Headlines about the $787 Million settlement between Fox News and Dominion has brought Mediation to the forefront of the news. Reports are crediting the skills of the “secret” mediator, Jerry Roscoe, who, on the eve of trial, facilitated a settlement between the two parties. While the mediator’s efforts were certainly impressive and clearly successful, there doesn’t seem to be much focus on the actual process of Mediation itself as catalyst to success.
Whether it’s multimillion dollar business disputes, employer-employee conflict, or a divorce between a couple, the very nature of the mediation process can bring about a satisfactory solution to pretty much any problem. What is it about the process that is so successful?
In my opinion, pure mediation is not a legal process. It was derived from a counseling theory based on the premise if you provide people a supportive, empathetic, non-judgmental environment, they will naturally seek health, positive functioning and resolution. I believe this because I’ve observed it work in thousands of my divorce mediation sessions.
So, yes, credit Mr. Roscoe for helping two giants avoid a major, vicious legal battle, but keep in mind the process he used to help both sides move past this conflict and get back to business.