This is the second article in our special series on mediation authored by a university graduate or undergraduate student.  Our spotlighted student, FRADELY DELACRUZ is a senior at Monmouth University, Class of 2022, where she majors in Sociology with a concentration in Applied Research and Community Organizing, and minors in Political Science. Ms. Delacruz is  presently interning in Washington D.C. with the Congressional Hispanic Leadership Institute (CHLI), a non-partisan organization founded by Members of Congress in 1978 to advance the Hispanic Community's Economic Progress with a focus on Social Responsibility and Global Competitiveness.

In her essay “The Psychology of Mediation” Ms. Delacruz presents her research and perspective on mediation and the role the psychology of mediation plays throughout the mediation process on its participants including the mediator. In her analysis she endeavors to understand the impact of psychology and surveys how the social relevance of the psychology of mediation often has to do with the self-identity and the internal relationship one has with themselves. She also explores in what manner unjust norms, created by society’s belief system, influences our legal system and with reinforcement by our legal system unfair social issues gain acceptance of what is permissible and what is not. Ms. Delacruz addresses how the physical and mental toll rooted in racism and prejudice beliefs have overwhelmingly and negatively impacted people of color. She speaks to how this toll of racism and prejudice affected her whilst counterbalanced by a grounding from the community she grew up in, which reinforced helping those who cannot help themselves. It is this background which ultimately led her to her interest in sociology, specifically in community development and human rights consultancy. She credits her experiences with teaching her to learn how to listen to others, be able to empathize, and understand their perspective of the situation. She likewise learned the importance of never forcing a conversation and how these skills segue to mediation. She relates the importance that both parties should voluntarily want to talk about the issue at hand and be open-minded to seeing each other’s perspective. Yet, she understands how self-involvement can stop one from seeing someone else’s perspective and how self-esteem psychologically impacts and burdens one during a conflicting event. She investigates how the psychology of mediation not only impacts society on an emotional and mental level but the processes individuals undergo in decision-making, self-reflection, and self-representation, as well as the application of their decision-making that analyzes what to choose and why. She contextualizes central points of mediation and emphasizes open-mindedness from both the attendees and the mediator. Ms. Delacruz underscores how a mediator can utilize psychology to guide both sides to negotiate and compromise towards a resolution while helping to repress the mediator’s own biases and feelings. She argues that mediation is the underlying basis of promoting fairness through a restorative perspective on legal disputes for all parties involved.

Click HERE to read her essay

NJAPM is proud to feature a special series of essays on mediation authored by University graduate and/or undergraduate students.

The first essay is authored by Monmouth University student Anastasia Francisquini (Class of 2022), who majors in political science and is the president of the University’s Pre-Law Club.

Ms. Anastasia Francisquini’s essay, "A Call for Cultural Competency in Mediation" speaks to a range of social vulnerabilities for communities of Black, Indigenous, and people of color (BIPOC). She shows how the mandate for culture competency in alternative dispute resolution is essential for racially diverse areas, especially in realms of income disparity and distrust of the judicial system. Explaining in what manner cultural competency training for mediators in a broadening United States is essential for a successful resolution between parties. She argues why cultural competency and appreciation of diversification generates a need for skills to engage culture competent mediators. She maintains that strengthening this ability would help a mediator facilitate, “an open, honest, and confidential conversation between the disgruntled parties.” Ms. Francisquini makes an eloquent debate for the enduring endeavor for culture competency training in mediation to be an ongoing requirement and for its importance in the practice of mediation.

Click here to read her persuasive essay.