•  “This party clearly feels misunderstood. I think I should try to demonstrate some empathy for his situation.”

•  “I think this party is overly confident about what is likely to happen if this ends up in court.”

•  “If this party’s emotions aren’t addressed, we’ll never make any progress on the substance.”

•  “These parties are suffering from a real lack of creativity. I’m hoping to spark some better ideas.”

Practicing mediators often have thoughts like these as they conduct mediations. They ask themselves, “What should I do next?” and “What kind of impact might I have on the parties at this point?” The answers to these internal questions are often the product of years of mediation experience, a unique perspective on the dispute and disputants, and careful analysis of the dynamics that exist between these parties.