Mediation – the process that every law student should recognize

My dear colleagues, do you have any idea what the mediation process involves? Mediation it is one of my interests because we all have feelings and thoughts. With the amount of people going to court, it provides an excellent tool for conflict resolution. Dr Boileau has shared his thoughts and research regarding the practice, theory and developments of mediation which has made a positive impact on interpersonal conflicts. The mediation process is currently very limited in scope and many people view mediation as a pre-requisite before going to court, rather than treating it as a valuable source of conflict resolution in its own right.

The mediation process involves taking practical steps toward good conflict resolution. Mediation is one area of law that you will need a deeper understanding of, if you want to improve your legal skills.

A typical understanding of mediation is a method of “creating an effective atmosphere, clarifying perceptions, focusing on individual and shared needs, building shared positive power, learning from the past while moving forward, and generating viable and mutual opinions” (Dr. Kevin Boileau, 2014, p.33). However, there is no one methodology or pattern to the process of mediation, which makes the subject very interesting. Therefore, it is important to understand the countless ways in which mediation can help maintain a relationship between conflicted parties, so that a reasonable solution can be found with or without needing to go to court.

As I am interested in various areas of legal studies, and places where we can work after graduation, I found some interesting reading material to complement our studies. Dr Boileau’s book “The Myth of Mediation Neutrality: The Psychoanalytic, Phenomenological, and Linguistic-Structural Approach to Mediation” (available on Amazon here) offers his introduction to conflict solutions, situations and the different interpretations and approaches toward mediation that are commonplace. Dr Kevin Boileau, Ph.D., J.D., LL.M. is an international lawyer, mediator, psychoanalyst and the Managing Partner of the mediation firm Boileau Conflict Solutions in California. His literature will undoubtedly help increase your professional vocabulary and knowledge, which will help shape your future career.

What fascinates me the most is Dr Boileau’s philosophical approach to the problems associated with mediation. His book provides very detailed information into what the mediator does during the mediation process and looks closely at the notion of mediation that goes beyond the idea of ‘needs and rights’, which is very interesting.

Remember, you are not alone. There are plenty of theories that can offer conflict resolution. As law students, we all have a keen interest in law. We constantly seek a better understanding of the problems and situations that clients find themselves in, and Dr Boileau’s book offers an invaluable source of information in relation to the different approaches available and the role of mediators.


Written by:
Anna Augustyn – OULS  Reporter


Leave a reply

©2019 Open University Law Society

Log in with your credentials


Forgot your details?