Although today’s society appears to be increasingly litigious, the public’s distrust of the legal system and those working in it remains constant. Some people see the legal world as impenetrable; different and separate to the real world. The good news is that this may all change in the next few years, thanks to an upcoming revolution in the legal process – mediation.

Many people are unhappy with our current legal system. Obviously, when the law is supposed to support and protect the lives of ordinary people, this is a worrying trend. It is possible that today’s legal students can expect to deal with many of their future cases in the mediation room rather than the courtroom. Mediation, already hugely popular in the United States, is a form of alternative dispute resolution (ADR) – as in, an alternative to the stress and constraints of battling it out in the courtroom. And it’s a process that puts responsibility, decision-making, involvement and trust in the hands of the people.

The set-up is a basic one; the participants – renamed from the more combative ‘litigants’ of the courtroom –sit together or in separate rooms. They may choose to have a lawyer with them or some other advisor or friend. Pulling the process together is the mediator, who sits with the participants and helps them to come up with a way of settling their disagreement. Whilst any lawyers present are there to proffer their advice and guidance, it is up to the participants to think of ways in which they may be satisfied by a resolution.

Avoiding court
All discussions with the mediator are done so in absolute confidence, and, vitally, the mediator is not there to judge or advise. He or she is merely a facilitator, a ‘ghost’ during proceedings. The mediator helps the participants to explore their situation, their options and possible ways forward through specialised techniques. Throughout, the power lies with the participants; so if a settlement is reached, they own it entirely as they have created it, and everybody should be happy with it.

The process can be applied to various disputes, from commercial to family. In some areas of the United States, the process is even used in family child abuse cases in order to mediate between the perpetrator and the victim. Controversial, yes; difficult, yes; but certainly a testament to the adaptability and accessibility of the process.

Jonathan Dingle is a barrister, mediator and honorary secretary of the CMC. He says that mediation is popular not just because it allows participants to reach a settlement quickly, but because it allows them to find solutions which would not be discussed in a courtroom. He explains: ‘Mediation allows participants to reach a settlement in a creative way. You can choose what sort of result you want and then you own it. When you add in other factors such as cost saving, you can see why mediation is such a powerful process.’
Such an example might be a dispute between an employee and a boss over perceived misconduct and sacking. A mediation can help both sides reach a solution with terms and conditions that might not stick in a courtroom but that will mean more to both sides than any legal technicalities would. For example, the boss will offer the employee their job back if he receives an apology. The employee asks for some back pay, but will accept some advance wages instead. Because both sides are given a valuable chance to really express their feelings, the heart of the matter can be accessed, and negotiations and solutions created out of that.

Additional benefits
Lawyers can benefit from mediation training, either to better understand the process or to practice as mediators themselves. Although you do not need a legal background to become a mediator, some lawyers do work as both. Tomorrow’s lawyers certainly need to get on board though as mediation looks to be the way forward. Dingle says: ‘Law students should learn about mediation now if they want to get ahead. Ignoring the process of mediation in your practice would be like choosing only to use landlines and ignoring mobile phones.’

Even non-lawyers are already ahead of the times. Primary schools across the country train pupils up to be playground mediators; young children are using mediation techniques to settle disputes between their classmates with great success. However adults wishing to become mediators will have to wait a few years until they can work full-time; Jonathan estimates that it will take us about ten years to catch up with the level of mediation present in the States. He says: ‘By the time today’s legal students are in their 30s there will be plenty of career opportunities for mediators.’

However if you want a second career or want to take on voluntary work at this moment in time, mediation could be the perfect choice. The London School of Mediation currently trains just under 120 people a year, 60 per cent of whom are non-lawyers. Around half of those will go into practice, joining the 3,000 active mediators currently working in the UK. And there are actually 10,000 trained mediators across the country; it’s a skill that is utterly transferable and can be used wherever negotiation is key.
 

Louise Scodie
Louise Scodie is a freelance journalist, comedian and broadcaster and is a regular contributor to BBC Radio. She has also undergone mediation training.