Recent studies have examined the connection between gender and negotiation practices, uncovering intriguing insights into how men and women approach dispute resolution remarkably differently.
Research suggests that women tend to be less accepting of unethical behaviour and often exhibit a higher level of moral conduct compared to men.
A 2012 study by Michael P. Haselhuhn and Elaine M. Wong* revealed that only 11% of women resorted to deception in negotiations via email, as opposed to 25% of men. Further research by Jessica A. Kennedy, Laura J. Kray, and Gillian Ku** in 2017 examined gender differences more closely. They found that women tend to internalize morality into their identities more strongly than men. The research showed that women often view themselves as interdependent with others, emphasizing concerns for others’ emotions, while men lean more towards independence, and away from interdependence. This perspective may explain the differences in the practices of mediators based on their gender.
In practical terms, mediators with a stronger moral identity are more likely to behave ethically in negotiations. Given that the research suggests that women, due to their stronger moral identities, are more committed to negotiating ethically and are less supportive of unethical tactics compared to men, it may tend to show that female mediators bring qualities to negotiation that differ from their male colleagues.
The research also showed that although women may display superior negotiation ethics, there are instances where these ethics might be compromised. When participants in negotiation scenarios were offered financial incentives to behave unethically, women exhibited behaviour on par with men. This indicates that financial considerations can erode women’s negotiation ethics, emphasizing the importance of situational factors.
The findings regarding gender and negotiation ethics hold significant implications for family mediation, where ethical behaviour is crucial. Family mediators play a critical role in facilitating productive discussions and resolving conflicts within families. The choice of mediator, considering their gender and ethical inclinations, can significantly impact the mediation process and outcomes.
Female mediators may bring a stronger commitment to ethical behaviour and a higher likelihood of discouraging unethical tactics during mediation sessions. Their emphasis on morality can contribute to a more empathetic and balanced mediation environment.
However, since family mediation may involve financial considerations, it is essential to remain cautious about its potential impact in negotiation ethics.
In conclusion, over large sample groups, gender has been proven to play a material role in human behaviour, empathy, listening, ethics and negotiation styles. Likewise, in the context of family mediation, the choice of mediator gender can be crucial to the process and outcome in mediation. That said, while gender matters, it is essential to remember that mediation is made up of a complex interplay of persons, personalities, human interaction, moral values, external pressures and situational factors. When hiring a mediator, clients must consider and analyze all qualities of the dispute resolution process.
* https://pubmed.ncbi.nlm.nih.gov/21733897/
** https://psycnet.apa.org/record/2017-02966-004
Editorial Note: Originally published in 2024, this article explores how gender may shape ethical behaviour and negotiation styles in family mediation. Drawing on current research, it invites separating spouses to thoughtfully consider what qualities matter most when choosing a mediator.
Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.
Share this article on: