ABSTRACT
Language used in questioning can be significant. Lawyers are taught about the different types of questions. Open questions are questions where the answer is not suggested in the question, such as ‘What happened next?’. Closed questions, sometime called ‘leading questions’, suggest the answer – for example, ‘Were you upset?’. Closed questions can often be answered by a simple ‘yes’ or ‘no’. Open questions require more explanation. Mediators make use of open and closed questioning in communicating with parties. In the Exploration Phase, open questions can be useful. Where clarification or confirmation is needed, closed questions should be used, i.e. ‘Is that correct?’. A worthwhile exercise is for a friend to make up a fictional scenario. The mediator should than practice asking them about the experience using closed questions only, and then open questions. It is interesting to see how many assumptions we make when we ask too many closed questions, and how many of these assumptions prove to be false.
