Thinking about the Future of Mediation

I participated in an excellent conference yesterday for the Southern California Mediation Association, "Expanding Horizons, Expanding Opportunities" during which Keynote Speaker, Woody Mosten invited us to consider the state of mediation in 2030. It was an exciting dialogue with ideas ranging from a "Public Mediator" corps, similar to the Public Defender's office to an emergency line, where the first call in case of conflict would be to a local mediator. I was also made to consider that the "Elders" of the future will be those who fought for civil rights in the 60's and may well entertain engaging in more inclusive, collaborative processes than the elders of the last generation. Catching up with lots of colleagues and friends at a spectacular setting out in Malibu made for an invigorating, motivating day. Kudos to SCMA and all of the presenters and planners for an exceptional professional conference. P.S.: If you missed my presentation on Mediation, Ethics, Neutrality and Confidentiality, which I renamed "Dirty Little Secrets", send me an email and I'll fill you in.

Does Staying Neutral Require Staying Up in the Air?

I went to the movies last night and saw "Up in the Air". There were so many messages for a mediator, I'm still trying to process them. The story revolves around George Clooney's job flying around the Country to terminate people from their employment for Big Co. He does his best to re-frame the moment into an opportunity and indeed, seems to succeed at finding the one passion or interest in the person's past that was set aside for all the years of his/her employment that truly drives them. Through a brief, but ever so personal interaction, he attempts to give them hope that their future may be brighter than their past. It is a technique we mediator's call "re-framing" and most of the time, when it's done with thoughtfulness and sincerity, it works to help people accelerate acceptance of a less than optimal result.

Enter a very young Cornell alumna who seeks to revolutionize this business by terminating the employees via Skype. It sounds a little like internet based mediation to me. (I never understood that either). She uses the same approach (even the same lines), but this time is one step removed. NEUTRAL! She makes no personal connection and remains "Up in the Air". On the interpersonal level, both the Clooney character and the attractive young woman find they are unable to make or maintain genuine personal relationships. Their "up in the air" status precludes them from finding a center or home that is meaningful to either of them.

And so it brings me to wonder whether being neutral actually requires the proverbial being "up in the air" (as in not taking sides) or whether it's possible to be bi-lateral instead--meaning human and empathic towards both sides of a controversy.

I really enjoyed this movie and recommend that if you see it you consider these underlying issues...