MEDIATION-PTSD. IS THAT A THING?

Post-Traumatic Stress Disorder can develop after a person is exposed to
a traumatic event…

“… You’re a what!?! Did you say a Mediator?!” As I tried to understand his repulsed face he continued. “Sorry I didn’t mean to interrupt your conversation Stanley, but as I passed by and heard you say you’re heading to do a mediation my stomach turned, my blood ran cold and I was immediately brought back to 8 years ago when I meditated for 12 hours! It was horrible! I HATE mediation, and mediators are worse than lawyers! I mean my lawyer, said that this retired judge was pushy and often was used because she was good at getting deals done. And she can give us a look at what another judge might do. It was the worst decision of my life. Well second worst, staying in my marriage 9 years to long was the 1st. And after 12 hours NOTHING got done. 12 hours man! And, I tell you what. If the judge, I mean mediator, always came in beating me up on me and saying, ‘As a judge, I would rule this way or that- way, or, ‘You know she could get permanent alimony due to her disability… I would strongly consider that when I was on the bench’. I mean come on! Talk about against the man in a divorce. I refused to settle after that… No! she was completely biased and on my wife’s side. It was a pity-party that didn’t need to be done because my ex only uses her disability issue when she wants. And the mediator never wanted to hear that. My ex was a complete bully to me and her family which is why they were all my witnesses at the trial 8 months later. Sorry. But I just hate mediation…”
Wow! I was shocked at how expressive Mr. Jay was. Since I’ve known him for about 18 months and after many conversations after the gym, he never had such a harsh tone… So, with an empathic-understanding tone, I said. “I hear you, Jay. And yeah, many mediators are not well trained in conflict resolution but rather stay within their adversarial-approach to conflict resolution even as they mediate. But I know some fantastic former judge mediators, so do not lump them all the same. And I am sorry you feel that way about mediation. Mediation really is an awesome process and is supposed to be a balanced process. Even in our Florida ethical rules, like 10.200, it promotes the ‘…use, understanding and satisfaction of the process for the parties’”.
Jay shook his head saying, “What I experienced should be illegal. It’s too late now, and I should have done something before, but what, I do not know. I was so distraught from the hurricane of the divorce. I didn’t think I could do anything anyway, she was a judge, what could I do. I was in no place mentally or emotionally to deal with it. Divorce is just such a terrible thing. But now I am thinking, how many other people did she do that too… it’s just wrong…”
We continued to speak where I hopefully showed him that although his experience was not exclusive, and it does happen quite often, it is not the process or the profession that is at fault, it’s the practitioner and lack of training.

MEDIATION IS NOT ABOUT THE DEAL…
WE HAVE A DUTY TO THE PARTIES, PROCESS, PROFESSION & COURT…
TRAINING MATTERS…