1 Mediation as a professional domain
Mediation can be described as a ‘process in which impartial third parties … help disputants reach their own agreements by facilitating communication and suggesting compromises’ (Greatbatch and Dingwall, 1999, p. 271). Mediators play a role in many large organisations in helping to resolve disputes between individuals and groups without the need for formal action or litigation. They are also employed to help resolve disputes between individuals, for example divorcing couples, so that expensive and stressful court battles might be avoided.
While in Roman law, mediation existed in the concept of an ‘“intermediatory” – internuncius, medium, interpolator, conciliator, interpres and mediator’ (Kokoeva et.al., 2022), in its modern form, mediation as a distinct professional domain is relatively new, dating from the second half of the twentieth century. It began to grow as an area of practice in English-speaking countries such as the UK and USA in response to widespread dissatisfaction with legal procedures and processes, particularly where family disputes (e.g. divorce proceedings) were concerned, and was then adopted in other countries in Europe including Russia (Kokoeva et.al., (2022). Professionals involved were looking for ways to de-escalate conflicts that came to their attention, in order to avoid court cases that might be emotionally and financially damaging for families already undergoing a difficult situation.
From the outset, the model of professional practice that underpinned mediation was very different from that of traditional professions such as law or medicine, moving away from the notion of professional as ‘expert’ with sole responsibility for the outcome of their intervention. As one professional mediator explained:
In mediation, the professional–client relationship is fundamentally reshaped … He or she attributes to clients, as well as to himself or herself, a capacity to mean, know, and plan … the professional is accountable not so much for the outcome but for the process of engagement.
Mediation remains an important element of the family law system in some countries, and has become an established option for individuals and organisations seeking to deal with conflict in a wide range of other contexts including:
- workplace conflicts
- industrial disputes
- dealing with complaints about public services such as health or social care
- community and neighbourhood disputes
- restorative justice.