WHY PEOPLE WANT TO LEARN MEDIATION SKILLS

As I’m about to start a new class for mediators, I’m always curious as to why people want to learn this skill. 

I took the time to review several sets of applications and from that limited sample noticed some trends. 

Attorneys taking the course who did not have such training during law school, generally take it to add mediation to their practice. 

By comparison, non-attorneys have a broad range of reasons:

  • Many work for a public service agency and have some idea of what mediation is and feel having these skills would help them better serve their clients’ needs. 

  • Some work at various businesses, and while they are less likely to have an understanding of what mediation is, they’re motivated to learn dispute resolution skills that can be applied within their company. 

  • A small number are taking the class as the first step in seeking employment or a career in some aspect of dispute resolution. 

  • And several are looking for volunteer opportunities. Many will volunteer in Small Claims Court mediation programs to serve their communities. I remember a retired police detective in his third year as a volunteer told me he would pay for the opportunity to do so. He felt as a mediator he was doing more for his community than he had for years on the force. And, as he said, “You can only play so much golf.” 

I also reviewed the end of class evaluations to see if people felt they had met their objectives. One told me he loved the class but realized he could never be a mediator “because I can’t stop telling people what to do.” 

Almost all commented on how they immediately applied mediation skills to their family disputes and for that alone the class was a positive experience.

Peter Costanzo
How Mediation Provides an Open and Honest Forum

A neighbor/neighbor dispute went to court and then to mediation.

One neighbor was suing the other for medical expenses from a dog bite. The suing neighbor was in his back yard with his two young children when they heard, then saw the neighbor’s dog trying to get under their fence. The man ran to the fence and tried to stop the dog from coming into his yard by pushing it with his hands and in so doing experienced a serious dog bite. 

But the owners of the dog saw the incident differently. Having lived in their home for decades, they were alone, as their children had all grown and no longer lived with them. The dog owners felt the neighbors had been standoffish and unfriendly with boys who continually pestered their dog, which was a small toy beagle. In a private caucus during mediation, they admitted the dog was considred family and were very afraid this incident would result in losing yet another family member.  

While we can’t predict what a judge would have done, it’s a reasonable guess the outcome would have resulted in favor of awarding the medical expenses for the man who was bitten. But we do know the outcome of the mediation because several hours in the neighbors shared their feelings openly. Their agreement was to cover medical costs and share expenses to improve the fence. The parties later told the mediator they became involved in each other’s lives by watching their homes while either was away and even got together for cookouts. 

So, what made such change possible? The neighbors just needed the safe forum mediation provides to share their feelings openly and honestly.

Peter Costanzo