To my mind and in my experience the legal bias for the context of mediation is a real problem for the growth of mediation because it puts it into the same “incomprehensible” bracket as the law is for most people. By way of example, our recently deposed government introduced over 3000 separate items of legislation EACH YEAR during their time in government. How is the average person or even the average business person supposed to feel they can understand the law that applies to them? It is a “rabbit in the headlights” scenario.

It is a question of “education” in part but it is also a question of responsibility. Understanding the usefulness, effectiveness and appropriateness of mediation is a question at least of corporate governance if not a personal one. In the meantime, what can we do to shift the balance? If you had any other product that was as reliable and effective as mediation is, someone would have put a lot of money into promotion and development by now. In commercial terms, the public don’t know that they need it and their lawyers won’t tell them until they have to. It is an opportunity. It needs entrepreneurs not hobbyists or to be practiced as a pension top up.

Thank you so much for bringing this up. I am very concerned that underlying philosophies of mediation, the values that make mediation work, are so often misunderstood and misused. I understand that there are a number of schools of thought and practice. However, requiring subject-matter expertise is not (or should not be) one of them. Isn’t the point that the participants are the experts and the mediator is there to learn and guide learning about the underlying issues?

I have been contacted by a number of lawyers looking to transition into mediation practice who ask me about the field. When I tell them that it is not not part of my role to determine what is true they ask, “but how do you make a decision”?

We have quite a lot of work to do to educate the general public about the unique benefits of mediation and a need for serious dialogue about the direction of the field. I am glad for blogs like yours (and Jeff’s) that provide that kind of information and conversation.

Best,

Bathabile
http://www.123untangled.com.

Thanks for mentioning my article/blog post. Lol, however, I looked at my approach as more as “Hey, I have many questions, why not write about it” instead of it being an investigation.

I also wrote it at night… I only play ‘detective’ during the day!

Every time I hear about the arbitrator-decided 19% firefighters’ raise in the city of Boston and think about how much that will cost in money and relationships, I realize that it’s the perfect window into what can happen with a third-party decision. It’s also a perfect teaching opportunity about alternative pie-expanding resolution possibilities.
After all, who doesn’t like pie?