Monday, September 23, 2013

The Importance of Listening

Effective mediators know how to listen.  This sounds deceptively simple, but listening seems to be becoming a bit of a lost art.  Mediators (who are often attorneys) have a tendency to speak too soon and too much.  They make mediations about them rather than the parties.  It is often tempting for mediators to cut the parties short and direct them to what they deem to be the best outcome.  This is a mistake. 

The parties initially need to be given sufficient time to tell their stories and explain their positions without interruption.  The best mediators allow parties to do this and then ask open-ended questions that prompt them to elaborate on those stories and react to the issues raised by the other party.  Through this process, mediators can obtain the information necessary to achieve durable settlements that take both sides' interests into account.

If you are seeking to mediate a condominium-related dispute, then you should select a mediator who understands that silence can be golden.