A Perspective on the Growth and Evolution of the Field of Mediation

I have simultaneously worked privately as a divorce mediator while developing an agency which in 1995 became a funded community mediation center using primarily volunteers. I have seen the natural development of this profession similar to social work which shifted society’s response to the poor from the use of debtor’s prison to a more supportive and empowering approach. Don’t forget that the social work profession still suffers somewhat from their initial manifestation as religious volunteers.

Having had both perspectives I want to add a couple of insights as to the value of both. First and foremost the community mediation movement is premised upon the empowerment of the people in a community. It seeks to have the means of dispute settlement mirror the values they wish to promote among themselves. It substitutes respectful communication and thoughtful problem solving for the power, inefficiency and costliness of the legal system and offers a seamless connection between the best values in the disputants and the healthiest response to conflict. These ideals represent the very best in this movement and community mediation has cultivated and nurtured these values to this date.

The private mediation movement has been a vanguard in directly challenging the legal system. It has struggled mightily to inject this approach into the institutions that deal with conflict. It also is driven, of necessity, by an economic system based upon outcomes and profit. While the values inherent in mediation are not incompatible with the free enterprise system it is easily tainted by it. It is easy to substitute expediency and outcomes for the values of empowerment and an enhanced relationship. Even the “most successful” programs establishing mediation in conjunction with courts across the country still struggle with standards of practice and maintenance of clear values within the models utilized.

Unlike the social work profession of the early 1900’s we have the advantage of the media, the support of many people in the legal and court communities, academics and a great deal of research that recognizes not only the efficiency but the superiority of dealing with disputants using collaborative approaches. Our strategies should be thoughtful, consistent and dynamic. We should focus on presenting a united front in furthering the development of this approach throughout society. We have a mission to shift this culture from ‘me’ towards ‘us’. These approaches to conflicts promote understanding and heal rifts in the community. This counteracts the fears that drive the idealization of the individual to the exclusion of the community.

Private mediation needs to continue the fight for recognition carving out a place in the public’s mind that their services are valuable. Community mediation and all the voluntary programs are equally needed to promote important changes in people’s neighborhoods, families and social institutions like schools because here lays the critical mass of opinion that will result in change. But, make no mistake about it, from the beginning and into the future community mediation and the voluntary systems they create have been and will remain the rudder for adherence to the values and broad vision of this movement.

The private sector must value and continue to communicate with those of us who have the luxury of looking to our source of inspiration rather than our personal survival. Together we can keep to our principles while placing mediation in the forefront of the public and integrating it and other collaborative processes into the fabric of our society.

I have heard some private mediators say that so long as people are volunteering the service that it will not be valued sufficiently. My experience has been that payment for mediation that requires special training and background will be accepted and continue to grow, notwithstanding the article that precipitated this dialogue. Community mediation and its use of community volunteers are valuable to the health of the community as well as the health of the profession. It is also critical to mediation’s survival and integrity.

Biography

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Charles  Parselle,   Los Angeles CA	07/22/06
Only three types of mediators can survive (1) trust fund babies (2) public sector mediators, supported by public funds (3) free market mediators. Mark Kleiman's excellent article leads me to think he is in the second category, in essence an adjunct of the court system as he writes 'Beginning with a mentoring program designed to divert youth from the Family Court, it has grown to be a series of integrated programs with over 110 staff that divert over 15,000 people annually from the court system in Queens, New York.' The public sector is so entirely different from the private sector. In the public sector, while your customers may be satisfied, your client is the funding agency. A major problem with the private sector is that it is dominated by retired judges, who see no need for the development of mediation as a professional specialty. Add New Comment

William Harralson, JD,   Oakland CA	wsharralson@justice.com      07/16/06
Giving Peace a Chance
Mr. Kleiman: Thank you for a very insightful and provocative article. I was especially moved by your finding that "...we have a mission to shift this culture from 'me' towards 'us.' You are absolutely right--mediators, especially those who subscribe to the transformative mediation model, should adopt this vision as a necessary element of our implied code of ethics. In times like these where arrogance, greed, and selfishness are so prevalent we need more individuals, ESPECIALLY AMONG THE RANKS OF MEDIATORS, with your committment to the peaceful, collaborative, transformation of disputes. Add New Comment

Dina ,   Boston MA	Dina@adrpracticebuilder.com      07/13/06
Making Our Case with 21st Century Tools
Mark (and John), I found the article (and comments) very interesting. I agree that the mediation community needs to fight for its rightful place. We must become not an alternative choice but one of the first choices when consumers seek help resolving issues. Our competition is apathy, denial and traditional thinking that seeks litigation as a initial tool for problem-solving. How can we change our image in the market? We must change our tactics. Mediators must come into the Internet age and use emerging tools like podcasting, social networking and others to get our word out, to connect with consumers (and media) who don't know we exist. Until resources like blogging and RSS feeds become as comfortable for mediators to use as open-ended questions and reframing, we can't expect to win the battle for the marketplace or reap the financial rewards we deserve. Scary, yes. But just as we ask our disputants to face their fears and negative assumptions, we must do the same to grow as a profession. Thanks for starting what I hope will be a robust, energizing discussion. Dina Beach Lynch, JD Ombudsman Mediator Business Mensch http://www.adrpracticebuilder.com http://www.mediationmensch.blogspot.com Add New Comment

John	07/13/06
Paradigm shift
This issue of income for mediators and other conflict resolvers and trainers is perplexing. We'd all like to make a living at what we do..and in this instance part of what we do is help shift a paradigm in the way the world (our "selves" included)sees and treats conflict..which may mean, I think, facing some of our own fears about not "making it" in the world of economic rewards. I'm new at this and thinking I am going to try to enter a lucrative part of the market, selling service to lawyers and companies needing the justice, efficiency and transformative power "appropriate dispute resolution" offers. I doubt I will find much work, but what I find might help support the time it takes to give some of what I know away to those who cannot pay for it, and to market, market, market what I have to offer to those who can. I'll keep you posted. Add New Comment

Barry Goldman,   Bloomfield MI	bagman@ameritech.net      07/13/06
Yep, one more demonstration of Upton Sinclair's observation, "It is difficult to get a man to understand something when his salary depends on his not understanding it." Add New Comment

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