Last week I introduced the concept of Preventive Mediation, that is, mediation to deal with the “what if’s” that can be the precursors of disputes. This approach brings issues to the table before parties become stressed and emotionally involved in a conflict.

 Here’s an example:

 A mediation involved two neighbors. One, who we’ll identify as “Fred,” had owned his home for more than twenty years and the other, who we’ll identify as “Yosei” had recently moved in. Their homes were on an incline with Yosei’s house above Fred’s. For as long as Fred lived in his home, there’s been one shared brick fence in the back yard. The front of the yard was grass with no boundary markings. For years each neighbor mowed their property without any issues.

 One year during an unusually heavy rain, water had flowed from Yosei’s back yard into Fred’s house, resulting in some leakage to his home. Fred decided to install a water barrier and had no further problems.

 But then one day Fred saw contractors in Yosei’s backyard. They were filling in the pool, removing the turf, and planning to cover the entire backyard with concrete. Fred was convinced this change to Yosei’s backyard would cause all rain water to drain directly into his yard and likely into his house.

Let’s look at possible outcomes:

It’s safe to say that eventually a heavy rain would cause damage to Fred’s home and before that occurs, he could ask Yosei to take steps to prevent it from happening. If Yosei refused, and a severe rain did cause damage to Fred’s home, he could sue Yosei for damages. Legal action would be expensive and negatively impact their relationship as neighbors.

Instead, Fred asked for Preventive Mediation. Because nothing happened yet, neither party was aggressive or defensive and willing to engage in the process to deal with the “what if” before the next heavy rain comes.

 With their mediator, the parties agreed that Fred could build and own a retaining wall on the edge of Yosei’s property to divert water to the street. Yosei also agreed to support a city permit so it would be done properly.

And as it would happen, within a few months after the wall was built, a heavy rain hit the area. But no damage occured because their Preventive Mediation session provided an effective solution.

Why do people agree to mediate?

Simply because they need help in solving a disagreement or problem. After all, mediation is a form of dispute resolution. It’s about working cooperatively to reach mutually agreeable solutions.

But should mediation be limited to only disputes? I contend we consider a new form of the process I call “Preventive Mediation.”

Mediators are trained to help people establish objectives and to help them with problem solving. Mediators are also trained to maintain a climate conducive to working together by thinking creatively. Lastly, they are trained to help people develop general agreements into specific defined and workable ones.

These skills make cooperative dispute resolution a reality for millions of people dealing with conflicts. But those same skills can help people avoid conflicts in the first place.

Here are some examples:

1.) Assume a successful family business. While things are going well, that may be exactly the time to work with a mediator to consider the “what if’s” of succession before that becomes an issue that can threaten family relations.

2.) A couple in their 40s recognizes that in a few years their parents may face the challenges of aging. While all family members are healthy, that is exactly the time to consider the ”what if’s” of the issues the family may face when the parents experience medical challenges.

In other words, the “what if’s” are the precursors of disputes. Preventive Mediation brings those issues to the table when the parties are not stressed and emotionally involved in a conflict.

Some may question if Preventive Mediation is simply facilitation. A facilitator typically helps parties be more clear in their communication without providing the problem-solving process a mediator does.

Preventive Mediation deals with the “what if’s” before they become destructive conflicts.