Light bulb moments for mediators

How many mediators does it take to change a light bulb?

Mediation law drafter and trainer, Professor Nadja Alexander, used the format of an old joke to explain in a humorous way the complications of mediation.

She was speaking during an awards ceremony for more than twenty accredited mediators who received certificates on Wednesday after two weeks of training.“How many mediators does it take to change a light bulb?,” she asked the graduates, which included Justices of the Supreme Court and senior civil servants.

“First of all let’s be clear that it isn’t the mediator’s function to change the light bulb.“ No,” she said, “the mediator will explore with the light bulb how it feels about the on and off button, the on and off nature of its job, about its unhappiness of always having to work nights and then the relationships with the other partners including the new light bulbs that it feels are threatening their position.

“The mediators will talk to the new light bulbs refraining and normalizing their observations and that the principal light bulb completely out of its box, and identifying that the real issue that is been picked up on, is that, by focusing on the light bulb one at a time, is really undermining their team’s spirit.

“The mediator will then both guide the darkness and the light bulbs new and old to a mature solution, reflecting their new understanding of each other and then their relationship.

“Bright sparks among you will have to realize that you will be left in the dark because the final outcome is confidential,” she joked, before turning serious.

 “Today is a very poignant day for me because, officially, it’s my last day on the project. “Nevertheless it’s a milestone and a very emotional one for me and Mike,” (her husband).

“I firstly entered Samoa for this project in August 2011, just for a week.

“Many of you have worked so hard to make mediation in Samoa a reality and I salute you all and acknowledge you for your part in this ongoing term.”

His Honor Chief Justice Patu Falefatu Sapolu acknowledged Professor Nadja Alexander for the excellent training that she had provided, which made it possible for them to be accredited yesterday as mediators.

He also stated that because of Professor Nadja, mediation in Samoa will always be in debted to her. Chief Justice Sapolu also stated that because of her training in mediation she deserves to be called the “Mother of Mediation in Samoa.

“This is also her last visit to Samoa as part of the International Finance Corporation Commercial Mediation Project because the project has come to an end.

“I would like to congratulate all of the accredited mediators.

“This is an important achievement for all of us,” he said. “Our accreditation has increased the number of mediators in our country. “We will now be joining the mediation profession.

“Nadja has built a solid and firm foundation for mediation in Samoa.”

The Chief Justice said that it would be for the mediation profession in Samoa to answer and build on that foundation.

“Mediation has a wide scope; it is not restricted to disputes that have already been placed before the courts. “Mediation as we now know applies to almost every kind of dispute, including those disputes which are not before the court.”

Chief Justice Sapolu said Samoa had been discussing a Samoa mediation centre for some time.

“Such a centre will provide the facilities for mediation and for mediation in training and the public may take their disputes straight to the mediation centre for resolution.

“If their disputes are not resolved by mediation, the courts are still available. “Finally, I wish to thank you Professor Nadja, I am sure all of us here who have been closely associated with you over the last two years on this IFC commercial Mediation Project will miss you, but we feel comfortable that you and Mike will continue to visit Samoa in the future.

“Lastly on behalf of my judicial colleagues we thank you once again for establishing a system of courts and its mediation.

“It has already, as I have said, eased the pressure from the courts. Professor Fui Le’apai Tu’ua Ilaoa Asofou So’o said a few words to thank everyone who helped them along with their training, using some humour of his own.

“We all know that our one week period of detention at the Le Uaina resort in Faleapuna, has been an experience and more.

“We know now that we went there with a well ingrained mindset attitude to mediation generally, because of the nature of our current work, and the fact that most of us at the third mediators training group are matais and parents.

“We went there with a mindset that we direct things, we instruct, we advise and we help create resolutions - in fact we make resolutions - and it has also been engraved in us that ultimately we have to come up with solutions, and the quicker we come up with solutions the better.

“And we are constantly reinforced if we do that,” said Professor Fui. “Now we know a lot of that is a no-no. “The Professor has aptly and eloquently summarised the key skills that help you come out of the mediating training.

“We know now that we are sitting there as mediators, it’s not our problem, it’s their problem, we don’t own anything other than the process.

“We keep reality checking ourselves so we’ve learned all that. “We have also learned more in our one week at Faleapuna.”

On behalf of the graduating class this year, Professor Fui said he would like to give a note of thanks to some people: “The Chief Justice for the initiative, the foresight and the Tofā Silasila Mamao, to have mediation as part of our court resolution mechanisms and he has summarized the benefits and the values of mediation in our resolution systems.

“I'd like to thank Professor Alexander, after the first day of the training we realized that there is probably a lot of theory behind all the things you were teaching us, but you have made everything so simple that it was very easy to learn and we understood what you wanted us to learn.

“We know that you have given us that thing of wisdom, which some of us have read, a lot of us have yet to read it and few of us have already lost it, thank you very much.” Jokes aside, he praised Professor Alexander for her contributions.

“You are such an excellent teacher and thank you for all that great experience and imparting of your knowledge and experience to us.

“Thank you to everyone that was part of the process helping us along. This included the mediation coaches, even when their coaching styles were confusing to the mediation trainees. “Each coach has his/her own style and sometimes we get confused, but then we ask the Professor and she said, ‘so they should be’, because everyone has a different mediation style.

“Thank you again Professor and Mike, as they said in Samoan - Folau ia i lagi ma, ma ia tumu pea le utu” which means - “May you continue to sail under clear skies and your wisdom be continuously replenished.”