Arbitration & Mediation

It's the Rapport, Dummy!

By Victoria Pynchon

Thanks to Weise Law Studio (studio? interesting) for the following from the Harvard Program on Negotiation.

How is it that mediators—who themselves lack any power to impose a solution—nevertheless often lead bitter disputants to agreement? Substantive expertise helps, as does keen analytic skill. But according to a survey by Northwestern University law professor Stephen Goldberg, veteran mediators believe that establishing rapport is more important than employing specific techniques and tactics.

To gain parties' trust and confidence, rapport must be genuine: 'You can't fake it,' one respondent said. Before people are willing to settle, they must feel that their interests are truly understood. Only then can a mediator reframe problems and float creative solutions.

Full post as published by Settle It Now Negotiation Blog on September 07, 2010 (boomark / email).