I attended a conference for mediators this past weekend. One of the participants raised the question for the parties attending a mediation: which is more important, self-determination or the impartiality of the mediator? The notion of self-determination is set out in Standard 1 of the Model Standards of Conduct for [Read More]
Mediation is a process of change. It is a transformation, and like all transformations, it takes time. Through this process, perceptions change, and this does not happen in a nanosecond. So, unless carefully orchestrated, a mediation will not result in a settlement. Too many things can go wrong. I make [Read More]
A recent mediation involved restoring a vehicle. The plaintiff alleged she was overcharged, which the defendants disputed. To resolve the litigation, the plaintiff wanted a substantial portion of her money refunded. After a few hours of negotiating different installment payment plans, and frankly, when I thought we were at the [Read More]
In teaching mediation, I discuss the notion that mediation is a process of change, and like all changes, it takes time. It is often a slow process because it entails transformation. The mediation session is a transformation: it transforms one’s thinking. A party will walk into the session thinking one [Read More]
One of the areas we cover in my online Employment Dispute Mediation Class is what is mediable or negotiable and what is not. For example, disputed issues of fact and law are not negotiable because they will be decided by a trier of fact, be it a judge or jury. [Read More]
Most people attend mediation, fully engaged and committed to the process, hoping to resolve a matter. However, there are some who attend mediation with no real desire to settle, despite their outward claims. I had such a mediation the other day. It was court-ordered on the eve of trial. The [Read More]
I am in a quandary. Whenever I have a mediation that does not settle at mediation, I follow up. But the question arises: what is the best way? Should I do it by telephone? E-mail? Text? Some of the above? All of the above? This quandary came to mind in [Read More]
The Economist magazine has a feature called “Bartley,” which discusses business management. A recent article entitled “Why We Need to Laugh at Work” discusses the importance of humor in the workplace. Among other things, the article points out the obvious: “… a sense of humour is, by and large, a [Read More]
