Newsletter Article | Mediation Matters

The Overpowering Statistics Facing Immigration Mediators

According to the most recent statistics released by the U.S. Immigration and Customs Enforcement offices, 409,849 undocumented immigrants were removed from U.S. soil last year alone, with an estimated 11.5 million undocumented immigrants still living in the U.S. These numbers cast a striking light on the need for immigration reform in this country—a fact that those involved in immigration mediation understand all too well.

The past five years have seen excessive numbers of undocumented immigrants being apprehended and repatriated, but estimates are now suggesting that this trend is slowing down—perhaps even reversing—in recent years. In 2008, the Department of Homeland Security documented 792,000 foreign nationals that were apprehended and arrested, with approximately 88% being Mexican natives. That same year, Homeland Security removed 359,000 undocumented immigrants from U.S. soil, repatriating 69% to Mexico, 8% to Honduras, and 7.7% to Guatemala.

2008 also saw 97,100 criminals being removed from U.S. soil as undocumented immigrants; of that number, 36% were convicted of drug-related crimes. As drug-related crimes and illegal immigration often go hand-in-hand, immigration mediation can be a powerful way to reduce the punishment of illegal immigrants who are doing whatever it takes to survive and feed their families. Such methods of alternative dispute resolution allow law enforcement to see a better picture of the struggle faced by an illegal immigrant to find meaningful, legal work in the United States—especially in situations involving a desperate need to flee civil war, gang/cartel violence or poverty.

More recent numbers from the U.S. Immigration and Customs Enforcement offices show that in 2011, 396,906 undocumented immigrants were removed from U.S. soil, with nearly 55% showing felony or misdemeanor convictions on their records. Additionally, on April 23, 2012, the Pew Hispanic center released data showing that the net migration from Mexico to the United States has not only shown signs of stopping—it is showing signs of reversing. According to their numbers, between 2005 and 2010, although approximately 1.4 million Mexicans immigrated to the United States, that same number moved from the United States back to Mexico.

The Top Traits of the Best Mediators

Although there are different schools of thought concerning the role of a mediator and how he or she should best handle the process of facilitating a session, there are certain traits that are undeniably necessary for any mediator to possess. Regardless of what type of conflict you focus on in your business, or the type of client you most often see come through the doors of your office, harboring and honing these traits will ensure that you have what it takes to be a success in this field.

1. Humanity
This trait is vital in establishing trust and respect—two essential ingredients for any successful mediation session. Mediation often involves heightened emotions and it takes a large dose of humanity to be able to navigate the stormy waters those emotions can stir. Often, the only way to truly mediate a conflict is to achieve unity with all parties involved; it is through this aspect of mediation that the mediator serves as a bridge between the disputants, allowing them to find a common ground and meet there to reach a settlement.

2. Diligence
Mediation is not an easy task and requires a finely tuned work ethic on behalf of the mediator if success is to be achieved. The best mediators are proactive, persevering and almost relentless during the mediation process—all traits that ensure the conflict is resolved as quickly as possible so that the disputants can get back to business as usual.

3. Trustworthiness
In order to reach a level of true neutrality, both parties in dispute will need to trust that you are working on their behalf. As soon as the scales tip to favor one side over the other, you’ve lost your ability to mediate the conflict successfully. This is why it is important that a mediator maintain the trust of both parties, without question, and the only way to do this is to remain as fair and non-biased as possible during the course of the mediation session(s). Once a mediator has established himself or herself as trustworthy, that train goes a long way in making sure clients leave the table with good things to say about your services. Their reference will be the cornerstone of your business, and your trustworthiness (or lack thereof) will be what makes or breaks that cornerstone.

4. Intelligence
An intelligent mediator wins the confidence of his or her clients quickly. When your clients value your expertise and knowledge and trust it explicitly, your work with them will flow much smoother because they will respect your opinion and suggestions. Developing your knowledge base through professional development and personal study is a good plan to enact in order to grow your business and reputation for the long-term.