The Dark Side of Mediation

The Dark Side of Mediation

Many attempts have been made to link theory to practice, yet mediation, particularly in the context of litigated cases, stubbornly defies scientific evaluation’s; That explains why I expected to dislike Debbie De Girolamo’s treatise, The Fugitive Identity of Mediation: Negotiations, Shift Changes and Allusionary Action.

Transformative Moments in Commercial Mediation

Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers.

The Dangers of Being a “Bad Ass” Woman Mediator

Yesterday was an interesting day for me.  I spent the day in a training for a Personnel Commission for which I have served as a Hearing Officer for over a decade.  At its conclusion, a very young female participant in the training took me aside and complemented me for being a “bad ass” woman whom she hoped to emulate in her burgeoning career.

Lessons for Mediation from a Toddler’s View

Mediation can be hard.  Often, the parties start out a great distance apart, work towards narrowing the gap, but occasionally can’t quite straddle the gulf to come to an agreement in a single day.  Last week, I gave my final lesson to my students at Pepperdine on sophisticated steps for breaking an impasse.  I told them that it was a matter of both skill and faith.

Using the Holidays to Gain Perspective in Future Conflicts

In every conflict, and during every mediation, each disputant has an option of dwelling upon the misery of the past, or focusing upon the good that has come from ending the conflict and looking towards better days ahead.  For me, Thanksgiving is a great opportunity to remind ourselves that gratitude is an attitude.

Taking a Break to Be Introspective in Mediation

Some may have noticed that I have taken a 30 day hiatus from blogging.  I did it intentionally, because I needed to tamp down the noise of every day conflict and listen without adding my voice to the chaos.  I saw that Maria Shriver took a month off from her regular blog in August, and I thought it was time for me to try my hands at stillness for these past 30 days.  

Mediating tragedy: deciding who gets What When disaster Strikes

Kenneth Feinberg is a mediator who sleeps well every night after getting countless victims of America’s most notOrious tragedies to “yes.” Feinberg, a lawyer, mediator, and author of the new book, “Who Gets What: Fair Compensation after Tragedy and Financial Upheaval,” concedes that sometimes he wishes he also held degrees in divinity and psychology.

Critical mistakes lawyers make in mediating employment cases

By Careful preparation, Strategic negotiation and unfailing Optimism, most every Case can be closed through mediation It is 10:25 a.m., and your client has just arrived (25 minutes late) for the mediation. The mediator is already in the other room with your opposing counsel breaking the ice and getting a better understanding of the fine …

Read moreCritical mistakes lawyers make in mediating employment cases

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