ABA Book | Stories Mediators Tell

by Holly Hayes

I recently discovered the book “Stories Mediators Tell” by Eric R. Galton and Lela P. Love published by the ABA Section of Dispute Resolution (Feb 2012).

Our friend Jeff Jury, from Austin, contributed the story “The Problem of Sharing Space”.

The introduction states:

Some of the stories in this book are factual, an effort to recount precisely what happened in a particular mediation. Some are an effort of the writer to give an accurate account, but with the license of a fiction-writer who wants to convey the feel and tone and mood of a situation. This license is necessary in some cases to preserve confidentiality, and in others to help the reader step into the shoes of people in the story.

Unlike trial lawyers, who are permitted to tell “war stories,” write
about infamous trials, or use real cases to teach, mediators have been silenced because of the need to preserve confidentiality. Confidentiality is one of the safety nets that allow disputants to share their inner thoughts and feelings, trusting that their confidences will not come back to haunt them. Until now, with a few exceptions, the only way a good mediation case got told was in the form of a role play, which is a common training tool used to teach about the process or about a mediation technique. Roleplays are typically derived from real cases. Apprentice mediators “perform” the conflict as parties, while a trainee mediates, and, in so doing, they create potential resolutions. Despite nearly three decades of the modern mediation movement, this “storytelling” used in training has been largely focused on those who aspire to become mediators. This book brings these wonderful stories to a wider audience.

You may purchase the book here.

Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com.