Therapeutic Mediation

Abstract

This paper explains Mediation which comes in the category of alternative dispute resolution (ADR), and its purpose. The function of Traditional mediation which is to open and improve dialogue between disputants only so an agreement can be settled upon has been defined. Furthermore Therapeutic mediation that has both a therapeutic mediator and an attorney mediator participating, as these cases are generally of high level conflict, has been discussed. In this piece issues have been identified that disputants have to face, following Traditional mediation and how Therapeutic mediation can be regarded as a more effective method for problem solving. In addition it has been discussed how Therapeutic mediation can be incorporated in our day to day practice. Which clients and disputants would benefit from Therapeutic mediation and which wouldn't has been elaborated. Evaluated mediation combined with Therapeutic mediation for best results has been proposed and legal and ethical issues that may be encountered during the course of Therapeutic mediation outlined. Finally the potential and future of this method has been covered.

Table of Contents

Traditional Mediation Verses Therapeutic Mediation4

Issues Encountered During Traditional Mediation4

Therapeutic Mediation, a More Effective Method5

Therapeutic Mediation Approach in Our Day to Day Practice or Job6

The Type of Clients Who Would Benefit From Therapeutic Mediation6

Type of Client This Method Would Not Work For7

Evaluation Mediation Combined With Therapeutic Mediation7

Legal Conflicts or Ethical Issues That May Be Encountered7

Future of Therapeutic Mediation8

References9

Therapeutic Mediation

Traditional Mediation Verses Therapeutic Mediation

Mediation comes in the category of alternative dispute resolution (ADR), and its purpose is to support and assist disputants, who voluntarily involve a mediator to assist in settling or reaching a negotiated, mutually agreed upon decision. The dispute may involve states, individuals, organizations, communities or other representatives with a vested interest in the result. Mediation can be useful in legal or diplomatic issues, workplace, community, divorce and other family matters and the process is strictly confidential.

The purpose of this traditional form of mediation is to improve dialogue between disputants only so, they can reach an agreement and settle. The mediator is to be seen as unbiased and neutral (GLR, 1995-2012).

Therapeutic mediation has both a therapeutic and attorney mediator participating, as these cases are generally of high level conflict. This form of mediation involves assessment and treatment to develop better and effective communication, determine underlying concerns and resolve conflict by reaching mutually acceptable decisions (McCorkle & Reese, 2005).

Issues Encountered During Traditional Mediation

In traditional mediation, dilemmas are dealt to determine who is right and wrong, and it is assumed that at least one party of the involved disputants is guilty. Emotions are regarded as a means to manipulate the court to obtain a specific outcome. Even though the disputant is encouraged to present their view it skips clarifying underlying concerns and the lawyers instead speak for their clients as they watch, creating more misunderstandings, resentment and defensiveness amongst the participants. Sides are represented as victim villain. This fosters denial of responsibility. This form is primarily for factual, monetary and legal issues. Delaying of court dates and unlimited motions and subpoenas ...