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October 31, 2020
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?Dan: So when you mediate, you try to settle the case, right?Other...
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. We even support parties as they say things that offend the other...
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:Facilitative: The...
The transformative theory of conflict describes the virtuous cycle that can occur when people who have been in conflict become more empowered and more responsive. The recent progress of marriage equality in the USA might provide an example of how this can work on a...
“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...
State of Ohio Noticed the NeedCalls 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...
“I’m doing it because I want to, not because you told me to,” said in a mocking na-na-na-na-na sort of way, was a line heard often between my siblings when I was a kid. Nobody wanted to be bossed around by a sibling. So if you happened to want to do...
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.”Plaintiff’s Lawyer: ”We believe our case does have merit, and we believe a jury...
“Hi Jane, great to meet you,” I said to my co-mediator. We were paired up as part of a volunteer program connected to family court. We’d been asked to help with a parenting dispute between a never-married couple involving their 2 year-old son. We met...
“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...
Two guys across the aisle from me on a crowded plane, still at the departure gate, in a 2-person row, had the following conversation: Glasses Guy: ”Can I have a little bit of that armrest?” Big Guy: ”No.” Glasses Guy:...
How the Transformative Mediator Helps 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)-...