I don’t use ground rules in mediation, and I never have. In my mediation coaching and skills training, I watch what happens when someone is reminded of the rules: they shut down and start saying the right thing instead of the true thing. Here’s what I do instead, from an opening that asks people to listen to understand, to stopping and summarizing when it gets heated, plus the research on what suppressing emotion costs people at the table.
People in conflict tend to argue about what happened or didn’t happen. Who said what, who did what, who started it, who was right and who was wrong.
That is almost never what the conflict is about.
Underneath the argument, four things are running at once. Emotions that are hard to see and harder to name. Values that feel non-negotiable. Interests buried under stated positions. Needs that go unspoken because they are the hardest thing to say out loud.