MEDIATION AND RE-ESTABLISHING TRUST

Trust is an inherent part of mediation and dispute resolution. Parties in conflict are in a relationship. As they work together in mediation to reach an agreement, they have to share accurate information, and if an agreement is reached, to follow through. The challenge, however, is trust was likely diminished.

 The dilemma is the balance between honesty and trust. When trust in one party is weakened, the other may withhold information and not be completely forthcoming with their counterparts believing to reveal all information might result in giving the other party an advantage. Yet, choosing not to share information may threaten trust. In working together to resolve conflict, the parties must approach this dilemma by cautiously being honest with one another.  

 So, how can parties regain trust in each other? It begins by recognizing there are different levels. The simplest one is deterrence-based trust or trust that the parties will follow through on agreements because of potential consequences for not doing so. For some conflicts, this is all that is possible. The parties accept and follow through on an agreement because it has enforcement power. A higher level of trust would be calculus-based trust or trust that the parties will follow through on agreements because they benefit from following through.

 A higher level of trust can only occur when the parties believe each other to be trustworthy. That belief is facilitated by understanding each other’s frustrations and, if appropriate, apologizes. We judge trustworthiness from an individuals’ integrity, ability and benevolence. Integrity is the perception that the person will consistently adhere to sound moral values. Ability refers to having a relevant skill set. Benevolence refers to caring about the other’s well-being. This higher level of trust can only occur when the parties have rebuilt their relationships and recognize that by working together, they achieve their individual goals, as well as joint ones.

 Higher levels of trust are not accomplished in short order. That is why our first steps are deterrence-based or calculus-based trust. Higher level trust can be built from carefully worded agreements and contracts. As it has been said, “trust must be earned.”