The Body Language In Alternative Dispute Resolution an examination of body language in the communication cycle, could help in a mediation process?

Abstract

This research aims to find how the mediators can analyse non-verbal language (gestures, eye contact, posture, hand movements) during the mediation process; One of the challenges is to obtain the information that can allow the implementation of communication strategies that can help the mediator to develop skills can be used as practical tools to read the body language in mediation processes. The objectives of this research are: • To Identify through reading and analysing the body language of the Mediator and the Parties how to develop a better environment by exploring the non-verbal language produced in the Mediation framework. • To demonstrate information (data) to assess the effectiveness and efficiency of the mediation process by analysing body language in order to achieve a relationship of trust between the mediator and the parties involved. • To recommend different forms of communication used by the practitioners to improve their relationship with the parties and develop an atmosphere of trust during their processes. This project will identify effective methods to analyse the communicative and persuasive strategies during the mediation process; This research will focus on the tools the mediator has at their disposal to reduce tensions between the parties and encourage empathy and reflection within the mediation process it means I seek how to help the mediator and the parties to communicate during the sessions because the mediators use the communication skills in conflict resolution to reach agreements with impartiality. The Body Language in ADR Independent College Dublin 5 | P a g e The mediator's ability to listen, identify and analyse non-verbal language, including gestures, will be an instrument to formulate questions to transform the problem into an opportunity for improvement; this can happen in different contexts and contribute significantly to the possibility of resolving a conflict. A conflict produced between two or more parties, and analyzed from different positions, is understood as a social process that goes beyond the person and their interests; this suggests that in the way we interact, some elements of communication transmit to the other party in the conflict feelings, affections, considerations that allow transparency and the intention of forming an environment of trust and collaboration. In mediation and conflict resolution, one should observe the set of communicative elements or components such as non-verbal language, tones of voice, posture, and different personalities by watching and listening to understand the conflict situation; the parties should observe the mediator's opportunities during the conflict process. Alternative Dispute Resolution is an “assisted negotiation process” in which the professional involved must attend, analyze and promote efficient communication. Communication acquires a relevance to be highlighted, positioning itself as one of the main tools of the mediator. The communicative difficulties that foreseeably appear at the beginning can be modulated and directed in favour of the benefit of the whole if a space for dialogue and adequate understanding is fostered.