Mediators attempt to create a safe and constructive environment to encourage the disputants to communicate, cooperate, and work out their own mutually satisfying solution. Communication majors are trained to communicate without being judgmental, to be good listeners, and exchange information without misunderstandings which gives them an upper hand to be better mediators over lawyers and psychotherapists. Moreover communication majors as mediators have to practically implement the conflict management skills that they have already learnt in undergraduate interpersonal communication and conflict management courses. As against Lawyers are trained to fight for justice from the side of their client, so their justification of the case is always biased to one side. In the same way, psychotherapists also try and work to resolve the issue from their patient’s perspective.
Mediation is one alternative to what is called as dispute resolution in private because negotiation takes place among two parties in the presence of a third party mediator, while if the dispute goes to the court, it gets disclosed to the public. The process of mediation does not take as long as courtroom cases to resolve the disputes because lawyers are abided by the constraints of the courtroom hearings. Lawyers cannot represent their party unless the court schedules them whereas mediators can personally schedule the mediation dates and settle the matter faster. Physiotherapists are also tied by the number of consultations required by the patients, which cannot be defined by any time limit.
All in all, lawyers and physiotherapists cannot be good mediators because their niche is to cater to the dispute from their client’s side, while communication majors are competent to settle the disputes by being an unbiased third party.
I liked the way you summed up that it was difficult for lawyers and psychotherapists to mediate because “their niche is to cater to the dispute from their client’s side.” That really is the essence of what would make it difficult for them to be effective mediators.
ReplyDeleteI believe as many learned skills as communication majors may have going for them such as the ones you listed: non-judgmental communication, good listening, and conflict management, it would still be quite difficult to be a good mediator.
To be an effective mediator requires not making or at least ignoring one’s own assessment of the situation and the people involved, and facilitating conversation between the two conflicting parties so that they can work out their own mutually acceptable agreement. I think it must take a lot of effort to be neutral, not take sides, and not propose a solution when the mediator is used to having and expressing his or her own opinion.