Expert: Timmy Chou - 2/20/2010

Question
Hi Timmy Chou,

Would you be able to offer more information on Peacemaking Mediation?

I would be very grateful for your input.

Kara.

Answer
Thank you for your question.

Sorry for the delay, the system informed me this morning of your question.  

Mediators, as you know, are trained in specialized facilitation skills and work to bring disputing parties together to work out solutions.  They specifically do not advocate any position or try to persuade parties to do one thing or another, but they typically will work to identify the core issues underlying disputes and try to craft creative solutions.

The ADR profession is still really in its infancy and only primitive professional structure exists for practitioners in many states and provinces.  Often, virtually anyone may provide services as a mediator.  However, licensure is offered in many states, some with training requirements and others merely requiring the oversight of another licensed mediator for a time.  Interestingly, few states will forbid you to offer services if you are not state licensed.  For example, a sample of the Virginia state (USA) mediation code and rules is available here:

http://www.courts.state.va.us/drs/main.htm

My experience is that effective mediators have taken advantage of some specific training because the role of a neutral facilitator is quite different than that of an advocate.  Lawyers and therapists may have to retool their natural professional approach and behave in some counter-intuitive ways.  Quite a range of training is offered from Master's degrees to specific certificate training (such as ADR in health care settings, for example).  It is not necessary to go to law school to be an effective mediator, though many lawyers offer mediation services (and many have really no specific training to do so).  ADR is offered in certificate programs and undergraduate schools and graduate schools.  

The best online resources are found here:

http://www.mediate.com/

and here:

http://adrr.com/

Other excellent information resources may be found at these professional organization sites:

American Bar Association:

http://www.abanet.org/dispute/home.html

American Arbitration Association:

http://www.adr.org/

Peacemaking is a specialized form of mediation that focuses more on political or relationship goals, and less on business or monetary goals.  A peacemaking mediator is more of and "activist" participant in that there are active efforts to actually achieve "peace" and or respectful relationships.  In this sense it is more like therapy.  Often this work is conducted between groups (companies, advocacy groups, countries, etc.) and is much tougher to accomplish as the personal stake is often removed or hard to quantify.

Remember that the primary skill sets of excellent mediators are not primarily the same skill sets of attorneys per se, but are the skill sets of reading, interpreting and facilitating interpersonal dynamics since the mediator is not solving disputes but only facilitating the parties to solve disputes--a critical difference.  These skill sets are more easily acquired in training as a counselor or therapist.  

Feel free to follow up with any other questions.

Good luck to you!