Abstract
Emotions play a central role in mediation as they help to define the scope and direction of a conflict. When a party to mediation expresses (and hence entrusts) their emotions to those present in a mediation, a mediator must do more than simply listen - they must attend to these emotions. Mediator empathy is an essential skill for communicating to a party that their feelings have been heard and understood, but it can lead mediators into trouble. Whilst there might exist a theoretical divide between the notions of empathy and sympathy, the very best characteristics of mediators (caring and compassionate nature) may see empathy and sympathy merge - resulting in challenges to mediator neutrality. This article first outlines the semantic difference between empathy and sympathy and the role that intrapsychic conflict can play in the convergence of these behavioural phenomena. It then defines emotional intelligence in the context of a mediation, suggesting that only the most emotionally intelligent mediators are able to emotionally connect with the parties, but maintain an impression of impartiality - the quality of remaining 'attached yet detached' to the process. It is argued that these emotionally intelligent mediators have the common qualities of strong self-awareness and emotional self-regulation.
Highlights
One of the challenges every mediator faces is how best to address the role of emotion in a mediation.[2]
Whilst countertransference feelings may be an unavoidable by-product of the mediator-client dyad, an emotionally intelligent mediator will rely upon their emotional self-awareness to detect signs of countertransference, and emotional self-regulation to prevent any countertransference behaviour that may compromise impartiality
It is suggested in this article that mediator empathy is not the sole cause behind countertransference and emotional contagion in a mediation
Summary
When a mediator attempts to identify with the emotional needs and wants that underpin a dispute, there is a level of interaction with clients that is different from ordinary conversation.[15] deMayo suggests that ‘encouraging the parties to go beyond objectively stated positions to identify and address their private interests can result in the creation of an emotionally intimate atmosphere that includes the mediator as a participant-observer.’ 16 If a mediator employs an empathic approach in such an environment, ‘the participants’ words are more likely to touch a responsive chord [with the mediator], when a client describes an emotion that resonates with the mediator’s personal experience.’[17] Empathy can become sympathy when the personal values, feelings and sensitivities of a mediator are triggered by the plight of a party in mediation. There is a large body of psychoanalytic literature that has studied intrapsychic conflict, 19 and mediators are beginning to understand the importance of this literature to their own professional practice
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