London International Mediation Conference: Striking Similarities

Ninety mediators from 20 different countries met in London on September 10, 2009 in the first day of the International Academy of Mediators three day mediation conference. Surprisingly, we learned that mediators throughout the world, although implemented by different rules, face largely the same issues. Is the process a "case settlement" or a "mediation"? Case settlements, often conducted by former litigators or retired judges, focus on rights and remedies and resolve the case, but not the problem. Mediation (or reconcilliation) focuses on needs, empowerment, restructures perspectives or relationships and seeks to resolve the underlying problem. Is one process better? Is it a spectrum? Do "mediator's proposals" cause attorneys to "game" the mediator in future cases? Mediators from China, New Zealand, South Korea, Austrailia, France, Israel, Africa, Belgium, Canada, Germany, Scotland, Ireland, Spain, and the US are attending the rich interactive conference. We expected to learn that we are different. Instead, we learned that although we are at varying stages of maturity, we are more similar than we are different in our styles, approaches, and the issues we grapple with in our mediation practices. Cultural diversity is not only geographical, rather it is found in the same geographic location and requires astute observing and listening skills along with intuition to allow a mediator to understand what the parties truly need in order to assist them in resolving the underlying problem.