Since I am asking my students to think critically about what they are learning, I decided I was going to engage in the exercise of applying interests-based analysis to this sacred cow. If we took the statement of “Thou Shalt Not Suggest Solutions” as a statement of position and explored the interests beneath this position, I wondered if we could nonetheless provide solutions while still addressing the real concerns behind the statement.

Of the top of my head, I can think of 2 main reasons why many say “Thou Shalt Not Suggest Solutions”. There may be more but it is not my intention to be comprehensive in my coverage.

First, if a mediator was to suggest a solution and that solution is perceived (regardless of whether this perception is accurate or not) to be more in favour of one party than the other, the other party might feel that the mediator is no longer impartial and neutral. This could lead to the termination of the mediation and lead to charges of impropriety leveled against the mediator.

Secondly, it can be said that when a mediator suggests a solution, this disempowers the parties. Parties should be engaged in the creation of the solutions to their dispute so that that they will own the solutions which in turn increases the likelihood of compliance with the agreement. The disempowerment can happen if parties are apathetic and latch on to the mediator’s suggestion. Which at one level may be fine until remorse sets in at which time, may be used as an excuse for getting out of the agreement. An even less desirable scenario is when parties feel pressured to accept the suggestion because it comes from the mediator. This is true disempowerment and will only set the stage for a future dispute to arise.

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