Understanding Mediation
- Maria Ramos-Chertok
- Excerpted from Maria’s Newsletter – first issue (May 2005)
A lot of people have asked me where I received training in mediation and how one “becomes” a mediator. As some of you know, I love to talk about this subject because I find that there is a great deal of interest and an equal amount of misinformation out there on the subject. The first thing to know is that at the moment, there are no particular licensing or statewide certification requirements for mediators. I say, “at the moment” because there are various interest groups working to change that. For obvious reasons, the advocates of licensure argue that there is little-to- no quality control in the field. Those against licensure fear that the field will become dominated by lawyers (who make up a large part of the lobbying group) or other “professionals” who are, arguably, no better suited to conduct mediation than other trained laypeople.
What this means is that anyone can presently call himself or herself a mediator and, while there is no formal licensing, there are many different training programs. When seeking to hire a mediator, be diligent in finding out what type of training your potential mediator has and what style or philosophy of mediation they embrace. Also ask to see a list of clients. For confidentiality purposes, they won’t be able to discuss the details of a conflict, but should be able to provide you a list of past clients.
There are many styles of mediation, but on the extremes of the spectrum lie directive mediation and transformative mediation. Mediators do not “decide” a case – instead they work to facilitate a mutually satisfactory outcome. In directive mediation, the mediator will work to encourage the parties toward a resolution and as part of this process will typically meet with the parties separately. The mediator will take an active role in promoting and encouraging resolution, which is arguably the primary goal of directive mediation. This approach is most typically associated with lawyers who practice mediation.
In the transformative style, attention is paid to the relationship between the parties and the possibility of developing new understandings that may lead to a transformation of thought and, ultimately, a deeper understanding of the issues involved in the conflict. The parties are encouraged to meet together with the mediator and work on an outcome that they take active participation in crafting. Resolution is also sought, but the process by which the parties arrive at a resolution is tantamount. Often times the law is not discussed in transformative mediation – depending on the conflict, this may or may not be the best approach. I have often used this approach where there are no legal issues involved in the conflict.
Somewhere in the middle of the spectrum lies Understanding-Based mediation, the method in which I received a majority of my mediation training from The Center for Mediation in Law. The unique and, I would argue, extremely important aspect of the Center’s training is that they clearly and openly acknowledge any legal issues inherent in a conflict, yet encourage participants in a conflict to decide how and to what extent they want the law to dictate their decisions.
In Understanding-Based mediation, a mediator meets simultaneously with both parties and encourages them to work together. At the core of this approach is the power of understanding, which includes an understanding of the law as one part of the reality that parties need to take into account in order to be able to make decisions together. As the Center’s website explains, “…the goal is to educate the parties about the law and possible legal outcomes and to support their freedom to fashion their own creative solutions that may differ from what a court might decide.”
The Center offers residential weeklong trainings for lawyers, but does accept a number of non-lawyers. For more information about their training & philosophy visit The Center for Mediation in Law or call them at (415) 383-1300
Please feel free to contact me about mediation resources or any questions about mediation that I can answer to help you decide if mediation is a good option for your situation.