Where Have All The Idealists Gone? Long Time Passing, Part III

Early Adopters

To appreciate any new movement it is helpful to understand the motivation of the early idealists who planted the first seeds. Many were disillusioned lawyers, often referring to themselves as “recovering attorneys.” Others were devout supporters of the civil justice system (judges, professors, trial lawyers) dedicated to its ongoing improvement.  All had the same goal of making the process of settling conflict less adversarial and more peaceful. Early mediators were evangelical in their idealism for the field, and rightly so. A new opportunity to create massive change in the way legal disputes were being managed was at stake and the chance to reshape that system was presented. In a way they followed the paths paved by other famous idealists who reshaped the world. For example, Gandhi adopted a form of practical idealism, a philosophy whose non-violent approach was designed to achieve goals focused on ethics and virtue to defeat the British Empire. Like mediation, this philosophy recognized the need for compromise in its approach to reach higher goals. Visionaries like Gandhi and the early mediators had one thing in common — following the moral high ground allowed them to adapt their movements to fit the arc of history. They maintained their visions while maintaining flexibility of process to achieve their dreams.

The idealists in the early mediation movement actively adopted a vision some authors referred to as the “promise” of mediation. This vision was primarily concerned with disputes that were interest based, meaning they focused on the needs or concerns of the parties.  The process of mediation was intended to address those interests, and then manage the conflict with the goal of party empowerment.  Lawyers, psychologists and those generally interested in improving the human condition joined forces to provide interest-based training and design processes whose central theme was improved communication between the parties, with negotiation following an understanding of what was at stake. The communication component of the process was understood to begin with a “joint session” in which parties had a chance to vent, tell their story and be heard. Following the joint session, the mediator would then conduct private meetings where communication continued and the process of negotiating a resolution of the dispute began. Scholars wrote books that broke the process into component parts that had various names, but one part was consistent throughout – namely, the case would always begin with a joint or plenary style session — a session that encouraged parties to sit across the table and hear each other out.

Stay tuned for Part IV: Adoption by the Courts.

Read Part I: Introduction

Read Part II: History

Read Part IV: Adoption by the Courts

Read Part V: The Drift of Mediation

Read Part VI: Adapting to the Adversarial System

Read Part VII: What Approach Actually Works?

Read Part VIII: Make Some Music With Lawyers

Read Part IX: Arguments With Myself About The Future

Read Part X: A Practical View of the Future