Group hugs; group photos; tissue boxes on the table; the sharing of photos of children and relatives; hugs and kisses of gratitude for a successful settlement. In my many years of mediating cases in a vast variety of subject areas, mediation focused on resolving interpersonal conflict is the only subject area where I have regularly experienced the aforementioned personal acts.
The dynamics and tensions underlying cases involving interpersonal conflict are generally different in nature than other types of disputes. These conflicts require a solution that will address the psychological and emotional needs of the parties. Because the parties are frequently related, or live or work together, they share a fractured relationship which results in a heightened personal connection to the conflict. Often, these matters are both time and economically sensitive. The problem is ongoing and will continue to escalate if not addressed. The dollar amount at issue, if any, may not justify the cost of litigation. A means must frequently be created for the parties to continue to function in some type of relationship after the immediate dispute is resolved. Many parties desire a confidential forum in which to resolve their dispute. Additionally, these are often difficult cases for counsel, who are expected by their clients to function as nonjudgmental, unfailing advocates for emotionally driven positions.
