The evidence is in. After 43 years of federal practice under Rule 408 of the Federal Rules of Evidence (1975); 19 years of New York practice under CPLR 4547 (1998); and 16 years of practice in various states under the Uniform Mediation Act (2001), we can conclude: Statutory confidentiality is not necessary for effective mediation.
There are many threatening and frightening things that happen to individuals whose relationship ends up in separation or divorce. A successful divorce is one in which the parents divorce each other but do not require the child to divorce one of the parents.
Native American wisdom focuses on healing wounds, and bringing peace through good feelings, not fear. While mediations are focused principally on legal issues, Native American wisdom teaches us to be mindful of a person's emotional damage as well.
Oslo by J.T. Rogers, awarded a Tony on June 11, 2017 for best Broadway play of the season, documents the backstory secret negotiations which led to the Israeli-P.L.O. Peace Accord of 1993. This negotiation highlights the power of humility, patience and persistence.
Is it possible to use mediation skills to facilitate a more effective outcomes for formal investigations? A recent pilot project with The General Medical Council looking at’ Fitness to Practice’ has provided some interesting information.
Crisis and hostage negotiators, as well as other law enforcement personnel, continually find themselves involved in crisis situations where the pressure is placed on him or her to peacefully resolve an incident.