Subscribe:
RSS feed
-
Subscribe
Subscribed
Already have a WordPress.com account? Log in now.
Can you see some relevance to mediation process in this quote by the late renowened physicist, Niels Bohr: “Every great and deep difficulty bears in itself its own solution. It forces us to change our thinking in order to find it.”― Niels Bohr We can effect this change in thinking by reality testing, brainstorming, active listening, […]
May 10, 2024
It can be very therapeutic for a person to offer an apology during a mediation session. The key to such a proffer is that the person who initiates it must not use this as a bargaining chip; i.e. If I apologize, will you do the same.” After an apology, renewed trust can come about between […]
April 13, 2024
The ability to identify with another person’s anguish is a function of empathy. A mediator should strive to get the parties to have an enhanced sense of empathy for the opposing party. In his book, “Judaism’s Life-Changing Ideas”, Rabbi Dr. Jonathan Sacks, has a chapter on empathy. The author describes how narrative is how we […]
April 13, 2024
In a recent post on mediate.com., Joy Rosenthal, mediator and litigator, opined that the most important role of the mediator is to get each party understand the other party’s point of view. While it may be somewhat tenuous to try to label the absolute most important role of the mediator, there is no question that […]
March 10, 2024
On January 30, 2024, Dr. Ann Buscho’s blog on divorce was published here: https://www.psychologytoday.com/us/blog/a-better-divorce/202401/7-emotions-how-it-may-feel-to-decide-to-divorce. The many powerful emotions that accompany divorce were described in such terms as grief, shame, anxiety and anger. For those parties who choose to litigate their divorce, there will be a delayed opportunity to try to heal from the divorce process. […]
March 2, 2024
Erin Levine on February 4, 2024, wrote an article at https://www.yourtango.com/heartbreak/how-have-amicable-divorce-strategically-simple-steps. Ms. Levine, by implication, mentions a concern that is all too common. The parties in a dispute agree to mediation but little else. This is not uncommon. An introductory meeting between the parties e.g. getting divorced, could discuss when, how and where discussions meant […]
March 2, 2024
Katie Shonk, writing on February 27, 2024 for the Harvard PON (Program on Negotiation), had this information about a rarely-utilized ADR tool known as Med-Arb Arb-Med “In arb-med, another among the types of mediation, a trained, neutral third party hears disputants’ evidence and testimony in an arbitration; writes an award but keeps it from the […]
February 14, 2024
Artificial Intelligence (AI) has been in the news for its ability to mimic voices, write essays, compose music, etc. Well, if you visit this link https://news.bloomberglaw.com/us-law-week/ai-is-smart-but-it-cant-replicate-the-human-touch-in-mediation you will see something AI cannot do. According to writer Joseph Panetta, writing on August 17, 2023, AI can’t perform mediation work. As Mr. Panetta sums up his thesis: […]
January 28, 2024
So many people engaged in disputes choose litigation over mediation. Isn’t there something good to say about litigation? Well, firstly, it takes two to mediate a case. In some situations, litigation is the only option. In addition, some like the rigid and structured nature of the court system. Too, they don’t like engaging their “opponent” […]
January 28, 2024
The Harvard Program on Negotiation posed an interesting question at https://www.pon.harvard.edu/daily/mediation/dealing-with-an-abrasive-mediator-nb/?utm_source=WhatCountsEmail&utm_medium=daily&utm_date=2023-05-04-06-30-00&mqsc=E4151888 Could an abrasive mediator be helpful in getting parties to an agreement? The thesis that was presented was that this sometimes works because an abrasive mediator unites the parties in trying to unite so they can get to an agreement. If they can’t count […]
Articles About Civil and Dignified Divorce 
May 10, 2024
0