Find Mediators Near You:

Few Words to the Newcomers

Kluwer Mediation Blog

In mediation training and experience are key words that path the way to success. Good mediators must learn to be conscious of their own emotions and to be aware of the emotional reactions of mediation participants to intervene effectively in a conflict.

When starting a mediation career one could believe that access to training and education would be enough. A young mediator could gain the necessary knowledge by, for instance, following a few simple steps:

– Take a mediation course and get acquainted with the theory, the process, techniques and difficulties;

– Read a list of the basic literature, including Getting to Yes by Roger Fisher & William Ury and Difficult Conversations by Douglas Stone, Bruce Patton, and Sheila Heen, to have contact with the language, jargons and cases;

– Attend the most important conferences to be aware of the new findings in the profession;

– Make a self – evaluation of goals and skills.

Gaining access to training is a relatively easy step. Accumulating experience, however, has been proven to be challenging. Acquiring experience and confidence through demonstrations, role plays, and mediating as a volunteer under the supervision of more experienced professionals are probably the best ways to get started.

Research conducted by LORI S. SCHREIER in 2002 indicated that, in general, mediation trainers rated, in most mediations, emotions higher in importance than substantive issues.

According to this same survey, “Close to half of the respondents, including two-thirds of those with the most experience, thought that mediation training does not sufficiently teach how to address the parties’ emotional reactions.”

Moots are also a good way to give opportunity to the newcomers to advance their skills of thinking strategically, working under pressure, and handling the emotional reactions of the parties, while gaining access to more experienced professionals. It provides the opportunity to experience mediation and mediation representation in a safe environment and to test the inexperienced mediators’ skill set. In the moots, making mistakes in mediation has no practical consequences, and, therefore, constitutes a learning opportunity.

It can also be instrumental in the building of strong professional networks that may yield not only more knowledge and experience, but also referrals and professional contacts.

In short, moots represent a unique opportunity for students to profit from the experiences of professional mediators, and, therefore, address two of the main challenges in the mediation profession: training and experience.

I was recently selected to participate in the mediation moot at the Mediation Week from the International Chamber of Commerce next year in Paris.

The Competition is the world’s only moot dedicated exclusively to international commercial mediation and gathers teams from business and law schools, as well as renowned mediators and professionals from around the world. 66 universities with teams from 32 countries and 96 Professionals from 24 countries will be represented.

This is the first time I attend this competition and I am excited about the opportunity to be able to meet and interact with other mediation practitioners, and students, to exchange ideas, worldviews and, of course, make new friends.

Perhaps the most valuable experience in this event is the possibility to interact, in just one week, with a number of mediation practitioners coming from diverse cultural backgrounds, with different native languages and being inserted in different legal systems. All these variables challenge the mediators in the effort of finding harmony and balance diversity.

                        author

Andrea Maia

Andrea Maia is a proven performer, capable negotiator, and strategic thinker with a solid experience and academic background in law, business and conflict resolution.  Sixteen years of experience in Corporate Law, covering a variety of industries such as Aviation and Banking, either as a Corporate Lawyer in large organizations such… MORE >

Featured Members

ad
View all

Read these next

Category

Take Five! – How Adults Can Benefit From A Time Out

Texas Conflict Coach Audio Blog by Pattie PorterA time-out according to Wikipedia, “Is a form of behavioral modification that involves temporarily separating a person from an environment where unacceptable behavior has occurred.” It...

By Patricia Porter
Category

Covid Exasperates Issues Between Co-parents About Agency

Covid-19 certainly does exasperate the challenge of co-parenting post-separation. Co-parents regularly face a number of stressors related to their interpersonal interaction, but also to their individual circumstances and life. Before...

By Aaron Leakey
Category

Common Ground

From the Blog of Phyllis G. Pollack.       The other week, my blog discussed the Thomas-Kilmann MODE Instrument that is used to assess how individuals confront and handle conflict. One of...

By Phyllis Pollack
×