DEALING WITH ABUSIVE PARTIES IN MEDIATION

Recently, attorney Patricia Thompson posted an article at Mediate.com discussing unacceptable behavior by mediators or participants and I agree with many of her observations.

When one party in a mediation engages in abusive or aggressive behavior, including disrespectful and inappropriate language or nonverbal behavior, such as gestures or threatening posturing, the possibility for a peaceful and fair process is jeopardized. It is appropriate for the mediator or the offended party to act.

The mediator should establish guidelines for appropriate behavior before the session or during the introduction to the mediation process. Alternatively, the mediator should encourage the party to adopt appropriate guidelines themselves. Should those guidelines be violated, the mediator should respond by either discussing the violation with the parties in private caucuses or in joint session.

The offended party should not continue taking part in the mediation if they feel the other is behaving inappropriately. The offended party should raise their concern with the mediator and if the issues are not addressed, then they may request the process be terminated.

Mediators are generally sensitive to inappropriate behaviors as it is possible coercive conduct may be sufficient grounds to set aside a mediated agreement. To protect the process, the mediator may terminate the mediation at any time.

One benefit of a well conducted mediation is that it provides a setting where individuals can work together without fear of threat.