CAN MY MEDIATOR BE TRUSTED?
Trust seems to be a simple word, but even a quick internet search reveals that it’s not an easy word to define. Some definitions stress consistency; others mention safety from hurt. Whatever the definition it has long been said that participants in a mediation must be able to trust the mediator. The question is, then, what does trusting your mediator actually mean?
Many years ago, communication researchers Charles W. Rossiter and W. Barnett Pearce identified two components of trust in relationships—the perception of competence and of good will. Decades of research in mediation have underscored those two components.
That question has been addressed in detail by Jean Poitras, a professor at HEC Montreal. For his study of professional Canadian workplace mediators, Poitras asked participants how they came to trust or distrust their mediator. From the data analysis he identified several core factors:
Mastery: A demonstration of experience, knowledge of their case, and self-assurance.
Explanation of the process: Effectively explaining the process of mediation contributed to the perception of trust. While it is not specifically mentioned how mediators explained the process, I would assume it was during their opening statement.
Warm and considerate: This meant making participants feel as comfortable as possible and displaying respect for the people involved. While the participants in the study didn’t use the word “empathy” that concept might reflect their thoughts.
Chemistry: The researcher used the term “chemistry,” but from the phrases the participants in the study used, chemistry could easily refer to non-verbal factors. The participants referred to feeling, intuition or instinct from the meditator’s eye contact or gaze, tone of voice and other less tangible factors.
Partiality: This component was a negative factor. Respondents who perceived the mediator appearing to pay closer attention or favor that party procedurally lost their trust.
It is easy enough to encourage beginning mediators to have a well-developed opening statement and to be careful to treat participants with neutrality and impartiality. That ways of demonstrating empathy, listening, questioning and summarizing are important. Giving suggestions for the other components of trust are less direct. One way, though, is to help beginning mediators develop a mindset that becomes reflected in their behavior. That mindset includes wanting to be completely present in the mediation, being positive that the process can work and being sincerely interested in the parties’ stories.