There is still quite a bit of confusion about what mediation is and what mediators do.  Part of the problem is that mediation is not yet a regulated industry.   Some people expect mediators to deliver decisions King Solomon style.   

Recently I was shocked and annoyed to find out that the proceedings on popular "reality" court TV shows were being billed as mediation.  The website for The People's Court specifically describes itself as drawing "on ordinary people who have filed grievances in civil court and have opted to have their cases heard and mediated by Judge Milian." 

The Uniform Mediation Act ("UMA") has been adopted by Illinois and defines mediation as "a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute." [710 ILCS 35/2(1)].  The UMA goes on to define a mediator as "an individual who conducts a mediation."  [710 ILCS 35/2(3)].  Although these definitions are a little circular one piece of the UMA definition absent from reality court shows is voluntariness.  While the parties who choose to appear on such shows do so by their own choice, they are subject to the judge's decision.  Their outcome is not by chosen by the parties.

Also, the parties are not negotiating or communicating effectively with each other.  Judge Milian and her ilk are not helping the parties to discuss their issues and develop mutually beneficial solutions.  In mediation parties may start out at odds, but with an effective mediator can end up working together to solve the problems at hand in a mutually beneficial way. 

Another hallmark of mediation missing from reality court programs is confidentiality.  One of the great parts about parties discussing their disagreements in mediation is the freedom to discuss the issues without fear of the details or potential settlement offers becoming public knowledge.  With limited exceptions like danger of imminent harm, most of what is said in the mediation stays in the mediation.  Court shows are anything but private.  They take place in a studio full of spectators and are broadcast on television.   

So why am I so bothered by learning that The People's Court is describing its process as mediation?  I have nothing against any of these shows, and may have watched an episode or two or ten.  For me the problem is that many people still are not sure what exactly mediation is.  When Googling mediation topics, many of the sites to come up involve "meditation."  Having popular daytime shows contribute to misunderstandings about mediation helps no one.