The Only Impartial Direction is Up
Here’s me trying to persuade another mediator that she’s not being impartial if settlement is her goal. I’m not going to be able to persuade her, but what do you think?
10 Things People In Conflict Say and What They Might Mean According to Transformative Theory
Transformative mediators generally don’t reframe what parties say. We want parties to make their own choices about what they say and about when, how and whether they adjust their perspective.
The Transformative Approach to Mediation vs. the Mainstream Approach
In the video interview conducted by CuttingEdgeLaw.com here’s what Dan Simon says about the interest-based, Facilitative or problem-solving approach to mediation, along with an introduction to the very different Transformative approach…
Mediator Loses Control – and Good Things Happen
“This mediation probably won’t go anywhere – the parties are too far apart. And, by the way, I’m pretty sure my client won’t want to be in the same room with the other party.” Ok, got it. And of course, we only need to continue the mediation for as long as you feel like it’s worth doing.
Transformative Mediation Program Helps Ohio Employees
Calls kept coming in to the Ohio Employees’ EAP program. Some calls came from a supervisor who was having trouble dealing with an employee. Some came from an employee who was having trouble with a supervisor. Sometimes it was co-workers who were in conflict with each other. Regardless of whom the conflict involved, the EAP was underequipped to help.
Positional Bargaining is more a Symptom than a Cause
Defendant’s Lawyer: ”We’ll reluctantly offer you $5,000. We’re doing that simply to avoid the costs of ongoing litigation. We don’t believe your case has merit.”
Really, Its Not About the Money!
“Dude, I want to give you this. And I want to tell you why.” I stuck out my hand and my friend of over 15 years handed me $240 cash in twenties, rolled up. I’ve been thinking about it, and I was asking myself ‘what can I do?’ and I realized this is something I can do.
The World’s Next Top Mediation Model, Part 2
For many who study transformative mediation, it’s hard to focus on clients’ interaction (which, as discussed in Part I, is characterized by a sense of weakness and self-absorption in relation to each other)- we’re so accustomed to thinking ahead to possible solutions to their problem. So transformative mediation trainings give participants opportunities to experience empowerment and recognition shifts themselves.
The World’s Next Top Mediation Model, Part 1
I estimate it took me 5 years of trying until I fully embraced the transformative perspective. I had started out mediating by assuming my job was to uncover underlying interests, then help both sides figure out how to get as much of what they wanted as possible, and help them accept that they couldn’t get everything they wanted.