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Wednesday, January 5, 2011

Mediator – One of the Best Careers for 2011?

“Mediator” made the list of U.S. News & World Report’s 50 best careers for 2011. They predict that in the U.S. – one of the most litigious countries in the world – employment in alternative dispute resolution will increase by 22% between 2008 and 2018. Jurisdictions all over the world now require disputants to try mediation before bringing their disputes into the courtroom. I think that this reflects a greater awareness of alternative approaches to conflict, and a growing acceptance of the view that the courtroom may not be the best place for every kind of dispute.

Mediation is being used in an expanding variety of circumstances. In the wake of the housing crisis in the U.S. many states have suggested or required mediation between banks and homeowners before allowing foreclosure. (Interestingly, researchers have found that mandatory mediation has a higher rate of success than voluntary mediation. See my earlier posting, “Is Mandatory Mediation an Oxymoron?”) A&E has been airing “The Peacemaker,” a series on Malik Spellman, a former gang member who now works to mediate violent disputes between gangs in L.A. And mediation continues to be used as a way of addressing conflicts over environmental resources. Bill Ritter, the governor of Colorado, recently ordered the creation of a “River Access Mediation Commission” to resolve disputes between boaters and property owners.

But increasing opportunity is not the only reason to be excited about a career in mediation. Being a mediator can be rewarding in itself. Mediators help individuals in difficult situations who often can’t see a way out on their own. For example, mediated parenting plans can help defuse the often wretched emotions involved in marital break ups. A more startling example is that tribal mediators in Yemen were recently able to resolve a nine year family conflict over land. Three people had died and twenty-one were injured in the cycle of revenge violence. While I don’t know of any such dramatic cases in Canada, mediators everywhere help others to resolve their conflicts, reduce the stress in their lives, and return to meaningful activity. To do this as one’s job is a privilege.

Happy new year.

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