Mediation offers countless benefits to parties in dispute, not the least of which is the potential to reach a mutual agreement. In some cases, however, the parties may be dealing with trauma, which impacts their ability to communicate effectively, trust others, and make decisions. Trauma-informed mediation, an emerging approach within the dispute resolution field, can help address these challenges by recognizing the impact of trauma on an individual’s capacity to participate in mediation. This article explores five trauma-informed practices mediators can use now, to revolutionize their mediation approach.
Trauma and Conflict
Trauma is a psychological response to a distressing or disturbing event that overwhelms an individual's ability to cope, particularly in stressful situations. Trauma is not an isolated event, rather it is the impact of an event or events on an individual, which can be long-lasting.
Trauma-informed care is an emerging practice in health care. A publication by Harvard Medical School asserts, “Trauma-informed care is the open-mindedness and compassion that all patients deserve, because anyone can have a history that impacts their encounter with the medical system.” The mediation field could be revolutionized by espousing this same approach with all parties in conflict.
Conflict, under any circumstances, is stressful for most people. Trauma can manifest in different ways during conflicts, such as heightened anxiety or fear, difficulty communicating, avoidance or shutting down. Trauma can also impact an individual's ability to trust others, feel safe, and make rational decisions.
Conventional mediation approaches may not be effective in resolving disputes involving individuals who have experienced trauma. Adapting revolutionary trauma-sensitive practices is more inclusive, so even those experiencing trauma may access the transformative opportunity mediation offers.
The goal of trauma-informed mediation is to recognize and address the symptoms of trauma, while also creating a safe environment that also promotes conflict resolution. A trauma-sensitive mediation approach provides compassionate, clear and consistent communication. By prioritizing the well-being of all participants through this framework, mediators can help individuals experiencing trauma feel more comfortable and empowered in the mediation process, leading to more successful outcomes.
Five Trauma-Informed Mediation Practices
Trauma-informed mediation is an emerging approach, which aims to create safe and supportive environment in which the party experiencing trauma has a sense of control, choice and trust in the process and the mediator. It is best supported through training, practice and skill. By adjusting some techniques and deepening some of the core principles of mediation, mediators can facilitate spaces sensitive to the trauma that individuals have experienced. This shift has the potential to revolutionize a mediator’s approach in all cases.
The following are the top five trauma-informed practices to use now, based on prevailing research and IMA mediators’ practices:
#1 Safety
One principle of trauma-informed mediation is safety. The mediator must create a safe and supportive environment that allows individuals to express their concerns without fear of additional trauma.
A mediator can support psychological safety with ground rules. Ground rules can help the parties put some boundaries on the process. Some mediators establish ground rules in their opening statements, to let the parties know how they expect them to interact with one another during the mediation. Other mediators will elicit ground rules from the parties, based on their own unique experiences with one another in the past.
Most IMA-trained mediators will open the mediation by asking parties to simply treat one another with respect, while acknowledging we may each have different definitions of what that means. When one party feels disrespected, they are encouraged to let the mediator know, so the mediator can help them negotiate over their own processes. The idea behind this approach is to seek more effective ways to engage with one another.
Whether ground rules are laid out by the parties or the mediator, they are designed to provide a sense of safety for the parties.
Sample ground rules may include:
Use respectful language
Speak one at a time
No name-calling
Don’t raise voices or yell
List words or phrases that are off-limits
Stay focused on the future
Listen with an open mind and heart
Another way mediators foster safety is through confidentiality. In many jurisdictions, confidentiality in mediation is determined by policies or laws. The importance of confidentiality is further strengthened by the detailed fifth standard in the Model Standards of Conduct for Mediators.
In many cases, one party may not feel safe with the other person in the room, so, online mediation, which became a standard practice during the Covid-19 pandemic, may also offer a sense of safety. Mediating from one’s own familiar “safe space” was a surprising discovery for the mediation field.
#2 Trustworthiness
Trauma-informed mediation also requires the mediator to be trustworthy in their actions and communications, from beginning to end. When there is trust, parties will feel more at ease and open to working toward a resolution.
The parties’ initial trust in the mediator will likely come from the mediator’s (or mediation organization’s) reputation. The mediator earns the parties’ trust through their behavior.
Trustworthiness entails integrity, honesty and commitment to the process. The Model Standards of Conduct provides a framework for this, in Standard VI.4, addressing quality of the mediation process:
“A mediator should promote honesty and candor between and among all participants, and a mediator shall not knowingly misrepresent any material fact or circumstance in the course of a mediation.”
Most mediators allow each side equal access to the mediator and the process beginning with intake. When a party contacts the mediator to request mediation, the mediator should offer all involved in the conflict the same pre-mediation information, modes of communication and time limitations. In fact, offering this same transparent, balanced and equitable approach throughout the process helps to build rapport with the mediator and trust in the process.
If mediators remain grounded in the process, the parties should feel like their interests have been heard and understood by the mediator. Typically, a mediator will invite each party to communicate concerns and needs, but they should avoid re-traumatizing individuals. Mediators should respect personal boundaries and not pressure anyone to share more than they wish. If speaking up is difficult for a party, however, a mediator may alleviate the threat by offering to have private conversations with each, called caucuses. A caucus provides a safe environment where individuals can be candid and honest with the mediator about what is holding them back from moving toward resolution. If a party requests it, what is said in caucus must be kept confidential by the mediator.
The mediator must also reinforce confidentiality through the end of the process, by tearing up any notes and restating the confidentiality agreement.
Moreover, to be trustworthy in the eyes of the parties, the mediator must be genuine. The mediator can earn the parties’ trust by offering compassionate listening, empathy and faith in their ability to reach resolution.
#3 A Sense of Control
Another principle of trauma-informed mediation is choice and control. Individuals who have experienced trauma may feel powerless and out of control, particularly in the face of their opponent in mediation.
Trauma-informed expert mediator Dawn Kuhlman developed a framework that emphasizes “emotion regulation” and compassion. She explains, “A client's ability to mediate exists on a mental continuum with ABLE on one end and UNABLE on the other. Unfortunately, an increase in dysregulation is associated with an inability to have a successful mediation. The amygdala is the driving force for the mediation and the system is not able to be regulated during the mediation process. Mediators need to be less focused on agreement and practice acceptance of the client's placement on the continuum.” In other words, mediators should meet clients where they are, while offering compassionate detachment, particularly from the pursuit of a resolution. Kuhlman also recommends mediators consider collaborating with providers in the community that may support the individual experiencing trauma.
As stated in the preamble to the Model Standards of Conduct, mediation “…promotes voluntary decision making by the parties to the dispute.” A mediator will explain the parties can leave the mediation session at any point, to assure them they have control over when the mediation will conclude.
Moreover, the first tenet of the Model Standards of Conduct ensures the parties’ self-determination and, ultimately, control over the outcome. Whether an agreement is reached and what that agreement looks like is up to the parties. The mediator, by upholding those Model Standards, will empower individuals to make their own decisions regarding options and alternatives available to them.
Many IMA-trained mediators who work with parties experiencing trauma have expressed that parties do not wish to be in the same room with the other party. Because of this, virtual mediation can also offer a sense of not only security, but also control, over the mediation environment. A recent study by the US Equal Employment Opportunity Commission’s mediation program supports this notion.
#4 Collaboration and Mutuality
Trauma-informed mediation also promotes collaboration and mutuality with a more compassionate lens. The mediator role, in any type of case, is to work collaboratively with the parties and promote mutual understanding and respect. When trauma is present, there are some ways for the mediator to offer additional support to this end.
A good mediator should always demonstrate their faith in humanity and in the mediation process. Typically, the mediator facilitates collaboration by offering active listening, empathy, and validation of each party’s feelings and experiences. From there, the mediator will acknowledge the underlying issues and interests of the parties, which can help fuel productive conflict resolution. When one party is experiencing trauma, however, according to Mediators Beyond Borders, the mediator should also, “Create environments and relationships where interactions occur should be consistent, predictable, safe, and familiar. Our brains do not like surprises.”
A mediator can adopt a grounded approach by negotiating mutual agreements about how to proceed if a party gets triggered. A trigger is “any sensory reminder of the traumatic event: a noise, smell, temperature, other physical sensation, or visual scene.”
The mediator may ask the parties what they each need in order to feel safe and respected by one another.
This process may foster collaboration between the parties. Also, asking the parties what “collaboration” means to them may yield surprising responses to each side that can help illuminate a unique and tailored process that yields mutual understanding and trust.
#5 Empowerment
Lastly, for trauma-informed mediation to be effective, the mediator must recognize the strengths and resources of the parties and empower them to use these resources to resolve the conflict. This involves focusing on the parties' abilities rather than their deficits.
The transformative mediation framework gives particular emphasis to the notion of an empowerment shift, the process whereby one party “moves from weakness to greater strength.” Mediation can provide opportunities not only for this critical shift between parties, but also within each party.
Skilled mediators will actively listen for emotions. By recognizing a party’s feelings, the mediator can facilitate empowerment and a transformation in their relationship with their emotions, “from judgement or fear to acceptance and curiosity.”
A mediator’s “listening” not only involves hearing the words spoken by the parties, but also noticing body language, avoidance and silence. Mediators know the most common emotion parties bring into mediation is fear. Trauma can exacerbate this emotion. Kuhlman explains, “When clients are operating out of their fear-driven brain, there is an inability to see options and practice perspective-taking. The mediation process benefits when clients don't feel stuck, can see their choices, and are able to have empathy for the person across from them.”
To deepen their empathy with individuals in trauma, Kuhlman recommends mediators find ways to heighten self-awareness for themselves as well as the parties. Mediators can also model and encourage mindfulness practices before, during and after a mediation session, optimizing their resilience in times of vulnerability.
As mentioned earlier, in any mediation case, participation is voluntary, so no party should feel pressured to participate. It’s important for the mediator to remember that mediation can trigger or re-traumatize someone. That freedom to decide whether to engage in the process or to leave at any point, above all, should provide participants experiencing trauma with a sense of empowerment at all stages. Any mediator who follows the Model Standards of Conduct will, at a minimum, support parties’ decision to exit or stay.
The Potential of Trauma-Informed Mediation
As the impact of trauma on our world becomes increasingly evident, the field of mediation must adapt. Trauma-informed mediation is a framework that can create a safe and supportive environment for resolving disputes where trauma is present. It is an emerging methodology within the dispute resolution field that will benefit from addition scholarship and expertise around trauma-sensitive techniques. Concepts discussed in this article provide a basic foundation for acknowledging the impact of trauma on individuals. By incorporating principles such as safety, trustworthiness, choice and control, collaboration and mutuality, and empowerment, mediators may create an environment that allows individuals to work together to reach a mutually acceptable resolution. We hope mediators can begin to revolutionize their approach with these five trauma-sensitive practices which can be used immediately. Overall, they promote a more effective and productive mediation process and can help preserve relationships, reduce costs, and provide a more flexible and personalized solution to disputes.
How can trauma-informed mediation benefit various contexts, such as workplace conflicts, family disputes, or community issues? What other techniques could further revolutionize the mediation practice to make it more trauma-sensitive? Let us know your experiences and thoughts below.
