Taking Control/Martin Rosenfeld, JD

Posted on September 26, 2020

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The more I blog on mediation, the more I see how how many components go into a process of mediation. I just read a September 2020 blog piece by mediator Michael Jacobs at mediate.com. The theme of this piece was that of taking control. Everybody wants to control important situations. How doe one get two parties in dispute to both feel they have gained control over their mediation discussion? The answer according to Mr. Jacobs is quite elementary. The objective of the mediator should be to advise the clients that they have the power to open or close the “tap of information”. If they keep it closed, the likelihood of a resolution is significantly diminished. If they open that tap, the opportunity to find a mutually-pleasing outcome is greatly enhanced. The control power resides with the two parties. Will they choose to open or close the information tap? Mediate don’t litigate.