As an experienced conciliator and trainer, I’ve worked extensively across diverse cultural contexts and supported individuals living with a range of psychosocial disabilities. In my practice, I’ve seen firsthand how systemic barriers can compromise the fairness and effectiveness of the conciliation process. These barriers, can significantly influence people’s behaviour during mediation or dispute resolution sessions, sometimes causing reactions that may seem challenging or unreasonable.
1. Understanding the Systemic Barriers
Systemic barriers can emerge in numerous ways. Some parties may face language hurdles, making it difficult to fully grasp complex legal terms, procedures, or expectations. Others may struggle to access the necessary support—such as interpreters, advocates, or cultural liaisons—to help them navigate the process.
It’s not uncommon for participants to carry the weight of prior negative experiences with institutional systems, especially if they come from historically marginalized backgrounds or have psychosocial disabilities that have been misunderstood or stigmatized. Here are some phrases you might find helpful when acknowledging systemic barriers in your practice:
“I understand that some of these terms may be unclear, and I’m here to help break them down.”
“You’ve mentioned feeling unsupported in previous processes. I’d like to explore how we can ensure this experience is different.”
2. How These Barriers Can Lead to Challenging or Unreasonable Behaviour
When individuals feel that the odds are stacked against them, their responses can become more guarded, defensive, or emotionally charged. If a party believes the system is too complex to be navigated fairly, or that their voice is not heard and respected, frustration and mistrust naturally escalate. This might look like persistent refusal to engage, hostility, or emotional outbursts.
As a conciliator, I’ve found that understanding the source of these reactions is the key to responding effectively. Instead of viewing challenging behavior as a personal affront or a deliberate tactic, it helps to recognize it as a response to feeling powerless or misunderstood.
Consider these phrases when reframing challenging behavior in your sessions:
“I can see you’re feeling frustrated. Let’s take a moment to understand what is causing that frustration.”
“It seems like this process hasn’t been clear. Let’s clarify the steps together so you feel more in control.”
3. Responding Effectively: Transforming Barriers into Bridges
When I identify that someone’s behavior may stem from systemic barriers, I focus on empathy, clear communication, and meaningful accommodations. Here are some strategies I’ve employed successfully:
Acknowledge and Validate: Recognize the difficulty and articulate understanding. For instance: “I hear that this process seems complicated, and it’s completely valid to feel overwhelmed. Let’s break it down into smaller pieces.”
Take time to understand and acknowledge an individual's experience of the system. Simplify the Information: Present information in plain language, offer written summaries, or use visual aids. “This is the main document outlining your rights. Let’s review it step-by-step and note any parts that feel confusing.”
Cultural and Disability-Informed Practice: Engage interpreters, community advocates, or support people who have cultural competency and an understanding of psychosocial disabilities. “Would it help to have a support person join us, someone who understands your cultural background or specific support needs?”
Build Trust and Transparency: Explain your role, the neutrality of the process, and the pathways to raise concerns. “My role here is to ensure both sides feel heard, and I’m committed to creating a space where you can speak freely and safely.”
Offer Practical Support: Where appropriate, suggest access to counseling services, peer support, or advocacy groups. “If you feel you need additional support, I can recommend a service that offers legal guidance.”
In Summary
By recognizing and understanding the systemic barriers that parties may face—be they linguistic, cultural, institutional, or disability-related—we can move beyond labeling behaviors as simply “difficult.” Instead, we can see these behaviors as signals that the process needs adjusting. When we meet participants where they are, acknowledge their experiences, and tailor our approach, we pave the way for a more equitable and constructive resolution.
This approach not only helps the conciliation process run more smoothly but also respects the dignity, autonomy, and worth of every participant. As a conciliator who has witnessed the transformative power of inclusivity and understanding, I encourage all practitioners to embrace these strategies. By doing so, we can foster greater trust, improve outcomes, and ultimately deliver a more just and human-centered conciliation experience for everyone involved.
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