Segment 1: It’s Not All About the Fight. Mediation is a process by which a neutral party helps people in conflict resolve their issues and move forward in peace. To speak about mediation and how it is used within the legal system we are interviewing Jan Frankel Schau, of Schau Mediation on this edition of The Doug Noll Show. Jan has over 20 years of experience as a litigator, and is also a public speaker, an author, and a mediator (http://schaumediation.com/).
Jan was always drawn to the drama and the narrative of law. Her involvement in mediation happened by accident, when she took a class for continuing education units. She soon discovered that mediation is different in the sense that it has two sides of the story, and the other side might have merit if you dig deep enough. She found with mediation that she didn’t have to be so narrow-minded or laser-focused on whomever had hired her as a lawyer. With mediation, it’s not all about the fight and the win; it’s about solving problems and moving forward.
Segment 2: A Heart Shift. As Jan dove deeper into mediation she had what she calls a “heart shift” from fight and defend to “let’s work it out.” At that point she knew she was no longer an effective advocate, except for peace and conflict resolution. She didn’t have the fight in her belly anymore.
Lawyers who haven’t been property trained in mediation tend to cram human conflict into a narrow box of legal rights and remedies and processes and procedures, which strips away what makes people human. Mediators have an acceptance of the fact that there can be two truths. Instead of a YES BUT, it could be a YES AND. And out of those two stories emerge a new story of hope and peace.
Segment 3: Middle of the Road. Jan’s newest book is titled View from the Middle of the Road: A Mediator’s Perspective on Life, Conflict and Human Interaction. It started as a personal self-reflection activity, and turned into a book of real stories with fictionalized characters, plus proven tools and rules for mediators and lawyers. To find out more about Jan’s book, visit http://viewfromthemiddleoftheroad.com/.
Segment 4: Plenty of Room for Peacemakers. Unfortunately, Jan thinks mediation is a concept that hasn’t quite permeated society yet, although she is seeing more and more innovative programs developed by people with skills in negotiation and conflict resolution. The services are extremely valuable but it’s difficult to get the word out that they are available. She reminds us that it’s important to pull yourself back as a mediator and really listen to your clients. The mediator essentially has two missions: to come to an agreement, and to acknowledge the human side of the conflict. Jan believes there is plenty of room for peacemakers within the context of law. Practicing law is not the only way to help people with their law issues. Visit http://schaumediation.com/ for more information about Jan and her services.
To listen to the entire interview: