Mediator Tips
Identifying Interests

Identifying interests goes a long way towards allowing for a satisfactory resolution to a mediation. Interests are the root reasons why a party or participant wants things in a specific way, but they are not always aware of them or willing to state outright what they are. More often than not, the parties will state their position and attempt to justify it. As a mediator, you should be ready to bring out their interests using specifically tailored questions.

Language that indicates positions are things like this:

• "I have to do X because…."
• "I cannot do X because….."
• "I’m really concerned about…."

To get to the interests, ask questions like:

• "Tell me why you need . . . .?"
• "Could you tell me a little more about your reasons for . . . .?"
• "Help me understand…?"