Two of your friends always seems to fighting about some trite issue, and you always seem to be called upon to patch things up between them. When a dispute arises at work, you instinctively jump in to smooth the situation. You feel that conflicts at home are best handled calmly, stating facts and feelings in an unobtrusive way, resulting in a compromise that everyone involved feels good about. You are an amateur mediator.
A professional mediator helps his clients to settle a dispute amicably instead of having a judge hear the case in a courtroom. According to the U.S. Department of Labor , a mediator (also arbitrator or conciliator) “facilitates negotiation and conflict resolution through dialogue [and] resolves conflicts outside of the court system by mutual consent of both parties.”(United States) The Princeton Review indicates that “ Lawyers, religious leaders, social workers, counselors, and educators are often called on to mediate. Judges and magistrates also play the role of mediator. Strong mediators have many possible professions open to them, including diplomats and politicians.”(Mediator) Mediation is a means to avoid litigation. Mediation allows parties to meet, voluntarily, to discuss and resolve issues outside of the claustrophobic walls of the judicial system. Final decisions are made solely by the parties involved and not a judge.
No official record of the meeting is made, and the discussions and results are not admissible if the issue goes to court. If the clients cannot agree on a resolution during mediation, the issue will be heard by a judge in court or dismissed by the parties. By removing courts and lawyers, however, parties are more likely to be happy with the outcome of their dispute and abide by the agreed terms. Generally, mediators are seen as trustworthy and neutral in contrast to their lawyer counterparts.
A mediator is an amalgam of psychologist, public speaker, accountant and lawyer. Understanding of social, cultural and religious practices and ethics are also important to being able to identify rooted issues in a conflict and mediate the negotiation processes most effectively. According to The Princeton Review, mediators often have bachelor degrees, plus experience, in one or more of the following disciplines: American history, American studies, counseling, ethics, history, human resources management, logic, occupational therapy, peace studies, philosophy, pre-law and/or public policy analysis. Most states do not require licensure or certification to practice mediation.(Mediator)
In the first two years of practice, The Princeton Review reports, a new mediator can expect to work on smaller, reputation-builder projects. In five years, handling larger disputes is not uncommon and international travel for work is possible. Ten years of practice affords a successful mediator opportunities to handle large corporate disputes and/or international peacekeeping missions. The mediation occupation “is expected to grow faster than average in the coming years.” (Mediator) Similarly, the U.S. Department of Labor reports a 10.6% increase of jobs available in this profession, projected for the 2006-2016 span.
Sources agree that a mediator's earnings and hours worked per week are average, compared to the national median. The median income of a mediator is around $50,000 per year. Mediators who practice in Illinois report substantially higher earnings, however. A 40 hour work week is typical as mediation does not usually require immediate emergency sessions to be called. However, in the rare instances, hours may fluctuate according to any specific needs a client may have. (United States, Mediator) Mediators charge their clients a substantially smaller fee, than lawyers do, but also make substantially less money. Paying a mediator to help solve an issue discreetly may force the parties to compromise but chances are high that a fair settlement will be agreed upon. Paying a lawyer to possibly convince a judge of what a client wants is money better spent elsewhere, in most cases.
A capable and just mediator will intervene to resolve a conflict between two parties without providing and legal or psychological advice, taking a party's side of the argument, or allowing unfair negotiation tactics to be used in the forum. A purely confidential and safe environment is provided to allow free communication between parties to most efficiently reach an agreed conclusion. Mediation often takes place in a conference room, private office or sometimes the mediator's home. It is unlikely that mediation is conducted on any party's “home-field” to limit undue stress, unfair negotiation, fear tactics or distractions. The most popular professional mediation publications, according to The Princeton Review, include AC Resolution , ABA Journal , National Law Journal and Conflict Resolution Quarterly . (Mediator) As with any practice-medicinal, law, beauty professions or otherwise- continuing education is critical to the professionals' success.
Ritually accessing information from the fore-named sources will subsidize information gained from affiliating with a local mediation association. An effective tool to yield an amicable result of a dispute, mediation can nullify the need for many disputes to be taken to Court. A mediator's private office or home is much more comfortable to talk about private disputes than in a stressful and unforgiving courtroom. Consequently, in the event that mediation does not prove effective in determining an agreed resolution, litigation may be needed. The task of facilitating possibly tumultuous or high-stakes disagreements is a challenge best suited for a professional mediator who is well-educated in a variety of social and judicial disciplines. Clients who thoroughly research mediation as a way to forgo court processes are in a great position to spend less money, create less stress and resolve their complaint on their own terms.
