Stay up to date on everything mediation!

Subscribe to our free newsletter,
"This Week in Mediation"

Sign Up Now

Already subscribed No subscription today
<xTITLE>Why Everyone Should Take Mediation Training</xTITLE>

Why Everyone Should Take Mediation Training

by Kari Boyle
February 2019

Originally posted on Slaw, Canada’s online legal magazine: http://www.slaw.ca/2018/04/25/why-everyone-should-take-mediation-training/

Kari Boyle
Over the years I have been asked many times, by lawyers, law students and others, whether they should take mediation training. Most were interested in mediation, many participated as counsel at mediation but few planned to be full-time mediators. My standard answer has been that mediation training was valuable to everyone as it provides key life skills that are useful in all parts of our lives, not just in our legal career. Mediation training teaches us about the dynamics of human behaviour and provides a fundamental suite of skills for dealing with inevitable conflict in healthy ways that prevent conflict from escalating and help to preserve relationships. Why wouldn’t you want to know how to do this?

Little did I know that I was significantly under-selling mediation training! A recent journal article by Deborah A. Malizia and Jessica Katz Jameson and Ms. Jameson’s related articleprovide empirical evidence that mediation training also improves the well-being of the mediator. At a time when many in the legal profession are struggling with a multitude of wellness challenges this comes as very good news.

The authors argue that many of the problems that lawyers (and others) are struggling with are related to issues of perspective-taking (being open, curious and able to see things from the other’s perspective), self-awareness, and self-regulation. Jessica Jameson says that the skills learned in mediation training have the potential to ameliorate threats to mental health and promote resilience and overall well-being. The articles examine three streams of research and theory:

1. Studies of the impact on student peer mediators in the K-12 context:

“Studies of peer mediation programs have found that students who receive mediation training reap the greatest benefits from the programs, including increased academic success, enhanced social and emotional competence, increased self-esteem, and reduced aggressive behavior and disciplinary action”. These benefits exist in the short and long term.

2. Studies of the effects of social emotional learning, mindfulness practice, and emotion regulation support behaviours:

“Mindfulness includes self-regulation of attention … and an orientation of openness, curiosity, and acceptance.” Further, a 2017 study found that “those who helped others regulate their emotions showed the greatest decrease in depression.” These are skills learned and practiced in mediation and we can apply these skills to improve our own emotional lives.

3. Theoretical support from neuroscience:

The authors say that “nine prefrontal cortex functions are essential to resilience and emotional well-being. Mediator skills are closely aligned with six of these function: (1) attuned communication; (2) emotional balance; (3) empathy; (4) moral awareness; (5) response flexibility; and (6) insight.”

At the conclusion of the article, the authors identify law students and practicing lawyer as groups who would especially benefit from mediation training and practice. They refer to the shocking American Bar Association 2016 report and other statistics that confirm very high rates of lawyer depression, anxiety, stress, and alcohol/substance abuse in the profession. The concerns are similar here in Canada.

Based on this research I suggest that we consider mediation training as one way to counter these trends and to improve well-being of law students, lawyers and other legal professionals. It is already available, accessible and enjoyable. And who knows, it might also support our access to justice efforts by shifting the justice system to be more client-centered and collaborative.

I would love comments, especially from those who have taken mediation training.

Biography


Until recently Kari D. Boyle was the Director of Strategic Initiatives and previously the Executive Director at Mediate BC. Kari enjoys using her legal, mediation and management experience to encourage collaboration to improve BC citizens’ access to viable and affordable conflict resolution options. Previously, she practiced corporate commercial litigation in Vancouver for 14 years, worked in-house for 6 years specializing in legal services management, led mediation research projects at UBC, and has participated in many justice reform initiatives. She is a member of the BC Access to Justice Committee, Coordinator of the BC Family Justice Innovation Lab, a Board member of the Courthouse Library Society of BC, a knowledge engineer with the Civil Resolution Tribunal and Project Manager of Mediate BC’s “Family Unbundled Legal Services project”.



Email Author
Author Website

Additional articles by Kari Boyle