1. Mediation and Social Work Practice

2. 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

3. 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.

4. 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.

5. 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.

6. 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

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

8. 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

9. 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.

10. 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.” *

11. 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?