The Art of the Simple in Mediation

The Art of the Simple in Mediation

I have no idea what I will do when I go to mediate a matter. After 30 years of practice the  only thing I know is that the parties are stuck and if they have lawyers, the lawyers are  stuck. …

Most Effective Use of a Conflict Mode

Most Effective Use of a Conflict Mode

Even if you choose to avoid for the right reasons, does it make a difference what you actually say to people just before you withdraw from the situation? One person might avoid a conflict by expressing himself this way: “I’ve…

Managing Confrontational Behavior in Mediations

Managing Confrontational Behavior in Mediations

As professional mediators, we are accustomed to observing and dealing with challenging and unproductive behaviors. Our training and experience provide us with the insight that helps us to discern emotionally driven behavior as opposed to behavior that is grounded in…

Decision Making and Taking Decision in Mediation

Decision Making and Taking Decision in Mediation

“Certainty is a cruel mindset. It hardens our mindset against possibility.” ~ Ellen J. Langer Decision making is a process. Taking a decision is an act. In mediation, parties’ right of self-determination is to be respected. By no stretch of…

Learning from Every Mediation

Learning from Every Mediation

Learning from Every Mediation  I have been mediating for over twenty-five years. During this time, I have had many different experiences with clients, including the good and the bad. I have also had experiences that exceed good — mediation can…

What is a Mediator?

What is a Mediator?

The common attribution to the word ‘Mediator’ is one who is neutral, one helps to resolve or one who helps to balance the power to create a space for negotiation and navigate through barriers created by perspectives. A mediator, like…