Starting Off on the Right Foot
It is surprisingly easy to jeopardize a successful mediation before the mediation even starts. Demanding a joint session can be risky. An attorney may want to appear as an advocate for his or her client, to show that the client is being zealously represented. That may help the lawyer’s relationship with the client, but it may jettison any chance of success at resolution of the dispute.
That’s especially true in cross-border mediations. Cultural cues and understandings are a bit more subtle but just as key in making sure all parties maintain a desire to reach a resolution. Here are some tips to making sure you don’t ruin the mediation before it has even started:
If a mediation is in person and involves people from another culture, find out ahead of time what is an appropriate greeting. For example, will shaking hands – something we take for granted in the U.S. – be the acceptable greeting? In some cultures the greeting is in the form of a bow. In other cultures shaking hands with someone of the opposite sex is forbidden. Besides creating an awkward moment, doing the wrong thing can be offensive.
Find out about any important business customs. In Asia, for example, the manner in which you present a business card may be just as important as having a card to present. And it is not just providing the card with two hands, as many have seen in films. An important aspect of this greeting is taking the time to look at the card and to acknowledge the information on the card. Likewise, seating a person in the appropriate location at a table may be an important sign of respect. If you’re the one arranging for the space, make sure you discuss seating ahead of the mediation.
Make sure you know of any physical needs of participants. Offering some self service coffee, tea and water may be customary in the United States, but in other places more may be expected. Attendees may have special dietary or medical needs, as well. Planning for these in advance of mediation shows consideration and will allow everyone to be comfortable, increasing the likelihood of success.
Set the tone with your appearance even virtually. In the new day of remote mediations, how you appear “on camera” sets a tone, just as it would in person. Certainly business attire is appropriate; but consider your background, as well. If you can blur the background or make sure it is a professional setting – not your kitchen – you show that you take this process seriously, that you and your clients are serious about resolving the dispute. If the mediation involves parties from another country with a very formal court system, this will be vital.
Help your client understand the opportunity that mediation presents and how it fits in the process of resolving the client’s dispute. If your client is from another country, make sure you explain the role of the mediator and the Judge and the difference between them. There are many countries where mediation is not offered as a form of dispute resolution, or mediation is limited to consumer or family issues. Mediation can be different in format and function. Helping your client understand what to expect will help your client feel confident, in control and focused on resolving the dispute instead of spending energy trying to figure out what’s happening.
Discuss your clients’ goals, concerns and expectations. Planning ahead of time and asking questions will best serve your clients and at least keep the door open to a possible amicable resolution.