Expert: Timmy Chou - 9/13/2004

Question
Dear Sir,

Thank for the clear answer and i would like to ask follow. I wanna as you whether Mediation is the most effective way to solve dispute diplomatically. or do you think is it negotiation or inquiry method is effective than mediation. Please advise me on this. Thank you

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Followup To
Question -
Dear Timmy Chou,

I have some question wanna ask u regarding the mediation. Any successfully cases handled by mediation ? if appriciate is you can give me the reference website or book. Thank so much
Answer -
Thank you for your question.

Mediators 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 very little professional structure exists for practitioners in most states.  Virtually anyone may provide services as a mediator.  However, licensure is offered in many states.

Nearly every state requires some training in order to be
licensed.  Interestingly, few states will forbid you to offer services if you are not state licensed.  For example, a sample of the Virginia licensure code is available here:

http://www.courts.state.va.us/tom/tom.htm

My experience is that effective mediators have taken advantage of some specific training because the role of a neutral facilitator is quite different.  Legal advocates 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).

The best online resources are found here:

http://www.mediate.com/

here:

http://adrr.com/

and here:

http://www.nova.edu/ssss/DR/resources.html

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/

Seminars on ADR are likely offered through law schools or through local court systems in your location.  

The truth is that it is very difficult to "start out" as a mediator or arbitrator.  Virtually anyone who gets into the field permanently as a career has come from some other field and is able to rely on related expertise.  Typically professors, attorneys, people with state department
experience, therapists, and consultants have the credibility and financial resources to make a career viable, but almost all of us begin mediation work relying on income from our primary expertise.

Some career paths are emerging in some states through local government and court systems.  These jobs are typically around court-ordered mediation for divorces, smaller business disputes, and often around victim-offender
mediation.  They are usually staff level jobs that do not pay tremendous salaries.  Some states and private foundations sponsor and fund quasi-governmental mediation "centers" in a non-profit model.  These are few and far between.

Numerous cases are successfully negotiated in mediation every year.  A successful mediation does not necessarily result in all parties walking away ecstatic, but I consider any case successful if the parties come to a resolution and aviod expensive litigation.  

Feel free to follow up with any other questions.

Good luck to you!

Answer
Mediation is, by definition, the use of special techniques and processes to assist the disputing parties to settle their own issues.

In this way it differs greatly from mere negotiation or any sort of inquiry or socratic process.  

Mediation, in my opinion, is more likely to lead to a conclusive resolution becuase the process is outcome focused and comprehensive.  Negotiation and other techniques may solve peripheral problems and still leave other issues unresolved.  

A mediator will assist the parties to negotiate rather than perform the negotiation on behalf of one party or the other.

Hope this helps.