Ed Ahrens, Jr., Esq. writes monthly thought provoking Editorials on mediation. These views are Ed's and do not necessarily reflect those of Florida Mediation Group.

The individual person is more interesting
than people in general; he and not they
is the one whom God created in His image.
André Gide, Journal, 1943

 

I have discovered that one of the most enriching features of mediation is the opportunity it offers to study human nature. Legal, ethical, political aspects aside, the parade of unique personalities is never ending.

Each participant in a mediation -- and I'm not so egocentric as to exclude myself from the group -- presents for the fascination of others, assuming they take an interest in doing so, a unique personality with characteristics that differ from those of all others.

The mediator is well advised to take note of those characteristics at the outset of a proceeding, in order that he/she will be better able to assess the subject's motives, instincts and objectives. It is folly, if indeed it is even possible, to judge all people in like fashion. Differences in psychological makeups and, yes, even physical attributes are what make the world go around, what make the society of cultures and races so enchanting.

The mystique of the human mind challenges us, all of us, to understand what drives individuals to behave the way they do, both positively and negatively.

So, I urge you, as attorneys, mediators, adjusters and other participants in the captivating cosmos of the mediation process, to serve your best interests by carefully observing others, perhaps in a way you have never done before. Not only will it aid you in conducting yourself in the most successful manner and perhaps in achieving the results you are seeking, but it also offers an intriguing exercise in the study of individual personalities. Such a study certainly is not limited to the mediation proceeding, but the advocative, negotiating and confrontational aspects of mediation make that environment one of the more fruitful for such analyses.

Indeed, you might even write a book on some of the characters you meet! Uh, the correct spelling of my name is…

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