Trauma-informed mediations are grounded in the principles of SAFETY and TRUST, which is why they can lead to the true gift that mediation can offer: EMPOWERMENT.
So, what is EMPOWERMENT?
Empowerment is the act of taking control over the decisions and actions that directly impact our life. It is awareness, self-advocacy and self-determination or, as I have seen it previously described “voice and choice”.
So often the things that initially bring people (and organisations) into contact with the legal system are beyond their control, which is why it is imperative that the legal process offer an opportunity for self-determination to be restored. A clear example of that is in relation to institutional abuse cases.
Trauma, and particularly childhood sexual abuse, has a detrimental effect on a person’s sense of self. It is well documented that abuse and mistreatment, erodes self-worth and often creates deep feelings of shame and guilt. These experiences cause not only a natural distrust of others, but tragically, a mistrust of the self.
EMPOWERMENT is possible in a mediation setting, because the parties themselves are deciding what they are willing to accept in order to resolve the litigation (rather than having a decision imposed upon them).
So what can be done to support and encourage EMPOWERMENT at mediation?
- In order to make good decisions, people must be provided with all of the available information (this is NOT the dream list of documents but rather, all of the information that the parties are, at that point in time, relying on to make their decisions);
- Be open and transparent about WHAT factors (evidence, law and “the known unknowns”) are influencing your willingness to resolve the case or settlement range;
- Talk about HOW you interpret the evidence (because it is not unusual for parties to point to the same piece of evidence as supporting their opposing views) and what experience leads you to interpret it in that manner;
- Ask where you might be able to replace assumptions with facts (trying to identify the “unknown unknowns”) to help reduce the areas of disagreement;
- Include the decision maker (the client) in as much of the discussion as they can tolerate – and ask them how included they would like to be;
- Make it clear from the outset that nothing gets agreed or decided at the mediation, without the client’s say so and that they are in control of how fast or slow they would like to negotiate;
- Keep checking in with the decision maker – How are they finding the process? Is there anything they would like to do differently?
- Prepare the clients (and yourself) for the level of discomfort that comes with making big decisions – and prime them for the relief they will feel when they negotiate to the point that they have no “what ifs” left (whether that results in settlement or not).
I would love to hear your tips for encouraging EMPOWERMENT at mediation.
