Mediation is a great alternative to the traditional adversarial system which is so popular in the United States. One of the benefits of mediation is that the parties can control their own destiny if they do not want a third party such as a judge or jury deciding their fate. When people go to court, one person must win and one must lose however, through mediation, collaboration can occur and both parties may leave with some of their goals accomplished. Using empathy in mediation can be a key to success.
Empathy in Mediation
Empathy, having the emotional and intellectual awareness of someone’s situation, or to put it bluntly, the ability to put yourself in another person’s shoes, is a great value to have. A mediator must always have a strong sense of empathy, but it is often overlooked that empathy can also help parties in mediation collaborate. Having an understanding of the needs of the other party can make you aware of your own goals and help each party reach an agreement.
In addition, mediation itself may increase empathy which can be of great importance in any relationship. There is actually a physiological base for witnessing another person’s emotional state and feeling similar.*
In conclusion, empathy in mediation can produce significant positive strides in the mediation. However, as we will explore in the next post, one must skirt the line between being too empathetic and being aggressive enough to achieve a favorable outcome.
*Lutz A, Brefczynski-Lewis J, Johnstone T, et al. Regulation of the neural circuitry of emotion by compassion meditation: effects of meditative expertise. PLoS ONE.
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Jason Holloway
Legal Intern at the Law Office of Brian P. Battaglia P.A.