Institutional Authority and Communication in Family Mediation

Evan placed his ceramic mug on the composite-wood, cherry-finished table, glancing at his surroundings whilst wiping warm dairy from his upper lip.  He frequented this bookstore/cafe when he needed time to think: Time he really didn't have to spend in so lax a manner, but necessary for his sanity.

I don't think I could spend another minute in that court room, he thought to himself wearily, stretching his arms high above his head, interlocking and cracking the joints of his fingers, then lowering them to rest once more on the belly of his hand-tailored dress shirt.

His smartphone buzzed, and a text notification appeared.

Honey, don't forget: your membership fees for the American Bar Association are due soon.  I hope I'll get to see you tonight, but if not, I love you! [Authoritative Organization]

Evan slumped in his chair.  Would it really be so bad to be disbarred? He thought vainly.  Maybe I'd see my family once in a while?  Or go to my cousin's wedding?

Sighing sorrowfully, he pulled out his laptop and quickly navigated to the Bar's webpage to pay his dues... When something caught his eye.

"Annual Spring Conference for Alternative Dispute Resolution?" He muttered to himself, clicking the link. [Influential Event]  It was only a few months away.  Evan had seriously considered mediation when first choosing his career, but it was such a new avenue with very few professionals and experts, and, after reading the official standards of practice, he had several concerns about the lack of national requirements to become a mediator; now, in just a few short years, they had their own community, supported by the Bar! [Regulating Standards]

He quickly paid his fees, and added a few extra dollars to join the ADR community- After all, they promised to send their semi-annual edition of the official ADR magazine, an opportunity to join their roster of certified mediators, and a monthly newsletter. [Authoritative Publication]

The more he read, the more excited he got: It looked like there was even a "Mediation Week" he could attend this month where he could raise his certification concerns. [Challenging Authority]

Signing up for everything he could, for once, Evan had hope of taking his wife for a proper honeymoon.  For once, Evan was happy.

Storytelling in Familial Arbitration and Mediation

Foreword
When families seek the services of a mediator, the officiate occasionally weaves the facts and stories of both sides' cases into a more poignant, easily understood narrative illustrating the key points and issues in a more middle-ground fashion.  These stories vary in length and serve as a means of allowing the families to analyze their own situations from a third-party, less-biased perspective, enabling the wronged on both sides to understand their "opponents."

I made up the following story- As I don't yet have... Err... Any experience in my field, I honestly can't guarantee how much it typifies the stories my future colleagues are currently using: I only have second-hand knowledge from my Career Exploration professor, career fairs, and the occasional expositive mediation specials on television.

Example Story

• Setup: Four siblings seek mediation over the unequal estate settlement of their deceased parents, three of them feeling the house inherited by one, we'll call him Gerald, outweighed the monetary compensation received by the others. 
• "Gerald, in your parents' joint-will, they opted to leave you your childhood home: as far as liquid assets go, the home doesn't (and wouldn't) provide much financially.  In fact, its state of disrepair after all these years poses a substantial financial obligation, making it, in many ways, a negative asset for your portfolio.
  
  "However, your siblings feel there is immense difficulty in placing a price on sentimentality.  You now own the doorstep on which your sister had her first kiss, the living room where your family celebrated every Christmas, the tree under which the family dog was buried... In essence, your inheritance's value is more 3-dimensional than you may have previously accounted for, and shows just whom your parents trusted the most.  You now own a physical representation of every positive and negative experience of your siblings' childhoods, and they wish to negotiate an agreement wherein their emotional upheaval can be assuaged."

Analysis

This story restates what "Gerald" told the mediator, showing that, whatever decisions are to be made, he is, in fact, understood.  It also serves as a representation of similarity/difference, exposing to the intended audience the views of, in this case, his opponents.

Retelling the Story

• If the mediator in this story were to speak to Gerald's siblings instead, he would probably flip the order in which he addressed each party's grievances, establishing understanding communication before introducing difficult subject matter.
• "If I'm understanding you correctly, you three feel, first off, caught off-guard by your parents' apparent favoritism and special treatment of your brother.  They left him your childhoods: Memories of almost every "first," the grave of your family pet, the time capsules hidden in the now finished basement...

• However, Gerald was rather confused at the contents of your parents' will.  The years of neglect due to your parents' senescence have left the house in a sorry state of disrepair, cutting its financial value significantly.  As a negative asset, the money your parents left to you far outweighs the physical worth of Gerald's inheritance.  That being said, he wants to ensure everyone agrees to something: Whether or not it's the exact contents of your parents' will."