The Portrayal of Mediation

Through Media

Bianca Keys

The Accord Group, Australia

www.accordgroup.com.au

Why Is This Topic Important?

* Managing Expectations: Process, Role, Outcomes

* Clarifying Misunderstanding based on Dubious Exposure to

Mediation

"First the trust obtained the services of a person purporting to be

a mediator who was in fact an acquaintance of [the employer]

and a friend of the other supervisor…Second, [the employee] had

no input and or any say about the mediator for the meeting…the

"mediator" then did most of the talking for [the employer] and

gave [the employee] three oral warnings during the meeting.

The mediator then handed her a pre-prepared written warning”

The Cinema, the Candy Bar Lady and the Black Jelly Bean, Sydney Morning Herald, 21 June 2012

Where to Begin?

The “Unsung” Hero: The Mediator

• Prevalence of Legal, Court-Room Drama gives the viewer

some idea (however distorted) of the adversarial system.

• Where are the mediators?

• In those limited examples in which mediation is staged,

how realistically is the process and role of mediator

portrayed?

The Big Screen

• Hollywood has a lot to answer for: Where are the Mediators?

• Equally disturbing – The quality of the message (where

mediation is included)

• Disclosure (1994) – Arbitration or Discovery disguised as

“mediation”

• The Wedding Crashers (2005) – Owen Wilson and Vince

Vaughn as Mediators?

The Wedding Crashers (2005)

The Small Screen

• Examples from American Television

– The Good Wife

– Harry’s Law

– Star Trek: The Next Generation

• Fairly Legal – The Birth of a New TV Heroine/Mediator?

• A Time of Change?

Fairly Legal – Pilot Episode

The “Even Smaller” Screen

• Australian Soap Operas to the Rescue?

– Neighbours (3 mediations in 6 years)

– Home & Away (2 mediations 2002-2012)

• The Importance (or Unimportance) given to the Mediator’s Role

• Utility and Neutrality?

Reality Television

• Are you cringing?

• No Australian Examples (Yet)

• USA and UK examples

USA “The Peacemaker”

Casting Call – Acting Role for Mediators?

“GOT A BEEF WITH YOUR FRIEND OR FOE? NEED VALIDATION… OR

MAYBE CLOSURE?

Ever wish there was a professional way to settle your personal drama? MTV

Networks is casting for a new show where a trained mediator helps two high

school students who have an issue with each other resolve their dispute. We’re

interested in hearing all kinds of stories. For example: Do you have a friend that

always borrows money and never pays you back? Did someone start a rumor

about you that has had lasting effects? Did a fellow student bring uninvited guests

to your party then they trashed your home or disrespected you? Did an ex

vandalize your property, like keying your car? … If your recent ‘falling out’

needs resolution – then email us.”

Casting Call for Mediation, MTV Network, 12 December 2011

http://realitywanted.com/cal/14721-now-casting-mtv-mediation-show

Casting Calls Continued…..

“NOW CASTING: MOTHER-DAUGHTER EXPERIENCING CONFLICT

"MOMMY MEDIATOR”

A new pilot presentation is seeking moms who are having big problems being the

mother their teenage daughters (and/or children & spouse) want them to be….

*Are you finding yourself in big arguments with your teenage daughter (and/or

children and partner) about the way you parent?....

*Sick of the yelling and the criticism and want to mend your relationships with

your teenager, children and spouse?

This new pilot looks to mediate in households with moms who may feel like

outsiders in their own homes. If you're sick of feeling like the "bad mom" and

want to regain a better relationship with your family, please contact us

immediately! “

Casting Call for “Mommy Mediator”, 27 December 2011

http://www.realitywanted.com/call/14849-mommy-mediator-now-casting

Next Door

Nightmares (UK)

From excessive bongo playing to tall conifer

trees, Next Door Nightmares will either fill you

with relief that you don’t have such

inconsiderate neighbours, or with hope that a

reasonable solution is possible.

New to Sky1 HD, this documentary brings

warring neighbours together in an attempt to

resolve their ongoing feuds with mediators,

many of whom are volunteers, sent in to try and

defuse the situation.

Their job is not without risk – those involved in

long-running disputes may be on the verge of

violence, and otherwise reasonable homeowners

are driven to fury by their inconsiderate

neighbours.

Each episode follows the mediators as they

attempt to reconcile rows – from the moment

they’re called, through the negotiation process,

and culminates in a face-to-face meeting

between the quarrelling parties.

We’ve all had irritating

neighbours. But as Next

Door Nightmares shows,

barking dogs and

trumpet-learning

children are the least of

your worries.

http://sky1.sky.com/next-door-nightmares-helping-you-love-thy-

neighbour?DCMP=Sky1-search-sslc

The You Tube Phenomenon

Where to From Here?

• Mediators as Educators

• Collective ways to reach mass audiences?

• Examples

– NADRAC’s Guide to Dispute Resolution

– Role of the MSB?

• How do we create a visual?

• How do we influence those writing the scripts/creating the

shows?

• How can we effectively use social media (and portray a

consistent message)?

Let’s Keep the Conversation Alive!

Bianca Keys – The Accord Group

www.accordgroup.com.au

http://www.linkedin.com/in/biancakeys