We always say that extreme situations are more common in our heads than in the reality of each mediation file, although it is true that in many moments of professional mediations We come face to face with extreme situations. The "no" could be one of them but perhaps it would be interesting to study what elements it must have to be limiting in the continuity of mediation. One of the first characteristics of this no is the lack of argumentation, that is, a non-argument allows you to continue working in mediation since it will contemplate the basic elements that support the party's position.
We are going to find the problem when this refusal is not accompanied by those arguments since it will be the mediator who has to make professional decisions regarding the development of the process; These decisions will be legitimized by their condition within the process and therefore will be attended to by the parties. However, this situation should be worked on by the mediator or his team before ending the process.
The question we ask ourselves is how to deal with the no, how to address a situation that a priori seems definitive; Well, the mediator will have to explore new work spaces to be able to dedicate time and effort to a closed position of one of the parties. To do this, some good ideas that we can give you refer to both the process and the technique, we could start with the process.
How does a no affect the process? It will be necessary to consider the option of redirecting the process to other types of meetings, perhaps individual, or considering the input of an advisor who can provide new information for decision-making since the real objective for the mediator is to work on the elements that support that position. unfounded. Holding caucuses could be the most immediate and, in my opinion, the most effective tool for action, but it should not be the only one, as indicated in the previous lines.
As the last part of this reflection and no less important, it is to understand that mediation has as its main objective the holding of work sessions and as a consequence the birth of agreements, so we do not necessarily have to reach agreements in mediation since it is an effect of the work done. The appearance of a negative closed position may mean that the mediator The process may have to be concluded, but this does not prevent partial agreements from being reached and the issues that have given rise to this closed position being left aside.
