A Review of Practice (An Introduction to the Field of Mediation)

Mediation is an art just like any other craft involving and end result, the finished product being a solution to the dispute. It takes time working with the parties, or clients, time in training, time to listen, and time to assist. Crafting the final work and put the finishing touches on a settlement, are just part of the process, as many steps go into negotiating an agreement and making sure both sides are addressed. This is why it truly would be considered an art. Precision and care must be applied at all times if the endeavor of being a mediator is such an important job, as a tedious matter, involving phone calls, meetings, and research, mediation is the work in that goes into resolving conflicts, because while there are always people fighting about something, mediators must take the time to be there and “paint” a new picture of what a solution could look like.

With person experience with an artistic background, I have also been through and been present during many conflicts such as divorces, civil disputes, criminal disputes, and verbal confrontations. Many times, I feel that my presence and impartiality were the only two things that got me through the situation. Looking back, I always find, even as a non-mediator, or as I have learned, mediating volunteer, that following the guidelines I have learned in classes such as staying impartial, and confidential of disputes is not only professional but a good idea as well as good advice.

What the real question is is if mediation is an art, how can one be more artistic in their mediation techniques? By switching their tactics? Changing from evaluative to transformative styles, or by asking more questions? Would putting certain types of artwork in the room help calm clients or remind them of peaceful moments? Do non-conflicting color styles help to achieve more resolution with an arguing plaintiff? If so, when should these ideas be put into practice?

An author and mediator from Canada gives us the answers to this when he shares his story of an experience with Radio Head. He was looking forward to listening to an album he hadn’t heard and afterwards he tells his friends that it was horrible. After looking back on that day later he realizes he was rushed, tired, and having other problems. His friends tell him to listen to it again and he vastly enjoys it. The point is he had time to sit, relax, and get ready to listen to music and he got much from the experience.

This is similar to mediation, he says, where to be ready is half of the battle because as mediators, we have to not only look out for both parties’ interests but also take care of ourselves, meaning that if we put in our introduction that breaks are allowed, we should also take caution of when we are over stressing and creating discord, if any, and to create a harmonious mediation, much like with making or listening to music. And as I learned in Boy Scouts, Always, Always, Always, Be Prepared.

Another mediator, Stephanie West Allen, shares several stories of how music has brought people out of conflict, and she also shares that music can be used as an aid to mediation itself. Studies in neuroscience, she claims, have proven that music can reduce stress, help with pain, anxiety, and even conflict management. She goes on to talk about the power of music and its philosophy for the last thousand years and says that picking the right type of music for conflict management has yet to be universally decided upon, but while punk rock may put some people to sleep, as stated in her article, I personally think, a ballad from the Dallas Symphony Orchestra playing lightly upon arrival to a mediation might stir up some creativity, or bring levity to a disrupted party.

Whether or not music is incorporated into mediation, or there is artwork on the wall, I don’t think, would make or break, mediation, but being prepared and following a set of steps, and finishing the artwork are the most important keys to the art of mediation. Robyn McDonald would back me up on my previous statement to “be prepared” as a key to mediation. She breaks down mediation into several key steps and draws a line between those that do and those that don’t do well in the conduction of mediation is based on one concept: comparing mediation to fly fishing. It requires cunning, skill, and patience she claims and all mediators either trout fish or they don’t. She then made a 9 step program which is as follows:

Thorough Preparation;

This is Step 1.

Step 2: Using the right tools when needed,

Step 3, Knowing how to read the Water.

Step 4, Having confidence in the arc of one’s cast.

Step 5, Knowing how and when to set the hook.

Step 6, Knowing when to reel in the line or let the fish run.

Step 7, Appreciating the one that got away.

Step 8, Appreciating the bigger picture.

Step 9, Embracing the love of the sport.

What I took from her advice was that it really is up to the mediator to make the mediation, whether it is reeling in that settlement agreement or letting one go because of partiality. Appreciating the bigger picture, and using those tools. While remembering always to be patient and do research first there are many factors and complications so to remember that there is a goal that everyone wants to achieve, a settlement, a trout fish for the day, or a cupcake on break, mediation is an art that takes not only care and technique but a step by step guideline that you must decide for yourself. To aid and assist in conflict resolution, one MUST always be open-minded, have proper training, and be willing to "roll with the punches!"

-G3