Attorney Robert Hall is applying his vast knowledge of the insurance business
to the field of mediation. But he's careful when applying his law background.
"Some lawyer skills are useful to a mediator, but some are counterproductive
to the mediation process. Lawyers can be assertive, judgmental and aloof from
the personal aspects of the dispute, which can be a negative," says Hall.
"Lawyers tend to want to tell people the proper means of resolving the
dispute, since that is their training and experience. However, the role of
the mediator is not to impose a solution on the parties, but to facilitate
the parties to resolve their own dispute. If the parties are happy or at least
satisfied, it doesn't matter that the mediator might have reached a different
settlement."
What types of skills are necessary to be an effective mediator? "Stamina
is one necessary skill since the sessions can be very intense. Empathy is
necessary not only to gain the trust of the parties, but to best understand
what's going on beneath the surface for people who are under significant stress.
"A very important skill is the ability to move around apparent impasses
and develop new ways to approach an issue which will continue to move the
parties toward a solution. A good mediator must know when to provide a reality
check to unrealistic parties. Finally, a good mediator must be able to encourage
creative problem solving through integrative bargaining."
Though he enjoys his career, Hall acknowledges that being a mediator is
hard work. "In mediation, one is struggling to get the parties to reach a
compromise. The parties may be angry, recalcitrant [obstinate], and out of
touch with reality, but they are the ones who must reach the compromise, regardless
of what the mediator thinks should be done."
Hall feels mediation is a growing field as litigation becomes too costly
and time-consuming. "In addition, many people realize great satisfaction from
helping people solve their own problems in a relatively efficient fashion,
and getting on with their personal and business lives."
Divorce mediator Sharon White got into mediation because she feels it has
the potential to provide healing for the couple. "What couples fail to understand
when they get divorced is that they will have to communicate to the parent
of their child until the child is an adult. Mediation can provide the environment
for the couple to begin to communicate for the sake of the children."
The law firm where Lisa Eisen works is a traditional firm that deals mostly
in litigation work. The firm also provides alternative dispute resolution
training.
"We provide training both to the general public as well as to organizations
who ask us to come in and provide training in-house for their people. We train
people how to negotiate and how to mediate," explains Eisen.
Mediation can be used in any industry, from business and health to insurance,
in both the public and private sectors. It can be used internally within an
organization to handle disputes between employees, between a manager and an
employee, or between union members.
According to Eisen, the mediator doesn't solve the problem for the parties.
"The mediator is there simply to facilitate the process and to help the parties
in conflict negotiate with one another. It helps them learn about communication,
helps them identify what it is they need and want, and helps them to join
together."
Though the hours can be long and hard, with night and weekend work, Eisen
enjoys her career. "It's very satisfying when you can help people see whether
there's something workable. The beauty is that the parties and participants
in the mediation come up with a solution on their own."