Ed Ahrens, Jr., Esq. writes monthly thought provoking Editorials on mediation. These views are Ed's and do not necessarily reflect those of Florida Mediation Group.

The performance assessments we get back after the conclusion of a mediation are helpful to the mediator, make no mistake about that. Whether the comments are favorable or unfavorable, no responsible mediator ignores them. We may disagree at times, but we know "the customer is always right." Even if the customer is wrong, not often the case I'm afraid, it is little consolation if he or she does not call on us for service in the future.

But let's put some things in perspective. As a whole and as a rule, the parties know best-usually better than the mediator-whether a mediator has done a good job or not, irrespective of the proceeding's outcome, whether in settlement or impasse. Attorneys and adjusters, on the other hand, know or should know mediators cannot perform magic. They cannot pull a rabbit out of a hat.

If either party or their attorney has made up their mind not to settle, or does not have a high regard for the mediation process, or is simply using the mediation proceeding as a stepping stone to a courthouse steps settlement, then nothing the mediator does or does not do is going to make a difference. Indeed, if settlement does take place outside the mediation proceeding, we are happy.

This is not to say that unsuccessful mediations are never the fault of the mediator. There are good mediators (I hope I am one) and poor mediators (I hope I am not). Mediators have up days and down days (Is confession good for the soul?), because, believe it or not, mediators are human. Little comfort to the parties involved when the human element fails, but an inevitable feature of human behavior.

All these factors-and probably others-have a bearing on the outcome of a mediation. We-mediators, attorneys, adjusters, parties-collectively do the best we can with what we have. And what we have are the abilities to adequately prepare for mediation, to know the rules and prerequisites of the process, to recognize and assess the many nuances of effective communication in an adversary system, and, yes, to understand that social intercourse, a vital part of the process, includes an acceptance of the fact that none of us, in the final analysis, expect to get out of all this alive and therefore should enjoy what we do, enjoy the opportunity to meet new people and new challenges and deal with them as if there will indeed be a tomorrow.

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12/14/98

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