Mediation, by definition, is a process of resolving disputes by facilitating communication between opposing parties. A mediator plays a critical role in navigating the delicate nuances of disputes, ensuring that both sides feel heard and working towards an amicable solution. However, there are certain qualities and behaviors that attorneys generally hope to avoid when selecting a mediator. One such behavior, colloquially referred to as the “Carrier Pigeon” syndrome, is particularly unwelcome.
So, what exactly is a “Carrier Pigeon” mediator? Just as a carrier pigeon delivers messages without analyzing or modifying the content, a “Carrier Pigeon” mediator merely shuttles messages back and forth between the disputing parties without adding any value. While it might seem that simply passing on messages is a neutral act, it’s not what attorneys are looking for in a mediator. They are seeking someone who can provide insight, facilitate productive discussion, and guide the parties towards a resolution.
A mediator is not just a messenger. A skilled mediator understands the underlying emotions, motivations, and concerns of each party. They actively engage with the parties, ask probing questions, and challenge any unhelpful assumptions. Simply shuttling messages can lead to miscommunication, prolong the dispute, and prevent both sides from getting to the heart of the matter.
Additionally, attorneys prefer mediators who can actively read the room, sense shifts in dynamics, and adjust their strategies accordingly. A passive “Carrier Pigeon” mediator might miss these critical subtleties, leading to lost opportunities for resolution.
In essence, attorneys seek a mediator who is an active participant in the process. Someone who can provide a fresh perspective, facilitate effective communication, and steer the conversation towards a mutually acceptable resolution. While the simple act of passing on messages might have its place in certain situations, it is not the hallmark of effective mediation.
When selecting a mediator, it’s essential to look for someone who brings more to the table than just relaying messages. Avoiding the “Carrier Pigeon” syndrome ensures that the mediation process is dynamic, insightful, and ultimately more successful in resolving disputes.
About the Author: Ido J. Alexander is a certified mediator specializing in first party property claims, personal injury cases, bankruptcy matters, and other commercial and financial disputes in South Florida. With experience in over 600 completed mediations, he helps parties find efficient, creative solutions to seemingly intractable conflicts. Visit ClearEvolutionMediation.com to learn more about his mediation services and approach.
