Dealing with Troublemakers in Mediation

In mediation, there are always going to be folks who seem to want to disrupt the process. Perhaps they don’t really understand what mediation is, perhaps they don’t want to compromise or perhaps they simply want to mediate but are unable to due to conflicting emotions. Certainly one way to deal with these folks is to give them empathy. If they feel you understand them, then often they are willing then to mediate.

Another way is to simply give them attention. The best way to do this is to caucus. Often these troublemakers are 50/50 folks, those who believe that each party should have exactly the same amount of time to talk and explain their position. Once in caucus, you can explain to the other party that you need to give the troublemaker (never call them that!) more time and perhaps explain why. Then spend more time with the troubled, troubling party. Often, when you give them your whole attention for while, the troubled party can settle down and be able to mediate in caucus, and sometimes, even return to mediation together. Occasionally, you will have to explain what mediation is again or set firm but gentle limits. The worst thing you can do to a troublemaker is to ignore them.

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