Trust During the Mediation Process

Tue, Apr 29th, 2025 | by Miles Mediation and Arbitration | Article | Social Share

Trust is an essential element of the mediation process. The whole point, of course, is to take two or more parties who have a dispute and help them reach an agreement. Because the process necessarily involves that dispute, that often means some level of distrust between the parties exists as well. While the parties may never truly trust each other, a mediator can gain their trust – both trust in the process and trust in the mediator – and pave the way for resolution. Here’s a closer look at how mediators can create this trust with attorneys, and the clients the attorneys represent.

Trusting the Process

It is important that the parties trust the process. Part of that is understanding that it is exactly that – a process. The mediator must begin by explaining how mediation works, what the rules are, and why it is beneficial. I always begin a mediation by finding out who in the room has never participated in a mediation before, and I try to explain the process in an easily digestible way. Part of this includes making any newcomers to mediation feel comfortable that the process should not be viewed as intimidating.

“I’m not the judge,” I tell the participants. “I’m not a juror.” I let them know that I am simply a facilitator and that it is the parties themselves who will ultimately make the decision.

Trusting the Mediator

It seems obvious that for a mediation to be successful, the parties must trust the mediator. It also seems obvious that if the parties have selected a specific mediator, some level of trust must already exist. Nevertheless, it is still important for the mediator to develop a rapport with all parties to the process, including their representatives.

I try to spend a little time before the mediation even starts introducing myself, providing some information on my background, and listening to anything the parties want me to know ahead of time. Once the mediation begins, it is important for the parties to see that the mediator is listening to them. One way I acknowledge a party’s story is by sharing my own personal experiences that relate. Sharing my own life can encourage the parties to share theirs. This can also allow me as the mediator to gain more insight into the motivations of a given party.

While it may seem counterintuitive, I also tell the parties that I don’t know everything. I ask a lot of questions and find that if I’m honest about what I don’t know, it increases my overall credibility and gives more weight to what I’m saying in other areas.

During the Mediation

As the mediation evolves, I continue to work on strengthening the trust that the parties and the attorneys have with me. This includes reminding each party that they can confide in me. The mediation process itself is confidential, but that confidentiality can also extend to the private caucuses. If and when sensitive information is shared, I frequently ask if that information can be relayed with the opposing parties. Reminding participants that I will keep in confidence what they ask me to helps strengthen that rapport and trust.

It is also important that the parties have trust in their representatives. I have been fortunate in my practice to have attorneys select me as their mediator repeatedly. Showing that rapport and history with an attorney can emphasize his or her experience and reputation in the field and confirm for parties that they are well-represented. A party who trusts both the attorney and the mediator will feel more comfortable engaging in honest conversation about his or her case.

Advantages of Trust in Mediation

Parties who trust both their mediator and the mediation process are much more likely to succeed. They will share more information. They will accept more feedback. They will be more likely to have confidence in the decisions they are making. From the very start of any mediation, and often before it even starts, I work hard to establish the trust and rapport crucial to bringing parties in conflict to a place where they can agree. A successful mediator will not only be knowledgeable but credible as well; earning that trust from the participants can be the difference between resolution and impasse.

*Originally published in the Daily Report and reprinted with permission.

About Rusty Grant

Russell “Rusty” Grant joined Miles in 2016. He was formerly a partner with Cruser Mitchell Novitz Sanchez Gaston & Zimet L.L.P., where he practiced from 2006-2022. In 2022, Rusty became a full-time Neutral. Rusty has extensive trial experience with a focus on civil litigation, including automotive/trucking, premises liability, wrongful death, and professional liability. As a mediator, Rusty has helped clients resolve disputes in these areas as well.