As a mediator, helping parties navigate discussions toward settlement involves creating an adaptive process that supports that agenda.
The use of shuttle mediation comes with benefits and some possible pitfalls! It is up to a mediator to determine when (timing and circumstances) to deploy shuttle mediation.
In part 2 of this two-part series, we will now explore The Pitfalls:
Although shuttle mediation offers a lot of advantages, it is not without its pitfalls. One major disadvantage is the potential for miscommunication. Mediators must be disciplined in actively listening, taking good notes, seeking clarification, and ultimately summing up the proposal from each party and ensuring that they get the proposal correct before taking it to the other party. It is also important that in conveying a proposal, if there are instructions from a party to convey some editorial comments around the proposal, the mediator must get those editorial comments right because the context or backdrop to a proposal may just be as important as the actual proposal in sealing a deal.
Another downside of shuttle mediation is that the lack of direct interaction between the parties sometimes undermines or hinders the building of trust between the parties. Trust is built through direct interactions where tone and body language can be observed. Tone and body language contribute to how parties communicate and understand each other. In shuttle mediation, the mediator conveys offers and messages. This indirect communication can result in misunderstandings between the parties. Additionally, the parties are not able to have a direct exchange and grasp the other ‘s perspectives which often creates the insight needed to create compromise.
Another challenge of shuttle mediation is the impact on the length of time it takes to shuttle the proposals. The back-and-forth nature of shuttle mediation can slow down the negotiation process as parties wait for the mediator to relay information and responses.
Despite its pitfalls, shuttle mediation remains a valuable part of a process design for mediators, especially in high-conflict situations.
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