COMMUNICATION IN MEDIATION

1.1 Communication is the core of mediation.  Hence, effective communication between all the
participants in mediation is necessary for the success of mediation.
1.2 Communication is not just TALKING and LISTENING. Communication is a process of
information transmission.
1.3 The intention of communication is to convey a message.
1.4 The purpose of communication could be any or all of the following :
• To express our feelings/thoughts/ideas/emotions/desires to others.
• To make others understand what and how we feel/think.
• To derive a benefit or advantage.
• To express an unmet need or demand.
1.5 Communication is conveying a message to another, in the manner in which you want to convey
it.  For example, a message of disapproval of something can be conveyed through spoken words
or gestures or facial expressions or all of them.
1.6 Communication is also information sent by one to another to be understood by the receiver in
the same way as it was intended to be conveyed.
1.7 Communication is initiated by a thought or feeling or idea or emotion which is transformed into
words/gestures/acts/expressions.  Then, it is converted into a message.  This message is
transmitted to the receiver.  The receiver understands the message by assigning reasons and
attributing thoughts, feelings/ideas to the message.  It evokes a response in the Receiver who
conveys the same to the sender through words/gestures/acts/expressions.

1.8 Consequently, a communication would involve :-
A Sender - person  who sends a message.
A Receiver - person who receives the message.
Channel - the medium through which a message is transmitted which could be
words or gestures or expressions.
Message - thoughts/feelings/ideas/emotions/knowledge/

information that is sought to be communicated.
Encoding - transforming message/information  into a form that
can be sent to the receiver to be decoded correctly.
Decoding - understanding the message or information.
Response   -  answer/reply to a communicated message.
A deficiency in any of these components would render a communication incomplete or defective.
1.9 Communication may be unintentional e.g., in an emotional state, the feelings could be conveyed
involuntarily through body language, gestures, words etc.  A Mediator should be alert to observe
such expressions.
1.10 Communication may be verbal or non-verbal.  Communication could be through words - spoken
or written, gestures, body language, facial expressions etc. Studies reveal that   in any
communication, 55% of the meaning is transmitted through body language, 38% is transmitted
through the attitude/demeanor of the communication, and 7% is transmitted through words.
VERBAL AND NON-VERBAL COMMUNICATION
Verbal Communication is transmission of information or message through spoken words.
Non-verbal communication refers to the transmission of information or message from sender to
receiver without the use of spoken words.  It includes written communication, body language,
tone, demeanor, attitude and other modes of non-verbal expression. It is often more spontaneous
than verbal communication and takes place under less conscious control. Therefore, it can provide
more accurate information.
It is important for a mediator to pay adequate attention to non verbal communications that take
place throughout the mediation.  It is also important for a mediator to analyze the message sent
by the parties through such non verbal communication.
1.11 REQUIREMENTS FOR EFFECTIVE COMMUNICATION :
i) Use  simple and  clear language.
ii) Avoid difficult words and phrases.
iii) Avoid unnecessary  repetition.
iv) Be precise and logical.
v) Have clarity of thought and expression.

vi) Respond with empathy, warmth and interest.
vii) Ensure proper eye contact.
viii) Be  patient, attentive and courteous.
ix) Avoid unnecessary interruptions.
x) Have good listening abilities  and skills.
xi) Avoid making statements and comments or responses that could cause a negative effect.
1.12 CAUSES OF INEFFECTIVE  COMMUNICATION :
i) Differences in perception i.e. where the Sender's   message is not understood correctly by
the Receiver.
ii) Misinterpretation and distortion of the message by the  Receiver.
iii) Differences in language and expression.
iv) Poor listening abilities and skills.
v) Lack of patience.
vi) Withholding or distortion of valuable information by a third  party/intermediary,  where  a
message  is  transmitted by the sender to the receiver through such third party/intermediary.
1.13 BARRIERS TO COMMUNICATION :
PHYSICAL BARRIERS :
i) lack of congenial atmosphere.
ii) lack of proper seating arrangements.
iii) presence of third parties.
iv) lack of sufficient time.
EMOTIONAL BARRIERS :
i) temperaments of the parties and their emotional  quotient.
ii) feelings of inferiority, superiority, guilt or arrogance.
iii) fear, suspicion, ego, mistrust or bias.
iv) hidden agenda.
v) conflict of personalities.

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