Supporting Neurodivergent Participants in Mediation
In the field of mediation, we frequently come across individuals with distinct thought patterns or cognitive approaches such as but not limited to autism, ADHD, dyslexia, dyspraxia, Tourette syndrome, and others.
To put it simply, neurodivergent individuals usually have different ways of thinking, learning, and interacting compared to what society deems as "typical" or "normal."
These differences can bring unique strengths and perspectives to the table, but they may also present challenges. Therefore, today, we will explore the significance for mediators to understand and accompany neurodivergent persons during mediation sessions and how we in our practice mitigate any potential adverse effects it may have for the people with these mindsets and the other participants in the mediation process.
1). What is Neurodivergence?
Neurodivergence is a concept that acknowledges there isn't a single "normal" or "typical" way for brains to operate. Instead, there is a wide range of ways in which people's brains can function that influence how individuals perceive the world, communicate, learn, interact with others, and process information.
For example, individuals with autism might excel in areas like attention to detail or pattern recognition while facing challenges in social communication. Similarly, those with ADHD might struggle with maintaining focus but might exhibit high levels of creativity and spontaneity.
Neurodivergent individuals oftentimes process sensory information differently, they have unique strengths and weaknesses and approach problem-solving in non-conventional ways. Neurodivergence isn't good or bad, it's simply a reflection of the diversity of human cognition.
2). Why does mediators ‘knowledge of neurodivergence matter in the mediation?
Mediators must be able to acknowledge that 1). each neurodivergent condition involves unique patterns of thinking, learning, and behavior as each neurodivergent individual thinks, learns, and interacts in a manner that is unique to him/her. 2). These differences may be challenging for a neurodivergent person in certain circumstances such as negotiating and/or expressing his/her voice and opinion during the course of the mediation session.
Being knowledgeable about neurodiversity allows us as mediators to promote acceptance, create environments that accommodate neurodivergent persons' diverse needs, and tap into the unique talents and perspectives they add to the conversation.
To us, it's simply about recognizing that differences in brain function are a natural part of human diversity and making sure that it is respected and valued accordingly during the mediation process.
3) How can mediators support neurodivergent individuals in mediation?
In mediation, parties come together to attempt to resolve conflicts and reach agreements. However, these conflicts can stem from misunderstandings rooted in differing perspectives and communication styles. Neurodivergent individuals may have unique needs and preferences when it comes to communication, problem-solving, and decision-making.
By acknowledging and adapting to neurodiversity, mediators can establish a secure and encouraging space in which individuals can freely express themselves without worrying about being judged or criticized. In doing so, they also promote mutual understanding and cooperation among all involved parties. This, in turn, increases the likelihood of reaching mutually beneficial settlements. To achieve this goal we usually rely on the following:
3-1. Flexibility in communication: It is crucial to understand that neurodivergent individuals may prefer different communication styles. Some may excel in written communication, while others may prefer verbal discussions. We consistently strive to adopt a communication approach that caters to their needs.
3-2. Empathy and patience: Showing empathy and patience when interacting with neurodivergent individuals is key. Therefore, we always bear in mind that processing information or expressing thoughts may take additional time, and avoid rushing the mediation process.
3-3. Use clear communication: Providing clear and concise instructions, and avoiding using ambiguous language or metaphors that may be confusing is also a tool we use to facilitate the full engagement of neurodivergent individuals in the discussion process and enable them to express themselves effectively before an audience.
3-4. Practice active listening: We encourage active listening by providing opportunities for the other participants of the mediation to ask questions or provide feedback in a respectful manner to neurodivergent persons.
3-5. Respect individual preferences: We always try to respect neurodivergent individuals' preferences regarding eye contact, physical proximity, and other sensory sensitivities during presentations.
Contrary to what some may think, resolving a family conflict where a neurodivergent person is involved is possible. In mediation, embracing neurodiversity is not just about meeting legal or ethical obligations—it's about fostering a culture of inclusion and understanding. By recognizing and valuing the unique perspectives and abilities of neurodivergent individuals, we can pave the way for more meaningful and successful resolutions.
At Mediation Path Silicon Valley, LLC, we are committed to creating the best environment possible for each participant in the mediation and helping each family design the best possible amicable resolution to their conflict.