Marco Imperiale and hosted by Karolina Jackowicz.

Read more about legal design in mediation in our previous Linkedin article, here.