by Jane Beddall on July 31, 2010
TV pilots cover a wide range of topics; some reach production and some don’t. One that caught my eye actually involves mediation. Backstage.com describes it this way:
Facing Kate (Drama, USA Network) A top litigator, frustrated with the bureaucracy and injustice she witnesses in the legal system, decides to become the ultimate anti-lawyer: a mediator.
A couple of things are interesting. First, someone thinks that mediators are the ultimate anti-lawyers. This notion might surprise more than a few people who practice both law and mediation (and maybe arbitration, too), as well as mediators who work productively with attorneys on a regular basis.
Second, what exactly would a TV series about a mediator show? Lots and lots of conversation, with few visible “gotcha” or “aha” moments? Thought bubbles in which the participants’ inner voices contrast with their spoken words?
Stay tuned, and keep an eye out for “Facing Kate”.
by Jane Beddall on July 25, 2010
Last time, I wrote about a New York Times article, by John Schwartz, “More Delicate Diplomacy for the Overseer of the Compensation Fund,” describing Kenneth Feinberg’s recent swing through Louisiana in his work as administrator of the BP claims fund. Feinberg’s work is often described as that of a mediator, which may be in a stretch in some ways.
But some of his work captures the essence of mediaiton. He knows, from extensive experience, about the pain of those who are making claims. As Feinberg put it in the article: ” ‘ If you are not willing to go into the lion’s den and confront the emotion and the hurt, you shouldn’t do it. ‘ “
I’d suggest that’s a man working as a mediator, not an arbitrator simply determining a loss and announcing an award.
by Jane Beddall on July 18, 2010
In yesterday’s New York Times, John Schwartz’s article, “More Delicate Diplomacy for the Overseer of the Compensation Fund,” described Kenneth Feinberg’s swing through Louisiana. Feinberg is handling the BP compensation fund, in much the same way as he has done before, following the 9/11 attacks and various mass tort situations.
As the article notes, even with $20 billion in funds, Feinberg is facing skepticism and reluctance to participate. I’m not sure if it is discouraging or reassuring that he is confronted with a common problem for mediators: how to get parties to the mediation table. Thus, he was “playing the role of salesman and politician.” We more ordinary mediators can often struggle to persuade parties to give mediation a try. Let’s hope that Feinberg’s latest high-stakes, high visibility mediation process helps to further illuminate why it can be in the parties’ own best interest to mediate.
by Jane Beddall on July 10, 2010
It seems a natural instinct for some (most?) people to try to avoid conflict. They will excuse bad behavior, wait for things to get better on their own (with no real reason for a bad situation to improve), engage in denial, learn to live with it,make unreasonable compromises, etc., etc.
Rarely does conflict avoidance lead to conflict prevention, conflict reduction, or conflict resolution. Instead, it can lead to conflict escalation. If you have tried conflict avoidance, and find yourself in a worsening situation, it might be time for mediation.