Mediation and Healing
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July 2004 |

Aside from these parallels, energy work may be used in mediation—or any negotiation—in a variety of ways. Whether one draws on techniques from Therapeutic Touch, Healing Touch, Polarity Therapy, the Barbara Brennan Healing Science methods that I learned, or even theories from acupuncture and traditional oriental medicine and/or the martial arts, a key to energy work is setting one’s intention. In the latter traditions, intentionality often is said to be rooted in the hara, a physical and energetic point in which one concentrates attention, awareness, focus, breath. By clarifying and then aligning intentionality in the hara, one can hope to produce a better result.
Thus, prior to entering into a negotiation and during the process, whatever emotions are swirling, one can fuel the exchange, through remembrance and the breath, to continually reset intention. For example, if the intention is to have a healing between the parties—a mutual understanding that repairs the cords between them and enhances relationship—hold that through the meeting. If the intention is to come up with creative, win-win solutions during brainstorming, holding that intention similarly should assist the process.
Of course, ethically (and spiritually), one should hold intentions that are sound, that produce satisfactory results for all sides; holding the intention to “defeat” the other in a win-lose, one-up/one-down dynamic facilitates neither wise agreement nor a better outcome. Similarly, holding a negative intention for the “adversary” as a means to wrestle advantage is neither wise nor advisable. On the other hand, understanding the interconnectedness of everyone in the room—including the mediators as well as the negotiators—can help set an intention that benefits everyone, and infuses the process with positive charge. There is much to be set about the application of techniques from energy to the world of mediation; understanding and wisely using intentionality is a good start.
Biography
Michael H. Cohen, JD
Education: B.A., Columbia University, New York, 1983. J.D., Boalt Hall School of Law, University of California, Berkeley, 1986. M.B.A., Haas School of Management, University of California, Berkeley, 1988. M.F.A., Iowa Writers' Workshop, University of Iowa, 1990.
Member of the Bar: California (1999), Massachusetts (1988), New York (1988), Washington D.C. (2000).
Selected Legal Experience: Legislative Aide, New York City Councilman Henry J. Stern (1982). Assistant Investment Officer, Municipal Assistance Corporation for the City of New York (1983). Invited to Boston University Law Review (1984). Invited to California Law Review (1984). Member and Book Review Editor, California Law Review (1984-86). Law Clerk, Judge Thomas P. Griesa, United States District Court, Southern District of New York (1986-87). Associate, Davis Polk & Wardwell, New York (corporate department), New York (1990-93). Associate, Shereff, Friedman, Hoffman & Goodman (litigation department), New York (1993). Adjunct Instructor, Brooklyn Law School (1993; legal writing, moot court); Associate Professor, Widener University School of Law and Chapman University School of Law (1993-99; civil procedure, conflicts of laws, constitutional law, criminal law, health law, insurance law); Visiting Professor, Arizona State University (East Campus 1999-00). Associate, Burkhalter, Michaels & George, Orange County, California (2000; Of Counsel, 2001-02). Senior Lecturer, College of the Bahamas (UWI/LLB Program) (2005-; intellectual property, legal methods, law of international organizations, private international law). Principal, Law Offices of Michael H. Cohen (opened in 1999).
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