Mediation not only adds value for society and to disputants, it also benefits the individuals who learn mediation skills. Those who become mediators express feelings of accomplish ment when they help others solve thorny problems. Students of mediation claim they see a microcosm of life during fieldwork practice.
Roger Cockerille, Idaho 4th District Court Magistrate Judge, tells the individuals sitting in his courtroom waiting for a trial that he orders most of the contested small claims cases to mediation for two reasons: It is their last chance to work things out together before a judge makes a decision that may not please either of them, and about 70 percent of the mediations result in a settlement. Of those who settle, over 90 percent follow through and comply with the agreement they negotiated. If the court makes the judgment, people can appeal, which delays getting the settlement that was awarded. It also is the winner’s job in Idaho to collect on the judgment, which means the plaintiff has to find the defendant and try to garnish wages or collect through some other legal means, which is not easy. Many people never see a dime when they “win” in small claims court.
When people arrive at court, they are prepared for a fight. Then they are sent to media tion. While everybody who goes to mediation doesn’t have the same experience, many leave transformed. We held a conversation with graduates of the Boise State University Dispute Resolution Program who served as small claims court mediators. Deanna’s comment about being surprised that sometimes money wasn’t the issue was representative of the group’s experiences. “I had a neighborhood case where the people bought a house in the winter and when summer rolled around the sprinkler system didn’t work. They tried to fix it, but couldn’t figure out how the previous owners had it rigged and couldn’t find the other cou ple. They ended up bringing the former owner to court because it was the only way to find them.” During the mediation session, they came to an agreement that the former owner would buy all the replacement parts and train the new owner on how to work the sprinkler system-and they would get together and repair it. They even made plans to have dinner the next weekend. Deanna concluded, “It feels good when you help.”
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