AFCC Advanced Mediation Institute
Looking Back - Looking Ahead
(materials at www.mediate.com/Integrating)
THEME ONE: "MEDIATION AS A MARKETPLACE"
One Mediation Field or Many Mediation Fields?
(both - why are you asking?)
Divorce Mediation as Niche Mediation Industry (or Industries?)
Many Competitors in the Divorce Marketplace:
- No assistance
- Do it yourself (Nolo)
- Para-Legals
- Courthouse Kiosks
- Traditional Legal Representation
- Collaborative Practice
- Private Sector Mediation
- Public Sector Mediation
- Other Family (Hybrid) Services (e.g. Parenting Coordination)
We Also See "Marital Mediation" Emerging on the Scene - Return to Conciliation Courts or Private Sector Initiative?
What is the Value Proposition of Divorce Mediation in a Competitive Marketplace?
Might include:
- You keep Control over all decisions
- More Affordable
- Faster
- Confidential
- Does not preclude any other option
- Most participants are successful and satisfied
What is Your Individual Value Proposition - Why Mediate with You?
Consider the Flexibility and Scalability of Mediation
- How much mediation?
- By whom?
- Where Offered?
- Who pays?
- Who present?
Mediation as The Only Maximizing Process
Note the Number of Statutes and Regulations that Require (depend upon) Mediation (mass disaster, foreclosure . . . divorce).
And Consider the Leading Marketplace Alternatives:
- No resolution
- No assistance
- Costly and contentious traditional legal representation
- Costly collaborative practice
- High risk arbitration
SUM: GOOD NEWS AND BAD NEWS
- BAD NEWS: PEOPLE DO NOT LIKE MEDIATION
- GOOD NEWS: PEOPLE DO NOT LIKE OTHER PROCESSES EVEN MORE
- PEOPLE DO NOT LIKE MEDIATION BECAUSE THEY DO NOT LIKE CONFLICT
- CONFLICT DOES NOT SELL - DO NOT SELL CONFLICT (or anything with the word "conflict" in it)!
- DO NOT SELL "PROCESS," PEOPLE DO NOT LIKE TO BE PROCESSED
- SELL YOU AND SELL BEST RESOLUTION (desired results): "YOUR MOST CAPABLE AGREEMENT"
THEME TWO: MEDIATION AND THE INTERNET
Note The Relationship Between the Growth of Mediation and Technology
- the word processor
- flip charts
- attachments
- track changes
- web sites
- web resource centers
- education about mediation
What is "Best Divorce Mediaton" Can Change Overnight!
Online and Face to Face Options
- The wrong question: online or face-to-face
- The right question: how best integrate the two
- What the future may hold; e.g., consider online divorce adjustment mediation
- More broadly: The relationship of strategic approaches to presumed resources
Other New Issues:
- The digital divide reconsidered - Email as the new mailing address
- Phones now to people, not places - creates new opportunities
- Texting "would this be a good time . . ."
- Synchronous and asynchronous communication and resources
- Real Time Video as a False Idol
- Digital accountability
- Confidentiality and security
- The centrality of electronic communication to modern family life (not to say modern professional life)
THEME THREE: MEDIATION AND THE FUTURE
Divorce Mediation in the Year 2020 - What Lies Ahead?
- The Divorce Channel and The Mediation Channel (media segmentation)
- Online filing and motions
- Online discovery
- Online mediation and family support centers
- "The End of Lawyers" (Richard Susskind - www.susskind.com
- Professional services offered both online and face to face; synchronously and asynchronously
- Increased use of shared knowledge bases
- Mediation better communicating its market appeal in the community, public and private marketplaces (multiple delivery systems)
- Pace of change (communication) continuing to accelerate: Leading to a more resolved society and world?
- If so, guess who would have stepped up to offer elevated visibility and leadership?
- Mediators as advocates and leaders
