Tough talk permitted?

Mediators are always positive, always cheerful, always encouraging, right? Well, not necessarily.

Fact is, there are diverse types of mediators, just as there are diverse types of lawyers, coaches, CEOs, etc. Some are the perpetual cheerleaders. They keep a broad smile while the chips are down. Good for them. Others though, are more directive and involved in the discussions and process. It may even be necessary at some point for a mediator (usually in a private session) to be assertive with parties, perhaps even to the extent of telling them they are wrong.

How do we know which type of mediator is suitable? Actually, it is not so much the mediator but the parties involved. The style of the mediator has to be adapted to the personalities of the parties. A very strong personality in a party would not accept aggressive language and tactics from the mediator. He would have to be in charge of the process. A party who is very indecisive, on the other hand, may very well appreciate a mediator who tells him enough is enough- it is time to make the deal.

Is tough talk permitted? Sometimes, when it will work.

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If you have questions or comments, drop me an email at khenghoe@mycounsel.com.my