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]
Like many folks, I have watched the Summer Olympics occasionally during the last week or so. The one thing that struck me is that not only are the competitors racing against each other, but they are racing against the clock, trying to set new world and/or Olympic records. Can the [Read More]
One of the most important aspects of mediation is self-determination. Standard 1 of the Model Standards of Conduct for Mediation is entitled "Self-Determination." It provides that a mediator shall conduct a mediation based on self-determination which it defines as the "act of coming to a voluntary uncoerced decision in which [Read More]
Several weeks ago, I posted a blog about a book I recently read, Negotiating the Impossible by Deepak Malhotra (Berrett-Koehler Publishers, Inc., Oakland, Ca. 2016). In it, the author notes that three things are paramount to resolving the most intractable disputes: Framing, Process and Empathy. By “framing”, the author means [Read More]
In 2005, the American Bar Association together with other organizations, adopted the Model Standards of Conduct for Mediators. Standard 1 entitled “Self Determination” defines it as … the act of coming to a voluntary, uncoerced decision in which each party makes free and informed choices as to process and outcome. [Read More]
"Multi-tasking" took on a whole new meaning for me the other day when I conducted two mediations simultaneously, i.e. at the same time! Sounds strange, doesn't it? It came about at the last minute. I already had one scheduled for the morning. During the previous afternoon, defense counsel telephoned to [Read More]
