16 Feb The art of active listening in mediation
The art of active listening in mediation
In the delicate dance of dispute resolution, where tensions and emotions often take centre stage, there exists an art form that holds the power to transform discord into harmony—the art of active listening. In the realm of mediation, where conflicts are unravelled and resolutions sought, active listening emerges as the linchpin, weaving the fabric of understanding and empathy.
What is active listening?
Active listening is a communication skill that goes beyond simply hearing words; it involves fully concentrating, understanding, responding, and remembering what the speaker is saying. In the context of mediation or conflict resolution, active listening is a crucial tool for fostering understanding and resolving disputes.
Active listening requires the listener to give their full attention to the speaker, avoid interrupting, and refrain from formulating responses while the other person is talking. Instead, the focus is on understanding the speaker’s perspective, feelings, and intentions. Reflective techniques, such as paraphrasing or summarizing what the speaker has said, are often employed to demonstrate comprehension and show the speaker that their words are being taken seriously.
Active listening for mediators
Mediators must act as a vessel for communication to facilitate rational understanding and clarification among participants to the discussion. Here are a few ways the mediator can utilise active listening in the context of a roundtable discussion:
Point of departure: Capturing Key Points
As participants share their perspectives, the mediator actively listens to identify and capture the key points of their statements. This involves paying attention to both the content and the emotional tone of what is being said. Where participants express emotionally-laden views, the mediator must subtly take note of practical issues that are raised so as to keep participants on the right track to resolution.
Rephrasing perspectives and clarifying narratives
Rephrasing is the act of expressing information in a different form while maintaining its original meaning. Mediators can find rephrasing useful as it enables them to communicate complex ideas more clearly, bridge communication gaps, and facilitate understanding among conflicting parties by presenting content in a way that resonates with diverse perspectives.
Paraphrasing:
The mediator may then reformulate the participant’s statements in their own words. Paraphrasing is a way of confirming understanding and allows the mediator to check if they have accurately grasped the speaker’s intended message.
To paraphrase and summarise, a mediator might say phrases such as the following:
“In your words, you’re conveying that…”
“To clarify, you’re suggesting that…”
“Let me reflect back what I’m hearing; you’re indicating that…”
“If I understand correctly, your main concern is…”
“In a nutshell, you’re bringing up the point that…”
“To restate, you’re putting forward the idea that…”
Summarising:
Periodically, the mediator may summarize larger portions of the discussion. This summarising technique involves succinctly restating the main themes or issues that have been raised by all parties, while taking cognisance of main points from each participant’s perspective. Summarising helps to keep the conversation focused, ensures that everyone is on the same page, and clarifies any potential misunderstandings.
The importance of a mediator’s paraphrasing and summarising, to maintain rationality and clarify perspectives, is especially true where parties are emotionally charged by trauma, and as such may fail to stay on the reasonable rail.
To mirror emotions, the mediator might say phrases such as:
“It sounds like this situation is causing you a lot of frustration.”
“It sounds like you’re feeling hurt by what has transpired.”
“I sense a level of disappointment in your description of the events.”
“Your words convey a sense of anger. Can you tell me more about what’s triggering that?”
“I’m picking up on a strong sense of uncertainty in your feelings about the outcome.”
“It sounds like there’s a significant amount of stress related to this matter. Am I understanding that correctly?”
Another use for a mediator’s active listening is reflecting emotions:
Beyond words, active listening involves acknowledging and reflecting the emotions conveyed by the participants. This approach not only shows comprehension but also validates the emotional aspects of the communication, making communication overall more trauma-informed and sensitive.
Effective listening is a skill that must be constantly developed and maintained through dedication, introspection, and flexibility in order to effectively navigate the ever-changing intricacies of human interaction in the context of trauma-informed dispute resolution.
Written by Caro Opperman (LLB) (ADR Network), a law graduate and junior accredited mediator. 24 January 2024.