MEDIATION - Why Do We Do This Work?

Monday, August 31, 2015 8:35 AM | Anonymous

Prof. Bruce Kogan, RWU Law School, posted to his blog on 07/08/2015 - Why Mediation?
 “Why do you do this?" is a question that Prof. Kogan says he is often asked "in the midst of a contentious mediation."  

He goes on to say "Whatever the reasons for the conflict, or the myriad of issues that may be involved – at some point in certain particularly intense mediations, the parties will turn to me and ask me why I spend my time and effort listening to their bickering with or even shouting at each other.  This is a really good question and one that I have often asked myself over my now 30 years of mediating.  

My answer to that question makes me focus on both the work and worth of mediation. 

Mediating is not easy work.  It requires you to be comfortable in the middle of other people’s conflicts.  It takes complete focus and the ability to process in real-time everything that is occurring in an already complex and rapidly changing interpersonal dynamic.  It requires patience, persistence, objectivity and creativity to help guide antagonists away from focusing on the past bad history to the possibilities for their future.  As my late friend Kathy Birt said:  'It is not about how you got into this mess, but rather how you get out of it.' 

Whether the parties are able to come to enough common ground to reach a settlement (which happens most of the time) or not, I can see the worth or value of mediation for myself and for them.  They have had the opportunity to talk to and listen to each other and to try to solve their own problem, rather than have a judge impose a solution on them.

I have done my best to create that opportunity – and it really feels good when they settle." 

 Read more of Prof. Kogan's Blog at: http://law.rwu.edu/blog/why-mediation   

What do you think of when asked "Why Mediation?" What do you think about when reflecting on "the work and worth of Mediation"? 

You can send your thoughts to : exec@RIMediators.org   

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