What Makes Mediation Special?
In previous posts I’ve discussed reasons why people decline the option to mediate. But there are many more reasons why people should choose mediation whevever possible, and here’s why:
Many years ago I was asked by a magazine reporter why I became a mediator. I remember my immediate response was that mediation levels the playing field. That comment was accompanied with a whimsical photo of me with a rake in hand. Even now, I still contend one major advantage of mediation is the process makes it possible for parties to work together without the obvious threat of power. Mediators are conscious to one party’s attempt to intimidate the other and will work to remove that from the equation. If that’s not possible, the mediator may stop the precedings if an agreement isn’t equitable, is unlikely to be fulfilled, and believes it will exacerbate an already strained relationship.
Also, mediation has communication rules. Parties who may have been disrespectful and threatening to one another must adhere to the mediator’s rules of behavior. Of course the amount of rules outlined will vary by the mediator’s perception of the situation. For most sessions, the mediator will likely expect a level of professional conduct from all participants. For others, the mediator might review language and nonverbal behaviors that won’t be permitted. Again, if the parties refuse to adhere to the rules, the mediation will be terminated.
领英推荐
And lastly, before most mediations the parties agree to confidentiality, which the mediator is also bound by, except as provided by law or if the parties waive confidentiality. Such agreements reduce the risk of sensitive information or comments made during sessions from becoming public and result in more open and honest discussions.
Mediation is a very special form of dispute resolution. Many participants in mediation trainings tell me they wish they’d known about the option before taking the course.