I'm often asked if the disputes on the various court television shows are real. Well, they are. In fact, I and other mediators I work with have seen people from one of our mediations later appear on one of these types of programs.

While procedures may vary from one court TV to the next, I can relate the experiences those who appeared on such shows have shared with me and other mediators.

Many of the cases on court television are actually small claims cases. One divorced couple had a case pending in Small Claims Court. Their dispute was over expenses and income from a jointly owned rental property. After filing papers in Small Claims Court each received a Federal Express delivered letter to their homes. The letter was from the producer of one of the nationally distributed shows.

The letter stated in bold letters that if their case was selected that "YOU CAN’T LOSE" since they would pay any awards, including travel and lodging costs to the city where the show was taped. As an added benefit the letter suggested that an appearance would possibly prevent having “your credit ruined for years to come arising out of this case.”

What the letter didn’t explain was that both parties must agree that the proceeding will not be a trial, but rather that the judge would serve as an arbitrator. Many people don’t understand that in arbitration a neutral third party typically hears arguments and renders a decision. As an arbitrator, the “judge” is not necessarily bound by strict rules of evidence nor past cases or laws.

As the divorced couple who received this letter told me, they had to compare a free out-of-town trip and the uncertainty of a television judge deciding their case in a few minutes time before a national audience versus appearing in Small Claims Court and working out an agreement together in private with a mediator. They decided to use mediation and, in fact, worked out an agreement in short order.

I have met with people who have been referred to mediation who ask to have their case heard by the Small Claims Court judge. They tell me they’ve seen enough court TV shows to know how the courts work, as have I, which is one of my major concerns about these programs. They are not real. As one court television producer told me, “Professor, it’s entertainment; it’s not supposed to be real.”

Francisco works for a large internet retailer with warehouses throughout the country. Near where he clocks in daily is a bulletin board. One day he noticed an opportunity for employees to volunteer as on-the-job mediators. Francisco had an interest and signed up. He was accepted in the program and completed a 5-hour training course that included videos and exercises.

Shortly after an employee was accused of stealing. Even though there was unquestionable video evidence, the employee implicated another employee who was his friend. The facility’s Human Resources manager scheduled the two employees for a mediation session with Francisco.

Francisco had never seen or met the two parties and had no knowledge about the accusations.  He began the mediation with a brief introduction of himself and a brief statement of how the process of “quick mediation” works. He stressed that time spent was critical since management wanted them back working on the floor as soon as possible. Basically, he explained he would guide the two employees in a process to resolve the issue as quickly as possible.

After that brief introduction he let both employees take turns speaking and then helped them find a solution. In this case, the employee who was charged with stealing admitted his offense and apologized for implicating his friend.  Francisco then had them both sign a document stating that they participated in the mediation. He then reported back the resolution to the HR manager.

Employees support this workplace “quick mediation” as it offers them an opportunity to settle arguments without formal hearings and possible terminations. The volunteer mediators find that the process gives them new ideas and new perspectives on what employees go through on the job.

I am a major advocate for this type of workplace mediation and train employees to be workplace mediators. Workplace disputes are detrimental to the climate at work and adversely affect the bottomline. Surveys have shown that employees want help from management in dealing with such disputes. Yet most managers feel employees should deal with their own disputes or feel they don’t have the time or skills to intervene. The program I described above is simple, inexpensive and successfully deals with workplace disputes. It can be easily done.