Mediation Musings

I am a little frustrated and I want to share what is challenging me right now. Maybe you can help.

I recently attended a national meeting devoted to Alternate Dispute Resolution (ADR). In attendance were practitioners from all over the US and some other countries. We were eager to hear the research from those at the University of Nebraska in a presentation entitled "What the Public's Lack of Understanding of ADR Means."

I've been involved in this work in various capacities since the 1980s. Approaching my 40th anniversary as a mediator, I was hoping the research would show we had gained some ground. Nope.

The study indicated that the population is overwhelmingly confused about what mediation is. People have no idea that our principles are confidentiality, self-determination, voluntariness. They don't know that mediators are neutral. They confuse arbitration and mediation. They do not know that the settlements we help participants to reach are very highly successful. With about a half-century of work in alternative dispute resolution, people in the US generally don't have a clue what we do.

The discussants pointed to the difficulty of showing the process of mediation through popular media. "Everybody knows the excitement of the courtroom dramas," said one, "but what are you going to show to help people believe in mediation––'After twenty minutes, John began realizing that what Sam was saying had merit and reconsidered his terms and demands'? Its not a very photogenic process."

Can you help talk about mediation? In recognition of 2021 Annual Conflict Resolution Week (October 18–24), it seems like a great time to start chipping away at the public's lack of knowledge. It is good to know that members of our supporter community are out there spreading the word. We have a long way to go.

— Sara Barnes, Executive Director


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