Article Summary of "The Logic Behind the Magic of Mediation" by Albie M. Davis
Citation:
"The Logic Behind the Magic of Mediation," Negotiation Journal, 5:1 (January 1989), pp. 17-24.
This Article Summary written by: Tanya Glaser, Conflict Research Consortium
Davis recounts an example of mediation "magic". She
describes the community mediation of a case involving the
burglary and vandalism of a woman's home by a group of
neighborhood youths. Within mediation the woman was able to
express her loss. The youths came to understand the harm they had
done. They apologized and agreed to make restitution. In
addition, the oldest youth shared his prior prison experience
with the younger children and urged them to avoid his mistakes.
Davis identifies the elements of mediation which help such
"magical" events to occur.
Elements of Mediation
The mediator's attitude of respect for the parties is an
important element in effective mediation. The mediator should
respect the parties' dignity and competence, and respect the
parties' ownership of the dispute. This respect may be shown in a
variety of ways, including handshakes, polite behavior, attentive
listening, patience and acceptance. The mediator must also
exercise self restraint, keeping her own sense of self-importance
in check.
Another element of fruitful practice is to keep the process
simple. Davis says, "Keep your beginner's mind." [p.
20] Parties will find simple approaches more accessible. Often a
simple approach to a complex problem is the most effective.
The mediator also needs to have and model a positive attitude
toward conflict, emphasizing its potential for rejuvenation. By
being non-judgmental the mediator will free the parties from the
need to be defensive. The parties can then devote their energies
to reflection and to developing a better understanding of their
own interests.
Mediators should allow for the "safe and productive
expression of feelings" [p. 21] Drawing on a reevaluation
co-counseling approach, Davis says that humans are naturally
creative, intelligent and cooperative. Repressed emotions and
suppressed hurts will make it more difficult for parties to think
clearly, creatively and cooperatively. Humor and laughter can be
especially helpful in recovering from hurt.
Lastly, the mediator must always keep the hope for forgiveness
and reconciliation alive. Davis cites sources ranging from poet
Maya Angelou to the Buddha, who noted "Hatred does not cease
by hatred. Hatred ceases by love." [p. 22]
Conclusion
Mediation works best when it "is simple and it's designed
to go with, not against the grain of humanity." [p. 23]
Davis expresses her hope and belief that mediation may be part of
the development of a new ethic which can support a more
generative view of human life.
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