Learning & events
PDG event | Mediation and the grieving process
with Ruth Beach
Thursday 31 October 2019 | Adelaide
Parties to a dispute are caught in the midst of a conflict. This goes without saying.
However, the parties do not 'live the dispute' in isolation. While the dispute is running, parties are in the midst of their lives - working, bringing up children, looking after family members, catching up with friends. Of course, parties to a dispute are also instructing solicitors, responding to the other party and the court's requirements and planning their case.
In addition to these responsibilities parties are often suffering emotional trauma. Usually, in the first instance, the parties had an expectation as to how the issues in dispute would turn out. It goes without saying, that by the time of the mediation, things haven't happened as planned. Parties may be angry at the other side, third parties and themselves; they may be disappointed at how things have panned out; they may be in denial that the dispute is even occurring and at some stage they may well accept the circumstances of the dispute.
In the 1970s, Elizabeth Kubler-Ross set out 5 stages of the grieving process. There are many other theories on this grieving process and they typically relate to loss when a loved one has died. However, given the expectations around a dispute parties too have suffered a loss and unwittingly find themselves in a 'grieving process'.
These feelings of loss can be intense where important personal relationships are at stake or where there's a business or other personal loss. This grieving process exists whether the dispute is at a local, national or international level.
Given these circumstances of grief, how can the mediation be best conducted to assist the parties to find resolution? What tools can be utilised by the mediator to assist the parties find a resolution in the circumstances of their grief and loss?
This presentation will explore the grief that parties may be suffering as it's often in relating to and hearing a parties' suffering that the parties can let go of the past and better examine options for resolution. The presentation will also examine the tools a mediator can utilise to assist the parties find resolution with the other party or within themselves.
About the presenter
Thanks to Belperio Clark Lawyers for generously supporting this event.