Trauma-Informed Conflict Management: Enhancing Mediation Practices

In this Guest Blog, Kelly Thornton (Hunt ADR Lead Faculty and Mediator), gives a comprehensive breakdown of how trauma can deeply influence how individuals engage in conflict, and why mediators could, and should, take a trauma-informed approach.

When humans experience an event, series of events, or set of circumstances that is experienced by the individual as physically or emotionally harmful or threatening this can have lasting adverse effects on the individual’s functioning and wellbeing. This adverse effect is known as a “trauma.”  Contrary to popular belief, trauma does not have to be caused by a one-off serious event. People may be traumatised by various forms of trauma including but not limited to:

• Mass trauma- resulting from large-scale events like natural disasters, wars, or pandemics.
• Individual trauma- stemming from personal experiences such as accidents, illnesses, or losses.
• Interpersonal trauma occurring from abusive relationships or harassment.
• Cultural trauma- affecting groups due to cultural oppression, migration, genocide, or historical injustices.
• Economic trauma- arising from financial instability, unemployment, or poverty.

Trauma in the mediation room

Trauma can deeply influence how individuals engage in conflict, affecting their behaviours, perceptions, and interactions. Therefore, it is very important that mediators understand trauma and incorporate trauma informed principles into the mediation practice. In the context of mediation, trauma responses from the parties to a dispute may show up as follows:

• Heightened emotional responses- traumatised individuals may exhibit intense emotions such as anger, fear, or anxiety. These heightened emotional states can obstruct rational decision-making and escalate conflicts.
• Distrust and safety concerns: trauma often leads to pervasive distrust and a heightened need for safety. Parties to a dispute may struggle to feel secure within the mediation process or to trust the other party and the mediator.
• Communication challenges: trauma can impair communication abilities. Affected individuals might find it difficult to articulate their needs, express themselves clearly, or engage in active listening—critical components of effective mediation.
• Cognitive impairments: traumatic experiences can impact cognitive functions, affecting memory, concentration, and information processing. This can lead to difficulties in understanding the mediation process and making informed decisions.
• Avoidance and withdrawal: trauma survivors might display avoidance behaviours, such as withdrawing from discussions or emotionally shutting down, as a self-protection mechanism.

Trauma Awareness in Mediation

For mediators, understanding trauma is not merely beneficial—it is essential. A trauma-informed approach ensures the mediation process is sensitive to the needs of all parties and conducive to effective conflict resolution. By incorporating trauma informed principles into mediation practice mediators can enhance participant safety and trust. This creates a safer environment where parties to a dispute feel secure and more likely to engage openly. Trauma-informed mediators can also facilitate better communication, assisting parties in expressing their needs and understanding each other more effectively. A trauma-informed approach ensures that all parties to a dispute, regardless of their trauma history, are treated fairly and equitably. This can prevent power imbalances and ensure vulnerable parties are not further disadvantaged. As a result, trauma-informed mediation is more likely to result in sustainable settlement agreements, addressing underlying emotional and psychological needs, leading to more durable and satisfying outcomes for all parties to a dispute.

Implementing Trauma-Informed Principles in Mediation

To incorporate trauma-informed principles effectively into mediation, mediators can adopt the following strategies:

• Create a safe environment: this involves setting ground rules for respectful communication, offering breaks when needed, and providing a neutral and comfortable setting.
• Build trust and rapport: mediators should demonstrate empathy, engage in active listening, and maintain transparency about the mediation process. Building rapport with parties to a dispute helps them feel understood and supported.
• Screen for trauma: before the mediation begins, mediators can use screening tools to identify potential trauma in parties to a dispute, allowing them to tailor their approach to meet specific needs.
• Use empowering techniques: empowering parties to a dispute can help them regain a sense of control. Mediators can encourage self-advocacy, validate parties to a dispute’ experiences, and provide choices throughout the mediation process.
• Be patient and flexible: trauma-informed mediation requires patience and flexibility. Mediators should be prepared to slow down the process, allow for pauses, and adapt their strategies to accommodate parties to a dispute’ needs.
• Educate parties to a dispute: providing information about the mediation process and the impacts of trauma can empower parties to a dispute. Understanding how trauma affects them can help parties manage their reactions and engage more constructively.

Overall, trauma-informed conflict management in mediation is not just a compassionate approach—it is a necessary one. By understanding trauma and its effects on parties to a dispute, mediators can create a safer, more effective mediation process. Implementing trauma-informed principles helps build trust, improve communication, and foster equitable and sustainable resolutions. In the diverse and often complex landscape of mediations across numerous specialist areas including civil, commercial, family and international disputes, the mediator’s role extends beyond facilitating agreements to creating an environment where all parties feel heard, understood, and respected. This is particularly critical for individuals with trauma histories, acknowledging their unique challenges and supporting their path towards healing and resolution. This also provides a clear advantage of mediation over litigation, the mediation process should be a safe environment where all parties feel heard and respected, their experience should be centred around their empowerment to resolve their own dispute with the assistance of an empathetic, trauma-informed mediation practitioner.

Adopting a trauma-informed approach is a commitment to the well-being of all mediation parties to a dispute. It enhances the mediator’s ability to manage conflicts sensitively and effectively, paving the way for more meaningful and lasting outcomes. As the field of mediation continues to evolve, integrating trauma awareness and trauma-informed practices will undoubtedly become a cornerstone of best practices, ensuring mediation remains a powerful tool for resolving disputes in a humane and just manner.