What mediation means to me

By Joanne Claypole, Practice Manager IPOS Mediation

Working in the mediation sector for me, is all about interpersonal relationships. The various connections that are established in the mediation process are at the epicentre of everything I do.

Those connections include the human relationships between;
- Client and lawyer
- Lawyer and mediation service provider
- Lawyer and mediator
- Mediator and mediation service provider
- Mediator and client
..and the list goes on.

These various relationships may well be short-term, but the power of these relationships stems from their reciprocity.

At the heart of the interaction is the willingness to converse in good faith. Defined as the, ‘sincere intention to be fair, open, and honest, regardless of the outcome of the interaction’ for me is poignant.

In a top tip I wrote over ten years ago https://mediate.co.uk/toptip/leap-of-faith-v-tried-and-tested-a-tip-from-a-case-manager/ I talked about the way that each of the relationships above are based upon faith. A client placing faith in their lawyer, a lawyer placing faith in the mediation service provider.

For me the essence of being a good mediation case manager is to be genuine. When I converse with a lawyer/client and discuss the right mediator for their dispute; or when I talk to a mediator about how we are developing their mediation practice, I am building trust. Trust is important because it is the beginning of a relationship. Building that relationship implies responsibilities. I have a responsibility to make the right mediator recommendation to my client and to provide a professional service. The way I perform my responsibilities has a ripple effect on the lawyer, the lawyer’s client, the client’s various associates and on the mediator. The power of those dynamics must never be under-estimated or treated lightly.

Mediation case management is about collaboration. Nothing can be achieved unless there is a collaboration of professionals. Working together is at the very heart of what we do. Mediation is about structured collaboration, because the various forms of relationships that are built are done so to achieve results and solve a problem – a shared outcome. A successful experience of the mediation process is that shared outcome. We all have a part to play in that process. As a case manager, I am there to advise you, guide you, help you choose the right mediator, with the right area of expertise, mediation style and qualifications.

I am there to make your life that little bit easier, by assisting with venue, dates, and costs. This then has a positive impact on your role, whether as a lawyer, client, or mediator. It makes your job less challenging, and you can focus on the parts of the mediation process that are most important to you.

Being involved in mediation is about being part of a community. We all have the same goal – to have a positive experience of the mediation process. Each of us has a different part to play in the mediation community, but we all share certain responsibilities and outcomes. Our responsibility is to do the best that we can do for our client. Our desired outcome is to leave the mediation process feeling that we have done everything we can to make the experience a success.

I have been performing my role at IPOS Mediation for over 22 years now and I believe, now more than ever, that building relationships come first and if this is done in good faith, the rest will inevitably follow.