Monday, February 13, 2012

Communication majors, lawyers and psychotherapists


Communication majors should make good mediators, while lawyers and psychotherapists might find it difficult to effectively play the role of mediator. Communication majors are trained to be competent in communication, which is a critical component of the mediation process. Without taking sides, a mediator must work to get the two conflicting people communicating with each other so that they can work out their conflict and come to an agreement that is acceptable to both of them. After having studied theories of communication and applied them in practical situations, communication majors should be able to competently use their acquired knowledge and skills to facilitate communication between conflicting people while not taking one side or another.

A lawyer is trained to take the side of the person or group of people he or she is defending and come up with legal reasons for that person or group to win in a conflict with another person, group or entity. It would be difficult for the lawyer to be a mediator because the lawyer would need to step away from his or her usual practice of taking one side in order to be impartial. He or she would also probably find it difficult to avoid looking for a law that would solve the conflict being mediated, as the lawyer do, because the mediator has no voice in how to solve the conflict, but only in facilitating communication between the conflicting parties so that they, themselves, can come up with an agreement that is acceptable to both of them.

A psychotherapist is trained to interact with a person, family, couple or group on psychological issues using therapy or treatment to help solve the problem. It would be difficult for a psychotherapist to be a mediator because the psychotherapist is used to taking an active role in solving the problems and is trained to know what therapy or treatment would be best for specific situations. In the course of their normal work, a psychotherapist doesn’t necessarily let the person, family, couple or group work out the problems themselves and come up with mutually agreeable solutions, as he or she would need to do as a mediator.

1 comment:

  1. You are right! Communication majors are trained in the traits, which the mediators are supposed to follow during the mediation process. So communication majors can make better mediators over lawyers and psychotherapists. The traits that communication majors as mediators have are as follows:
    · First, in the view of Center for Mediation and Law at Hayward Law School, the mediator should develop “subjective neutrality” in which he or she honors the validity and truth of each person’s story without deciding who is right or wrong.
    · Second, because mediation offers the disputants an opportunity to openly talk to each other about their feelings, needs, goals and reasons for behaving as they do, mediators must maintain confidentiality.
    · Third, the mediators must be competent in communication
    · Fourth mediators are trained to facilitate communication be encouraging cooperation and discouraging competition between the parties.
    · Fifth, mediators have no decision- making power with respect to the outcome of the mediation.

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