Mediation 101: An Interview with Gene A. Johnson, Jr., Pt. 1

WeParent had the opportunity to chat with Gene A. Johnson, Jr., also know as, “The Mediator”, for a basic lesson about mediation.  There was so much goodness in the conversation, that we’re breaking this one into a multi-parter.  And, adding to the goodness, Gene will be our guest on “Co-Parenting Matters” this Sunday.  Feel free to leave your questions along with your comments below.  And, for now, here’s Part 1 of our interview.

WeParent: Can you talk a little bit about what mediation is generally?

Gene: Sure. Mediation basically is a process where a trained and neutral impartial person, known as a “mediator”, assists parties in communicating, understanding and clarifying their interests, whatever interest they may have. The mediation process usually is confidential as well as voluntary, so that means whatever is said in a mediation cannot be introduced in a court of law or any other administrative proceeding.

Mediation works best, I believe, because you can create your own solutions that address your own needs. We help people have a conversation. Out of that conversation, they are addressing whatever interest they may have and trying to generate movement so people are talking about their interests and not being so positional and adversarial.

WeParent: For clarification, a mediator does not represent either party.  The mediator functions as a facilitator of the conversation that gets both parties to an agreeable solution, right?

Gene: This is true. Mediators come from all different backgrounds. Some mediators are lawyers by profession or by training. Some mediators are counselors. Some mediators are psychologists. Some mediators are social workers. Although that may be what they are trained to do, once they are sitting before you as a mediator, they take off those other hats, and they are there as a mediator.

WeParent: So how is mediation different from other dispute resolution processes? There’s arbitration, there’s just going and have a judge mandate orders. What’s different about mediation?

Gene: Well mediation is different because, once again, you get to create your own solution. If you go through the court or arbitration, usually you may have 10 or 15 minutes with a judge. Then they are going to decide what is best for you in your situation, and they may or may not know you from a can a paint.

In mediation, the mediator will not impose any solutions. You will come up with your own solutions, because we believe you know what is best for your situation.

Mediation also differs because you get to communicate directly with the other party, directly with the decision maker. If you go to court, you don’t usually get to speak to the decision maker. Even though the decision maker may be the judge, usually you will go through your lawyer; and then your lawyer will talk to the judge.

It’s also very cost efficient. The matter in mediation is usually resolved a lot quicker than going to court, so there are less fees in terms of the lawyer fees, etc. Also, you are able to schedule mediations on your own time, which means that if you want to schedule a mediation on Saturday or in the evening hours, you’re not beholden to a judge and whatever court dates that are available or even not available.

WeParent: Are there other emotional benefits? What benefits are there outside of the ones that you’ve listed which are already pretty numerous?

Gene: One benefit is that although mediation usually takes up less time than going to court with motions and adjournments and etc., a mediation actually gives you more time to really talk about how you feel, which is important. Whenever you’re in a dispute, the number 1 thing that usually gets in the way of your resolving the dispute is emotions.

Most of the time, judges are not equipped to really hear how you feel. I’m sure you’ve heard the saying, “the facts and nothing but the facts,” because that’s what they want. Sometimes cases are more nuanced than that, and you may need to express yourself.

One of the misconceptions about going to court is that people believe they are going to have their day in court, and they are going to have this Perry Mason moment where I’m going to get up and say this and say that. The reality is that doesn’t happen. There are so many guidelines; you can only speak at certain times. Usually you don’t get to speak at all. Your lawyer does all the speaking. Everything is very rigid. Everything is very procedural.

There are some courts where even if you submit documents, the documents need to be typed a certain way or in a certain font etc. In mediation, it’s just the opposite. Mediation is very informal. You are having a conversation with the other parent trying to reach a collaborative resolution, which is important. As we all know, after your day in court, usually you will not improve that relationship. The relationship will be a lot worse because you slung mud and have gone back and forth in the adversarial process.  Mediation, which opens up communication, will seek to restore, maybe even better the relationship with your ex-partner or the co-parent.

WeParent: It seems that going to court, to a large degree, is about winning and losing. But, it sounds like mediation has a foundational philosophy that collaboration is the best solution driver.

Gene: You’re definitely correct. Court by its nature, litigating, there’s going to be a winner and a loser. You’re either going to win, or you’re going to lose. And, some would even argue if you win, you still end up losing because you spent time and effort, and you probably did not improve the relationship that you have with your co-parent.

So, mediation seeks to shift the ground a little bit so that the process is collaborative, and you don’t have this jude to prove your case to or to prove that someone else is unfit. In mediation, what we’re looking for is the best interest of the child. And you’re not going to have a judge dictate what is in the best interest of your child. You will.

The other thing is when you go to court, you roll the dice, because nothing is guaranteed. You’re putting the fate of your child in someone’s hands, and judges are human. Mediations give you more control of the process and more control of the outcome.

WeParent: I’m curious about your thoughts on why more parents don’t mediate first, or do they? Is mediation typically a higher percentage of how parents resolve disputes? It just seems like even when my son’s father and I were first splitting up, the initial advice was go to court. Nobody was yelling, go to mediation first.

Gene: That’s definitely true. I think our culture is set up where if you have any type of problem, any type of conflict, any type of disagreement, you automatically get into adversarial mode. So, mediation is often an afterthought or not even mentioned at all. All that you can do when you’re in the situation is think about how can I get even with this person? How can I stick it to this person?

By doing that, you totally forget about the child. You totally forget about what’s in your best interest. Sometimes just because this person did some things that you may not agree with, that doesn’t mean that you cannot work together in a collaborative fashion. Particularly when you have child involved, it’s probably in both your best interests for you to get along and not be so adversarial.

The other thing is that mediation is a relatively new profession. It has been around possibly 40, no more than 50 years, so it’s new. So a lot of people are not aware of what mediation is and not aware of what a mediator does. They may confuse it with counseling. They may think of it as, “Oh, I don’t want to go to that touchy feely thing.” So a lot of people are not away and just have little knowledge of what mediation actually is.

Read Part 2 of this interview.

Check out our interview with Gene on “Co-Parenting Matters”.

Contact Gene A. Johnson, Jr., “The Mediator”, directly on LinkedIn, Twitter or Facebook or email him at GAJohnsonjr AT gmail DOT com.