A mediator works with parties as a neutral to resolve their disputes without Court intervention.
Working through conflict is hard work, however, it is productive. It is axiomatic that settlements reached in Mediation are stronger. Parties input into the resolution increases their respect for the agreement. In addition, Mediation rebuilds relationships, transforms individuals and saves resources.
Having trained under two methods of mediation, the facilitative philosophy of Mediation with the Education Assistance Corporation and the Understanding based model with the Center for Mediation in Law I have a unique view of conflict resolution.
 The understanding based model of Mediation emphasizes the Process.
The Mediator develops six concepts of Mediation:
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Issues of the Conflict; |
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The ownership of the dispute; |
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The ground rules of the process; |
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Communication in a controlled and constructive environment; |
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The Process to explore the reasons that drive the conflict; |
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The autonomy of each individual and help make the connection in their relationship. |
The case that influenced my adoption of the Understanding based model occurred during my volunteer work with the Education and Assistance Corporation.
The dispute was a small claims matter between a homeowner and awnings salesman. At the hearing I reviewed the complaint and briefly spoke with the parties. My initial evaluation was “I am not going to get these parties to agree to a settlement”. Failing to leave my prejudices at the door would teach me a valuable lesson.
The Homeowner ordered an awning to place over the entrance to her home. The homeowner realized the awning was not the correct size and requested that the company fix the problem. The parties couldn’t work out the issues so the homeowner filed suit in the District Court of the County of Nassau.
The homeowner stated the salesman had come to her house a number of times to discuss the size of the awing. She stated “He even came to our house with his arm in a sling”
What I thought was an insignificant statement by the homeowner “he even came to the house with his arm in a sling” was very significant to the salesman. The salesman was upset that the homeowner made that statement. I asked that homeowner “Why was it important for you to make the statement. She replied, “Because I thought it was so nice that he came to the house even though he was injured”. The change in the atmosphere in the room and the body language of the salesman was palpable.
As a result of asking that question the parties continued to communicate and reach a settlement on their terms not the Courts. My training from the Center gave me the ability to identify the “Dynamic” that was causing the continued conflict. This is essential in helping the parties understand each other and “Get Out of the Conflict by Going Through the Conflict”.
All conflict can be resolved. It’s the Mediators job to help the parties understand the how and why of their conflict by emphasizing the process. What Dynamic in their relationship is causing them to become mired in conflict and allowing it to continue?
The Understanding based model of Mediation is the method that allows the Mediator to unlock and reveal the Dynamic. A thorough Forensic examination of the conflict and the parties’ relationship will enable the Mediator to help the parties work through their conflict to get out of it. |