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Articles
Does
Mediation Mean Compromise?
Mediation
is a term that has become more and more familiar to the general
public. We see it
used in the context of foreign affairs, industrial relations,
and alternatives to court.
It is still a relatively new concept to individuals when
it applies to themselves and their daily lives, however.
When considering mediation with a soon-to-be-ex-spouse, a
neighbor, or a business associate, mediation becomes something
very personal. We
ask ourselves questions about whether or not mediation is in our
own best interest. And, since
mediation has often been associated with compromise, we
ask ourselves if we should be making compromises.
What is compromise, and is it a good thing or a bad
thing? First, when we look at definitions of compromise in the
dictionary, there is this dichotomy of “good” and “bad”
compromise. Here
are three definitions presented in “Webster’s New Collegiate
Dictionary”:
“a. the
process or a result of settlement by arbitration or by consent
reached by mutual concessions;
b. something blending the characteristics of two others;
c. a committal to something prejudicial.”
Then there is a
definition marked “obsolete”, in part stating, “to make a
shameful or disreputable concession.”
Clearly in the obsolete definition, but also in the
others above, there lingers a negative interpretation to the
idea of compromise.
The most favorable definition of compromise from those
listed above is “ b. something blending the characteristics of
two others”. This
works well with the concept of mediation.
Mediators strive to assist parties in “blending”
their interests to arrive at an agreement that works well for
everyone concerned. “Works
well” does not necessarily mean that one solution will be
ideal for everyone, although in a surprising number of cases
this is often the outcome of mediation.
So,
is compromise positive or negative?
When we compromise our principles, or our integrity, or
give up something that is essential for our well being,
compromise does not seem like a good thing at all.
When we compromise for the greater good, or because we
better understand other’s perspectives, or because issues have
become clearer to everyone involved, or because we are gaining
in areas that are more important than areas where we are giving
up, then compromise seems like an intelligent, effective choice.
In mediation, compromise can be good or bad depending
on the many factors that make up a personal dispute. The important thing to remember is that in mediation, you do
not have to reach agreement.
You are in control, and you know when a particular
compromise involves something that is too important to lose, or
when a compromise makes perfect sense in your situation.
___ Regina
Olchowski
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