Mediation and Social Work Practice

Goals for Today: Examine the relationship of the principles of mediation to the principles of social work Understand the difference between mediation and other forms of conflict resolution. Learn which types of disputes can be effectively resolved in mediation, and which cannot. Steps in the mediation process Role of lawyer vs. social worker Exercises interspersed

In Social Work, there are fundamentally three streams of activity: The worker is the representative of the system. The worker is the representative of the person (e.g. advocacy). 3. Mediative, in which the worker is representative of neither system.

A Definition of Mediation Mediation is the process by which a neutral third party assists two or more people (or systems) in reaching a mutually agreed- upon negotiated solution to a conflict. The mediator uses a variety Of skills and techniques to help the parties, but not make decisions For them. Mediation is, in essence, negotiation with the addition Of a third person who is knowledgable in effective negotiation Procedures.

Why is mediation appropriate in social work? It is consistent with the philosophical under- pinnings of social work, insofar as a major goal is to reach mutually desirable goals. It requires a sensitivity to wants as well as needs. Mediation restores decision-making to parties, which is empowering. Creates a greater balance of power. The emphasis is on finding restorative solutions, rather than pure equity.

How is mediation different from arbitration, or litigation? Arbitrators have the authority to make decisions for the parties if no agreement is reached. Thus, it takes power and authority out of the hands of the disputants. Emphasis is on equity over client satisfaction Mediation can set up a framework for disputants to resolve disagreements in the future, while arbitration does not. Arbitration is more public

Conflict redress continuum Avoidance of conflict Informal discussion Negotiation Arbitration Judicial Legislative Private Semi-private (involves 3rd party) Public

Range of Contexts for Mediation: Divorce Parent-Adolescent Neighbor-Neighbor Customer-Merchant Business partners Adult children-dependent parents Landlord-tenant Farmer-Banker Client-agency Special education

What Social Workers Can Do: What Lawyers Can Do: Fashion written agreements in legal language. Lawyers are usually more qualified to discuss asset distribution. What Social Workers Can Do: Better able to get parties to talk to each other. Better trained in question, reflecting, and reframing necessary for parties to come to agreement.

When Does Mediation Not Work? Under certain circumstances, women fare less well than men: Child support levels are less in mediation agreements than in judgments after contested hearings. Victims of domestic violence are not as well served, nor are people in situations in which there is high discrepancy in “BATNA.” *

Making an Assessment Questions to address include: History (what has worked in the past? What hasn’t?) Will there be a continuing relationship? What are the personalities of the parties involved? What are their attitudes towards fairness and equity? What is the nature of the dispute? How important is this agreement to them? What is the likelihood of durability for any outcome?