How Do You Facilitate Communication Between Uncooperative Parties?

Authored By Mediator Experts
Published: March 13, 2024
https://mediatorexperts.com/qa/how-do-you-facilitate-communication-between-uncooperative-parties/

How Do You Facilitate Communication Between Uncooperative Parties?

To bridge the gap between uncooperative parties, insights from a seasoned franchise mediator and arbitrator reveal strategies like warning of mediation termination to foster communication. Alongside expert perspectives, we’ve gathered six additional answers that provide a spectrum of approaches to this common challenge. From employing active listening techniques to utilizing impartial facilitation, discover a range of methods to effectively mediate disputes.

  • Warn of Mediation Termination
  • Find Common Ground
  • Introduce Structured Dialogue
  • Apply Active Listening Techniques
  • Hire Conflict Resolution Experts
  • Offer Incentives for Discussion
  • Utilize Impartial Facilitation

Warn of Mediation Termination

My first method is to call for a full meeting and warn the parties that the mediation may be terminated if they do not cooperate, and they will be charged for the entire mediation. My second approach is to determine which party is not cooperating the most and have a caucus with counsel and the clients, pointing out that they agreed to come to mediation and if they cooperate, there is a good chance I can assist in getting a settlement, which would be far better than going to trial or arbitration. I will also discuss the Best Alternative to a Negotiated Agreement (BATNA) and the costs, time, anxiety, and uncertainty of not resolving the dispute with mediation. I will then caucus briefly with the other side and let them know what I said in the first caucus and the results of that meeting.

Find Common Ground

I always start with what the parties in conflict can agree on. For example, when preparing two people in conflict who work together, I ask them if the current conflict is getting in the way of doing their work effectively and going home to do other things. So far, no one has said no. Now, both parties can agree they want the same thing and their conflict is getting in the way. When we do have the conversation and it gets heated, or someone stops cooperating with the process, I bring them back to their common ground, and this reminds them that they need to cooperate and collaborate to get what they want.

Introduce Structured Dialogue

Structured dialogue frameworks are tools that guide conversations in a way that each party’s viewpoint is heard and understood. Such frameworks provide a clear structure that outlines when each party should speak and what topics should be covered. This tends to ensure that the discussion stays on track and that the participants focus on finding common ground rather than on their disagreements.

It prevents individuals from straying off-topic and helps in avoiding heated arguments. If you’re dealing with uncooperative individuals, consider introducing a structured dialogue framework to facilitate better communication. Remember to make the conversation productive by sticking to the agreed structure.

Apply Active Listening Techniques

The use of active listening techniques involves paying close attention to what the other party is saying, reflecting on their words, and responding thoughtfully. When both parties feel that they are being listened to, it can reduce tensions and foster an environment where cooperative communication is more likely. It also demonstrates respect and validation of the other person’s perspective, which can encourage them to be more open to dialogue.

Active listening can be as simple as nodding in agreement, making eye contact, or summarizing the other party’s points to ensure understanding. Next time you find yourself in a tough conversation, apply active listening to pave the way for better exchange.

Hire Conflict Resolution Experts

Engaging professional conflict resolution experts can make a significant difference in communicating with uncooperative parties. These trained professionals possess the skills to mediate difficult conversations and navigate through the complexities of interpersonal conflicts. They can provide an outside perspective and draw upon proven strategies to encourage dialogue and compromise.

Their impartiality helps create a safe space where each party can express their concerns without fear of bias or judgement. If you’re facing a stalemate in communication, it might be time to seek assistance from a conflict resolution expert who can help bridge the gap.

Offer Incentives for Discussion

Offering incentives for productive discussion can encourage uncooperative parties to participate constructively in a dialogue. Incentives do not have to be material; they can include mutual benefits such as improved relationships, respect in the community, or future collaborative opportunities. When parties realize they have something valuable to gain from cooperating in communication, they have a reason to set aside differences and work towards a common goal.

It’s important that these incentives are perceived as fair and beneficial by all involved. Consider what positive outcomes might motivate the parties to engage and suggest these as potential incentives for reaching a resolution.

Utilize Impartial Facilitation

Applying impartial facilitation tactics means having a neutral party guide the discussion to prevent any one person from dominating the conversation. This facilitator can ensure that the communication rules are followed, help clarify misunderstandings, and bring the conversation back on track if it veers into unproductive territory. This tactic demonstrates to all parties that the goal is to communicate effectively rather than to ‘win’ an argument.

An effective facilitator promotes equal opportunities for all voices to be heard, ensuring a fair platform for exchange. If communication has hit an impasse, it might be time to bring in an unbiased facilitator to mediate the discussion.

Frank Zaid
Franchise mediator, arbitrator, business operations consultant, expert witness, ADR Chambers

Helena Goto
ADR Consultant and Coach, Goto Solutions

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