Mediation The dictionary definition of mediation is "to bring about agreement, peace, etc. between parties; to reconcile; to act as mediator." Relationships and reconciliation of relationships tend to be the cornerstone of victim/offender, family and other forms of mediation. The main principle underlying mediation is that the participants, with the help of a impartial third party or parties, will systematically identify and explore possible conflicting narratives. Broadly mediation is an agreement-reaching process in which the parties have opportunities to create an accord between them in a cooperative, voluntary and informed way. The scope of mediation is set by the parties in concurrence with the mediator. The mediator has no authority to determine disputed issues for the parties. There can be merit in seeking out independent legal and/or financial advice. For mediation to develop it is pivotal that frank and genuine communication between the parties and the mediator occur. The mediator may communicate separately with a party; the "caucus" will be confidential between the mediator and the individual mediating party unless they agree otherwise. Each party undertakes to fully and honestly disclose all data and writings as the mediator requests and all materials requested by any other party of the mediation if the mediator believes that the disclosure is relevant to the mediation. Written and oral communications which are linked to the mediation are strictly without prejudice settlement dialogue and are absolutely private and confidential. Mediation can be applied in a number of contexts including those linked to corporate, property, family law or human rights. The Foundation offers face-to-face and online mediation to those who may be in need because of challenges often associated with time and space. The director of the Foundation is a member of Alberta Family Mediation Society and The Association for Conflict Resolution. ____________________________ Online Narrative Mediation. A New Service Approach by the Director (PhD, BSW, MSW, MDED, MED, Master [Social Policy]). This article provides an overview of characteristics associated with mediation, narrative mediation and on-line mediation. The concept of online narrative mediation as a potential new service approach will also be introduced. It is the position of the writer that on-line narrative mediation (ONM) may be successful in managing conflict in some situations, so that litigation, which is an expensive process, is less likely to occur (Conbere, 2001,p.215). The choice of an approach in mediation may be based upon a number of qualities associated with “the person in the situation” and the mediator concerned. Biestek (1957, p.i) and James & Gilliland (2000, p. 609) refer to the significance of the mutual relationship between the person seeking assistance and the practitioner. Miley, O’Melia and Dubois (1998) suggest that the values and beliefs that professionals hold become apparent through their communication with the person seeking their assistance. (Schneider, 2002) states, “A mediator’s theory of what the parties want shapes the mediation from its very first seconds” (p. 11). i) Mediation Traditional methods involved in mediation include problem-solving approaches. These approaches are often not successful when significant emotion and irrational thoughts block problem-solving processes (Zaidel, 2002, p. 12). Winslade and Monk (2001, p. 35) indicate that some mediators have been disturbed by some of the postulates associated with problem solving approaches for some service recipients. There is a danger that the process of mediation may assist violent and domineering spouses to have power over more submissive partners (Fisher, 2001, p. 202; Maxwell, 2000, p. 161, Bush & Folger, 1994, p. 22). Online narrative mediation may assist professionals to develop more controlled and safer options in their work with individuals and groups. Narrative mediation may be more effective in what may be highly emotional situations involving domestic violence. This may be partly because focus seems to be more on deconstructing conflict saturated stories rather than analyzing the facts of the situation per se. ii) Narrative Mediation – The potential advantages Narrative mediation recognizes that conflict may be more associated with diversity rather than differing needs or interests (Winslade & Monk, 2001, p. 41). Narrative approaches have the potential to lessen conflict by reducing the need to find a scapegoat as the conflict is externalized. When individuals are in dispute there is a tendency to pathologise one’s opponent. When service recipients move beyond a deficit model of human functioning and consider conflict based upon conflicting stories as being an opportunity for growth meaningful change may occur. This process may help service recipients to change their attitudes and perceptions about failure in their relationships to one based upon success in developing a shared narrative (Zaidel, 2002, p. 12; Winslade & Monk, 2001, p. 5; White & Epston, pp. 39-42). By developing exceptions to the story conflict is less likely to be seen as being overwhelming. Rather than being passive participants in the conflict service recipients are encouraged to develop agency and to enrich their relationships (White & Epston, 1990, p. 65). Through the use of narrative approaches conflict is often seen as being manageable as opposed to being impenetrable. iii) Narrative Mediation – The challenges Narrative mediation suggests that the “facts” of a situation are partial and situated. Service recipients may have differing perspectives about the causes of conflict (Winslade & Monk, 2001, p. 41). White and Epston (1990, p. 163) suggest that they often ask service recipients to write their self-stories so that these are available to other professionals and service recipients to review. This sharing of stories may give rise to concerns regarding a possible breach of confidentiality. Before releasing stories to other professionals and service recipients it is important to ensure that informed consent is obtained from the relevant parties. Much merit can be gained by using computer-mediated communication as a tool to give voice to multiple truths and to map diverse conflicts (White & Epston, 1990, p. 2, 61, 77, 81, 126, 163). iv) What is On-line Mediation? Online dispute resolution (ODR) is linked with mediation that occurs mainly online. Katsh & Rifkin (2001, p. 3) indicate that the Internet can provide a space to manage conflict. To be able to manage changes brought about by increased computer-mediated-communication there have been developments in conflict management, legal theory and practice in relation to on-line disputes (Centre for Information Technology and Dispute Resolution, 2002). ODR builds upon these developments and can be applied in such settings as further education and training, peacekeeping, human rights, E-Commerce, corporate, organizational development and administration. Katsh & Rifkin (2001) postulate that through the use of computer-mediated communication the mediator as a “third party” can be assisted by a “fourth party” that is technology itself. v) On-line Mediation – The potential advantages Computer-mediated communication has enabled professionals involved in mediation to discuss issues associated with the application of technology to inform practice (Katsh & Rifkin, 2001, p. xiv). It is hypothesized that by enhancing the practice of conflict management through the use of technology and multi-media there may be potential for service recipients to receive timely support. Research has indicated that many approaches involving conflict management ultimately lessen incidents that may lead to litigation by developing collaboration, the sharing of information and flexibility. Much of ODR occurs at a distance (Katsh & Rifkin, 2001, p. xiiv). Conflict management may enhance professional competency. The Alberta College of Social Workers (2003, pp. 1-2) links competency with the balancing of understanding, aptitudes, values and judgments. The College reinforces the need for continuing competency through reflective thinking and lifelong learning. Conflict management may advance the aims of social work. These aims include promoting the interests of individuals and groups alike. These aims are not isolated to social workers and would be representative of many professionals involved in human resources. ODR transcends the challenges posed by meeting face-to-face such as traveling significant distances to meet with professionals and recipients. Computer - mediated communication may provide an opportunity to build creative communication. Professionals and service recipients may communicate in a number of innovative ways through text, hyperlink geometry and audio messages (Judge, 1997). These communications can be reviewed at any time. Advantages associated with ONM for those who have access to technology, the appropriate attitudes and the knowledge to use the computer may include: 1)Being serviceable 2)Anonymity 3)Autonomy 4)Choice 5)Prompt access 6)Resource effectiveness 7)Management of dependency issues 8)Availability of a pool of professional expertise throughout the world 9)Availability of a broad spectrum of services to address the needs of the whole person 10)The potential to overcome "the tyranny of distance" 11)A proactive potential James & Gilliland (2001, pp. 85-87) suggest that telephone crisis lines have similar benefits to those mentioned above. Given the nature of the person in the situation ONM may be enhanced through the use of telephone conferencing. Online mediation may enhance the power of narratives. Service recipients may be given an opportunity to reflect upon written comments that they have made in the process of online mediation. Through this process service recipients may be in a better position to identify the gaps in the conflict-saturated stories. This process may lessen social and psychological pathologies that may eventually escalate to incidents involving lethal behaviors. vi) On-line Mediation – The challenges Key challenges for professionals involved in ODR include developing an appropriate blend of suitability, ease of access, trust and expertise to assist service recipients who are in conflict. One of the most important ethical principles to guide mediators involved in ONM is non-malfeasance. It is essential for the mediator to honour his/her fiduciary duties to service recipients by assisting them to develop personal agency. Not all professionals and service recipients have access to technology or know how to use the technology. Individuals and groups require skills and appropriate attitudes to use technology with success. Often good literacy skills and abstract thinking are required to develop a shared narrative in virtual space. ODR has allowed traditional barriers of space and time to be transcended through the use of the World Wide Web. ODR may have a shadow that can lead to the further economic, financial, vocational and educational subjugation of disadvantaged groups in society. The main focus of this article has been to create a sketch of characteristics associated with mediation, narrative mediation and on-line mediation. The concept of online narrative mediation as a potential new service approach was also introduced. One of the contributions of this article to distance education and training may be to lend greater precision and expansion of terms in what is a rapidly evolving field. Professionals involved in human resources can make a difference and enrich the societies in which we live. ONM is a potential new service approach to assist professionals in their practice with some service recipients. ONM is not an approach that will be suitable for all situations involving disharmony. ______________________________________ vii) References Alberta College of Social Workers (2003). Continuing Competence: A Journey of Lifelong Learning. An Introductory Handbook for Alberta’s Registered Social Workers. Edmonton: Alberta College of Social Workers Biestek, F.P. (1957). The Casework Relationship. Great Britain: Loyola University Press Bush, R.A. B. & Folger, J.P. (1994). The Promise of Mediation. San Francisco: Jossey-Bass Publishers Centre for Information Technology and Dispute Resolution (2002). Linking Information Technology and Dispute Resolution. ADR Online Monthly. http://www.ombuds.org/center/adronline.html Conbere, J.P. (2001). Theory Building for Conflict Management System Design. Conflict Resolution Quarterly. 19 (2) Fisher, T. (2001). Advice by Any Other Name. Conflict Resolution Quarterly. 19 (2) James, R. & Gilliland, B. (2001). Crisis Intervention Strategies (4th edition). Belmont, CA: Wadsworth/Thompson Learning. Judge, A.J.N. (1996). From Information Highways to Songlines of the Noosphere. Global configuration of hypertext pathways as a prerequisite for meaningful collective transformation. Brussels: Union of International Associations http://www.uia.org/uiadocs/songline.html Katsh, E. & Rifkin, J. (2001). On-line Conflict Management. Resolving Conflicts in Cyberspace. San Frisco: Jossey Bass Maxwell, K.E. (2000). Preventative Lawyering Strategies to Mitigate the Detrimental Effects of Service Recipients’ Divorces on their Children. Practicing Therapeutic Jurisprudence. Law as a Helping Profession. Carolina: Carolina Academic Press Miley, K.K, O’Melia, M. & DuBois, B.L. (1998). Generalist Social Work Practice. An Empowering Approach. Boston: Allyn & Bacon Schneider, C.D. (2002). Book Review. Family Mediation News (Spring), 10 -12 Winslade, J. & Monk, G. (2001). Narrative Mediation. A New Approach to Conflict Resolution. San Francisco: Jossey-Bass White, M. & Epston, D. (1990). Narrative Means to Therapeutic Ends. New York: W.W. Norton & Company Zaidel, S. (2002). Family Mediation News. US: Family Section. Association for Conflict Resolution _________________________________ There are different approaches to conflict management that are often based upon the situation of those in need and the values and skill set of the mediator involved. In most approaches to conflict management responsibility is placed on service recipients and in this sense they are ideally assisted to be self determining. These approaches are often based on the premise that conflicts are best managed through agreements made by partners themselves. Nowadays, mediation is very often seen in the context of family. The concept of mediation in marriage separation, divorce, child custody and access disputes, and property and assets division is supported by many social workers, human resource workers, lawyers and the judiciary, to name just a few. When we have been speaking with people with differing professional backgrounds we found out what mediation meant to them. A community worker said that mediation is "parties coming to an agreeable solution to a problem together." A financial administrator indicated that mediation is where "an unrelated and unbiased person aims to assist two parties through a process towards agreement." A planner and property manager commented that mediation is "a conversation between disputants facilitated by a neutral third party (could be more than 1 person) with the aim of building understanding between the disputants so as to empower them to find a mutually beneficial solution." It should be remembered that marriages may end, but families carry on. Seemingly, nobody marries with the intention of separating or divorcing. It is recognised that children can be severely damaged by the separation of their parents, as indeed can the parents. Using the full legal system will inevitably cost a great deal of money and it is not uncommon for both partners to be paupered in the process.There is a role for the litigation process in some situations and this process can be therapeutic. Please remember that your children have the right to openly love both of their parents without disapproval from either. The route of conflict management will entail using the services of a trained mediator who is ideally a member of both national and provincial professional organizations. Mediators will ideally be impartial and will assist both your spouse and yourself in reaching a compromise resolution. For some time, due to our interest in managing differences, we have been fascinated in the interrelation between preventative law and approaches in conflict management such as mediation. Mediation is not counseling and this must be borne in mind throughout the process. Please ask about other areas appropriate for mediation & conflict management, such as:
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