Mediation and Social Work Practice

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Mediation and Social Work Practice
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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

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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.

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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.
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• 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.

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• 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

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Conflict redress continuum

• Avoidance of conflict
• Informal discussion
• Negotiation
• Negotiation
• Arbitration
• Judicial
• Legislative

• Private
• Semi-private
• (involves 3rd party)
• Public

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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

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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.
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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.

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Making an Assessment

• Questions to address include
• History (what has worked in the past?
• What hasnt?)
• 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?