Last weekend, I attended a conference of fellow mediators. One of the points raised was that mediating via Zoom, or any other video-conference platform requires a different skill set and for those new mediators (of less than three years) , it may be the only skill set they know. That [Read More]
This semester I am teaching an online Employment Dispute Mediation course at USC Gould School of Law. Using employment law as the substantive vehicle, I am teaching my students essentially how to be mediators from “soup to nuts.” In teaching them how to mediate, I note to my students repeatedly [Read More]
A recent survey ( NADN-2022-SurveyOfLitigators-ViewsOnODR[64656] ) conducted by the National Academy of Distinguished Neutrals found that prior to the pandemic and lock down in March 2020 only about 2% of litigation attorneys had ever attended a mediation or arbitration using a video conference platform. But thanks to the pandemic, as [Read More]
Searching for some inspiration for my next blog post, I came across an article in The Conversation entitled, “How the presence of pets builds trust among people”. Noting that 90 million American households have at least one pet, the author Megan Mueller notes that “… research shows our pets can [Read More]
Teaching the art and science of mediation brings to my consciousness a lot of pointers that otherwise reside in my subconscious. Two of them are the fine art of persuasion and the tool of persistence. The textbook used in class (Frenkel, Douglas N. and Stark, James H. The Practice of [Read More]
Why do mediators request briefs from the parties? No- it is not just to learn about the case. Their more important function is to force the parties to think and analyze their case; to give some thought about the strengths and weaknesses of their respective cases and consequently, their position [Read More]
The end of the semester is drawing near in my online employment mediation dispute class. The theme of the last discussion board is reflective: what three things has each student learned from or skills developed or improved upon in this course. There is a saying to the effect that as [Read More]
No doubt, you have encountered the situation where you are addressing a group of people and ask a question and are met with silence… absolute quiet! It feels awkward… no one is answering your question.(Indeed, Anglophones can not tolerate more than four seconds of silence while the Japanese can tolerate [Read More]
