Monday, February 13, 2012
Mediators Vs. Lawyers
Being a good mediator requires a set of skills specifically geared towards Communication majors. Conflict mediation incorporates a number of themes from course work in Group Discussion, Interpersonal Relations, and Conflict in Communication classes. Having a background in these areas provides material for us to draw from if ever called upon to informally mediate a conflict.
As an example, from the Group Discussion course I took last year at West Valley, a key component of reaching a consensus is to first brainstorm for solutions. The phrasing for how mediators are to go about brainstorming sessions were identical to those which I was taught last year. Specifically, not giving feedback ( be it positive or negative) on the proposed solutions. Negative feedback will obviously shut a person down. Positive feedback, no matter how well intentioned, will influence the thought process of the group and interfere with the creative ideas brainstorming is meant to produce.
Lawyers are taught to think in terms of right and wrong, black and white. They ask, “Who is guilty?” and “How should they be punished?”, ignoring the more complex task of establishing mutual understanding and working towards a consensus. Put simply, it is always a “win-lose” issue, whereas mediation searches for “win-win” solutions.
- Ben
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Fellow WVC peer, hope all is well! As you point out in the Group Discussion class, not giving feedback on solutions is a main technique to mediation. However, in the American society we are quick to judge and have been conditioned to state our opinions about everything. Not only are we conditioned due to our culture in the United States, but also due to our technological advances in our society. This blog is a great example of those technological advances. We are all stating an opinion and it is out there for the world to see. Facebook is another great example on how we tend to always feel the need to state our opinions.
ReplyDeleteI agree that attorneys are taught to think it black and white or right and wrong. But what many people do not seem to realize is that attorneys have a fiduciary duty to put the best interests of their clients above all else. In fact, to not do so is cause for a malpractice suit with sanctions imposed by the American Bar Association which can include disbarment. And yet, many attorneys are practicing mediation in conjunction with their legal practice. I am curious as to how they manage the obvious conflicts of interests between the two approaches. Do you think that they have some legal form that states that they are functioning as a mediator rather than an attorney and are then excepted from the expectations of an attorney?
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posted 2/17 @ 12:43P
I really liked how you took exact classes from what we as communication have learned and taken and put it out there in this post. It’s easy to say yes we are good listeners and what not but, I like how you say group discussion, interpersonal relations and conflict in communication in this post. It gives a more clear understanding of what we as communication majors have to offer as being a mediator. I also liked how you said lawyers are taught to think in terms of black and white because that is very true. They do think in terms like that.
ReplyDeleteI fully agree with what you said about how lawyers go about mediating. I have a close friend whose father is a lawyer. Every time there is conflict in his household or between people he tries his best to go about solving the issue the same way he would go about it in court. Funny right, the way he attacks both parties that are involved in the dispute is the same way he would talk to defendants or prosecutors. Like you said, lawyers are trained to think in terms of right and wrong, or black and white. To me, the main difference between lawyers and communication majors who mediate is that with lawyers they try to seek the truth. While with mediators they try to seek a resolution that would best fit both parties and in the mist of that the truth, in most cases, comes out anyway.
ReplyDeleteI totally agree what you said about lawyers and the mediating phase about it. Lawyers are taught to give reason where they have to pick right and wrong. It is like the situations we have in our lives where they are rules which it is right and which is wrong. Mediators find a situation where there is a middle or compromise. It is more like situation where two people are arguing and the third person tries to handle each side of the story. Also, I remember taking the small group discussion and remember the concepts but it was little different because I took the class 3 years ago. Great post Ben keep up the great work.
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