This morning, would you care to ponder this thought with me: “How sweet should the mediation initiation request be?“
Come, let’s walk along this reflective exploration…
A bit of initial background to the thoughts written here:
This is an attempt to emphasize the significance of how the mediation invitation is framed and delivered. Rather than relying solely on the force of law or legal mandates, there is a suggestion that a respectful and sweet invitation to mediation could foster a more conducive environment for resolving conflicts amicably. The underlying belief is that while laws may mandate mediation in certain situations, true success in mediation depends on the willingness of the parties involved to participate wholeheartedly, this belief— playing a prominent role in how thoughts are framed. Finally, the suggestion of this writing piece is to propose that a well-crafted invitation, delivered with sincerity and goodwill, can lay the foundation for a successful mediation process.
Would you agree or not? This question could be set aside to the later part of the reading of this writing. The only appeal for your reading experience, would be that, dear reader, you let your intellect make space to learn of the first steps to initiate mediation, the delicate first baby steps.
You see, as the mediator, I stand as the sole newcomer amidst an entire situation already familiar to the parties involved. They, parties to mediation, know each other intimately, while their relationship is now at a critical juncture, poised at the crossroads.
The decision to engage in mediation signifies a willingness to address their issues in a more amicable setting before resorting to the adversarial battleground of the courtroom, where each might unleash formidable legal force upon the other.
In this context, the sweetness of the mediation invitation becomes crucial, would you agree?
Common, let’s wear the shoes. What do you think will convince You to say ‘Yes’ and consent to join a mediation? A sweet and respectful invitation? Or the force of law? (Yes, nations are cheering the foundation of mediation laws in their countries to ensure parties mediate before they proceed to litigate. But the mediation process needs individual willingness to support the collective collaborative stance toward the purpose of the mediation law. Both are to complement each other.)
One moment…
Setting aside the intellectual aspects of mediation laws and the mediation process—what do you prefer to receive? A summons to mediation? Or a letter to mediation? A letter from a mediator? Or a letter from your counter-party who shares a relationship with you? What will convince you, without hurting your delicate ego, to willingly join and contribute to the mediation? I think!!
Well, it’s not just about the words spoken or written; it’s about the tone, isn’t it? The tone with the gesture of extending a hand in peace, with: Who is writing the letter? How is the letter (invitation) sent? Does the letter bear a signature? Was professional help sought to draft such a letter? Is the letter personal and private? All of these factors matter, don’t they?
Mediation is about fostering an environment where conversation can flow freely, where understanding might blossom amidst the thorns of conflict? If yes, then would a handwritten letter suffice? or should it be an email? or a social media notification?
And what effect will such a handwritten letter or any other communication mode that is used— have on you, if at the end of it, you find a mention of – “if you don’t agree, then we must escalate to an external authority, who will then summon you with a request to join and cooperate in the mediation”?
to be continued… 🙂
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