Valentine's Day: Hearts & Flowers Or Darts & Revenge (2/07/10)
Jeff Murphy Valentine's Day serves as a reminder of broken relationships. Divorced people are often angry and want revenge. Mediation gives the parties an opportunity to vent while allowing them to preserve the relationship. This is especially important if children are involved. This article includes comments from a divorce attorney and a therapist on how to handle divorce and Valentine's Day.
Mediating Employment Disputes (2/01/10)
Jeffrey J. Beaton We have received several questions concerning the approach to mediating disputes that arise in the workplace. We have found that mediation works well to resolve workplace disputes because it allows the parties to maintain a relationship while reducing adversarial tension and increasing the likelihood of a low cost/high benefit settlement.
Parenting Plans For Special Needs Children (2/01/10)
Dr. Lynne C. Halem All parenting situations are not the same. In particular, in families of children with special needs, the parenting plan needs to be crafted with great care. Here, parents need to think and re-think child-related situations that over the years have most challenged their coping mechanisms and include provisions for their interaction and oversight that deal specifically with these very targeted issues.
Mediation In Romania (1/31/10)
Zeno Daniel Sustac, Elena Bustea Custom is a second human nature and the Romanian justiciable has inoculated itself for years the concept that any misunderstanding should be resolved in a court of law. However, the opinion of the Romanian justiciable is about to change, due to mediation.
The Making Of A Mediator (1/25/10)
Doug Nathan Law and psychology are two common paths to mediation. Many of the professional mediators I know come from those fields. But other professions offer opportunities to develop the knowledge and skills needed to be a successful mediator. My work as a teacher and writer led me to conflict resolution.
What Facilitative Mediation Has To Offer (1/24/10)
Diane Cohen Facilitative mediation (as I know it and practice it) is the only process I know of which helps parties think about how to work through difficulties and toward a resolution of their own making without outside pressure.
Before The Deal Honeymoon Ends (1/24/10)
Frank Aquila, Kathy Bryan Even as deal activity begins to pick up, corporate decision makers remain understandably risk averse. Dealmakers must balance their need to get a deal done with the goal of avoiding costly or unnecessary mistakes.
Mediation: Staying Culturally Relevant In A Multicultural World (1/19/10)
Nina Meierding Many mediators have been trained solely in a Western-style model of mediation with Western-style tools in their “toolboxes.” Even the theoretical constructs of ADR often reflect a Western model that is not always respectful of culturally diverse concepts. While using Western techniques does not inherently mean that the interventions will not be successful, it does mean that they are less culturally sensitive. Internationally, it may also be seen as the United States bringing its process to another country that already has had its own conflict resolution processes in place for generations.
The Psychology Of Mediation, Part I: The Mediator’s Issues Of Self And Identity (1/18/10)
Elizabeth Bader The following article is excerpted from Elizabeth Bader’s forthcoming article in the Pepperdine Dispute Resolution Law Journal. In February, 2010, a second part of this article dealing with the IDR cycle will be published on Mediate.com. The IDR cycle is the cycle of inflation, deflation and realistic resolution that typically occurs in negotiation and mediation.
Recognizing Ineffective Team Patterns (1/12/10)
Maria Simpson Sometimes teams are stuck in ineffective communications patterns that aren’t even recognized although they may be having significant impact on the team’s success. These patterns can be focused on such issues as relationships, processes, behaviors, or resources. Even if you are sure your team is working well, it might be useful to step back and take a look at the patterns of communications on these issues and see if any can be improved.
All Behavior Makes Sense: A Spectrum Approach (1/11/10)
Michael Blackstock This essay will first explore a theoretical example of a spectrum of possible behaviours and why individuals may select a choice and then defend their decision (i.e. cognitive dissonance) to others, and finally how others perceive the decision. Next, this essay proposes how this tool can be used to debrief negotiations or mediations, and to further develop strategies. What does this all mean in our day-to-day world?
To Caucus Or Not To Caucus – That Is The Question (1/10/10)
Laurie Israel I have served clients in mediation in many roles -- as mediator, as reviewing attorney, as client’s attorney in the background, and as client’s advocating attorney at mediation sessions. I have seen a great range of use of caucusing by mediators (including myself), sometimes related to a mediator’s style or the mediator’s theoretical model of what mediation should be, sometimes relating to the particular facts of a case and needs of the clients.
Mediation For Seniors (1/05/10)
Norman Pickell As seniors grow older, decisions often need to be made about where to live, should the senior continue to drive, how should financial affairs be managed and what kind of medical care is appropriate. These are tough emotional decisions often requiring difficult conversations within a family.
10 Ways For Divorcing Families To Enjoy The Holidays (1/04/10)
Linda Gryczan All families experience additional stress during celebrations and holidays, but divorced families can be pushed to the limit. We are headed into a time when everyone is expected to be happy and full of good cheer, and maybe your heart is in shreds, the kids are fighting, and you are flat broke. 10 Ways for Divorcing Families to Enjoy the Holidays offers suggestions on how to agree on a schedule; simplify celebrations; keep conflict to a minimum; plan for alone time and incorporate new traditions.
Business Divorce Mediation (1/04/10)
Richard Lutringer This article addresses how mediators can assist ordinary business owners and their counsel to resolve split-up issues more efficiently and fairly than litigation or arbitration.
Decision Making: Are You Better Than Coin Flipping? (12/28/09)
Manie Spoelstra Lets assume that you and your wife have decided to buy a new car (or you are contemplating an important decision at work). You have narrowed the choice down to two SUV models. You like the German model. She prefers the Japanese one. You consult everybody, you read articles and websites, you think about the two toddlers at home and you even go for a few test-drives with both. Finally you agree on the German model. What are your chances for having made the correct decision?
NVC Conflict Coaching (12/28/09)
Ike Lasater, Julie Stiles When in conflict, we may notice that we communicate in ways that are not working; most of us, however, are not taught how to change entrenched behaviors in a way that leads us toward what we want. In this article, we explore a learning cycle based on key skills and distinctions from Nonviolent Communication that we have used to change our own behavior and to coach others through their conflicts.
Resolving Complex Construction Cost And Time Disputes (12/28/09)
Curtis W. Driver Construction cost and time disputes can become quite complex with the disputants often fixed on very different positions, for issues that can require considerable analysis by even the parties to understand. Changing party perspectives and strongholds in order to begin the resolution process can require mediator expertise on the subject matter, and sometimes evaluative input.
Copenhagen Deal Will Require More Than A Little Give And Take (12/21/09)
John Sturrock Last week, I found myself in the Bella Centre in Copenhagen, the location for the negotiations on climate change. It is a vast cavern, with scores of rooms serving as the location for talks, presentations, media activity and lobbying. I was struck by the sheer mass of people, with laptops, leaflets, cameras and TV screens, milling around in the hope of influencing discussions. That image has stayed with me as we hear daily of the difficulties facing negotiations.
Me and Joe Lieberman: Fantasy Negotiations and Little Irrationalities (12/16/09)
Robert Benjamin Joe Lieberman, the independent Senator from Connecticut, pissed me off today. First, he is screwing up the pending health care reform legislation, and second, he is forcing me to consider my commitment to negotiation and mediation. Others seem to enjoy fantasy football or picking the perfect baseball team. My amusement, as twisted as some might find it, is picturing myself in ‘the room’ negotiating the big stuff, like health care policy ‘reform’ pending in the U.S. Congress.
Challenging Conventions In Challenging Conditions: Thirty-Minute Mediations At Burning Man (12/14/09)
Ron Kelly, Tim Hedeen For the past eight years, Ron Kelly has offered mediation services at the
annual Burning Man festival. The process he designed appears to bring
significant help to disputing couples in half an hour, and useful conflict
coaching to individuals in fifteen minutes. It is tightly formatted—and
uses a kitchen timer. This interview covers the origins of his process
and explores how the creativity and generosity of the festival are available
to all mediators.
Logic Overpowers Intuition: The Obama WAR!!! (12/14/09)
Luis Miguel Diaz President Obama decided to send 30,000 troops to Afghanistan in the next six months and then begin pulling them out a year after. He overlooked negotiation and mediation as effective options to end the war. He insists on what does not function to humanly end a war: war intensification.
Simple Mediation Methods Can Help Children Resolve Disputes (12/07/09)
Michael Lang Ah, the joys of parenting. Did we sign up for this? Who said we would need to be referees? Parenting was supposed to be about loving, nurturing and educating our children. I can’t tell you the number of times my three children would squabble about food, toys, space or (most contentious of all) control of the TV remote. So, when these arguments happen, and they will, what’s a parent to do?
Mediation And Climate Change (12/07/09)
John Sturrock Climate change and its effects are no respecters of national borders. We are told that we face unprecedented alterations to weather patterns across the globe. Disruption of this sort may pose potentially serious security risks for many countries as competition for scarce resources grows and the pace of change outstrips our ability to adapt. Mass migration is one such threat. This could bring about dangerous conflicts within and between states. We will need to find ways to address these.
Cultural Mediation Is Not Cultural Mix-Mash (12/07/09)
Paola Bernardini In Italy, mediation has grown within the business setting and family context. Cultural mediation, however, has not yet gained so much public attention. This is probably due to the fact that mediation is still wrongly perceived as a form of compromise, rather than as an alternative way to do justice.
Turning Parents Into People (11/30/09)
Michael Jacobs In the world of family mediation, the ‘best interests of the children’ often take central stage. There is much to argue for in this position. While not ignoring the voice of the child, we may also need to spend time reflecting on what it might mean to also work in the ‘best interests of adults’.
Regulation Dehumanizes Mediation (11/30/09)
Luis Miguel Diaz In searching for certainty and quality in mediation, legislators and regulators are increasingly mesmerized by the enactment of mediation rules and the certification of mediators. I want to ponder the convenience of this proclivity bearing in mind a model of human nature.
Mediation As An Alternative To Therapy (11/30/09)
Diane Cohen I was drawn to mediation because of what I saw as its unique ability to create greater happiness. I saw it as an alternative to therapy in many ways that was more suitable for people who were not mentally ill and who did not feel they needed to be diagnosed and treated, but to be understood and have their needs and desires addressed.
Labor-Management Lessons For The Larger ADR Community (11/23/09)
Jerry Barrett Labor-management mediation can claim an institutional history from 1913 to the present, almost a century of existence. Any organization with nearly 100 years of continuous existence with a full time staff of mediators, an extensive body of experience and training ought not to be ignored.
Am I A Thug Hugger? (11/23/09)
Grace Eagle Reed I was giving a lecture on the work I did in a Juvenile Justice center and was trying to persuade the audience on the importance of restorative justice using transformative models of mediation and negotiation. After the lecture a man came up to me and said, “This soft on crime thing keeps more gangs on the streets. You thug huggers don’t help.” I thanked him and started to research what a ‘thug hugger’ meant.
Divorcing Couples Can Save A Lot Of Money With Mediation (11/23/09)
Cynthia M. Fox One of the hardest things about divorce is its cost, not just emotionally and psychologically, but in cold hard cash. A typical scenario is a husband, wife and two attorneys. Add the expense of outside experts if there are disputes over who can better parent their children or the valuation of an asset such as a business that one or both owns, and the bottom line is fees well into five figures for each party.
Ethics And Best Practices For Mediation Provider Organizations: 7 Years After Georgetown (11/17/09)
Diane J. Levin As readers of this blog know, the private practice of mediation in the United States remains unregulated by government. Arguably, this absence of formal regulation, licensing, and credentialing does not diminish mediation’s standing as a profession. It does, however, place weighty responsibility on the shoulders of U.S. mediators, collectively and individually, to protect the reputation of the profession and to build public confidence in mediation services.
On Becoming a Rationally Irrational Negotiator/Mediator: The 'Messy' Human Brain and the 'Myth of Rationality' - Part 1 of 5: The Irrationality of Being Too Rational (11/17/09)
Robert Benjamin While professionals like to think of themselves as rational
actors; they seldom are. Often, in fact, they are 'irrationally rational."
Neuroscientists and cognitive psychologists have discovered strong evidence tthat the functioning of the human brain is 'messy' affair and all of us are prone to being predictably irrational in our decision making. This throws into serious question the basic rationalist assumptions that underpin current negotiation and mediation practice, theory and training. If reason and emotion are inseparable in our thinking, and what is viewed as rational or irrational behavior is inevitably blurred, then distinctions hamper effective and creative practice. Practitioners might do well to consider how to become 'rationally irrational.'
Don’t Be So Square (11/16/09)
Jerome F. Weiss I recently saw my friend Lisa. She helps individuals and institutions to focus on communication, both within the institution and its workers, and how those individuals and companies interface with the outside world. I find the work fascinating, even if a bit vague, since it relates to something I focus on every day in mediation: the importance of clear communication as the foundation for better understanding and resolution of disputes.
Mediation Jokes (11/16/09)
John Kenyon There is much discussion on whether or not mediation is a profession yet one of the defining marks of a profession is when you can tell jokes about its practitioners. The truth of this observation is the public must know enough about the profession, even if only a caricature or stereotype image, to find the joke humorous. While there are a few mediation jokes around and several cartoons I don’t think we yet have reached that point. Nevertheless, I also think jokes are important to a professions self-identity and we certainly can have a go of poking fun at ourselves. So below are a few jokes I have written that hopefully might tickle our collective funny bone.
Exhilaration And Disappointment (11/16/09)
Alec Wisner How much better it would be if participants in mediation would stop being advocates wedded to their own positions and, instead, were able to honestly analyze their opponents' case and figure out what it will take to move their position.
Multi-Party Facilitation - Improvisation: How to ‘Do The Jazz’ in Multi-party Facilitations (11/12/09)
Alex Azarov Multi-party facilitations often reach such levels of complexity that the facilitator must be thoroughly prepared. However, things often don’t eventuate the way we predict and preparation alone is not enough to avoid a possible de-railing of the process. A skilled facilitator must be able to manage unexpected group dynamics in a similar way to a jazz musician taking part in an improvised performance.
Mediate.com Publishes 300th Issue of Mediate.com Weekly (11/10/09)
James Melamed, John Ford On November 10, 2009, Mediate.com publishes the 300th issue of
The Mediate.com Weekly.
The Mediate.com
Weekly began as a "monthly" in 1997 under the guidance of Founding Editor John Helie and over time became a bi-weekly and then weekly publication under the leadership of Editors John Ford and Jim Melamed. The
Weekly offers Mediate.com's latest articles, news, blogs and resources and is available for
Free. Over 15 years, more than 1,000 authors have contributed to The
Mediate.com Weekly.
Resolving Allegations Of Health Care Fraud – Does The Mediator Matter? (11/09/09)
Jerry Roscoe Few dispute the goal of ensuring better health care through enforcement efforts and their deterrent effect. Health care fraud litigation generates much attention and significant revenues. However, litigation may be less adept at meeting the goal of improving health care delivery, at least not without significant transaction costs. To the extent that resolution of fraud allegations depends on negotiation, it is incumbent upon negotiators to be as effective as possible. Where fraud negotiations are complicated by the barriers cited above, mediation is advised.
Condo Conflict – Facing A Perfect Storm! (11/09/09)
David D. Stein In the cogent, if not immortal, words of Billy Joel, “they started to fight when the money got tight. And they just didn’t count on the tears”. This is true of romantic couples being observed in
Scenes from an Italian Restaurant, families in general and, these days in particular, people living in and dealing with Common Interest Developments [CID] and Home Owner Associations [HOA].
Your Conflict Set To Music (11/02/09)
Roberta Morris Consider how orchestrated music makes people relax. Dentists pipe it into their waiting rooms to calm frayed nerves, and mediators might do the same, but music can do much more throughout a mediation.
Moving The Goalposts - How To Craft A Mediator's Proposal (11/02/09)
Alec Wisner In mediations involving commercial, business, contractual, employment, construction and insurance issues, the bottom line is most often dollars and cents. This is referred to as "distributive mediation," meaning that the size of the pie is predetermined, and the issue is limited to determining what size each claimant's slice will be. In my practice, I've developed a systemic method (sort of) through which I can narrow down my focus as much as possible in order to be able to insert my own proposal in a final effort to close the gap and obtain settlement.
Old Friends, the Internet and Mediation (10/27/09)
James Melamed A short trip to the SF Bay Area this past weekend provided me with an enhanced understanding of how integrated electronic communication has become with the coordination of complex face-to-face events, be that a soccer game, hospital visitation or, perhaps, a difficult mediation.
God Is My Copilot! (10/26/09)
Edward P. Ahrens Remember that old WWII cinematic appeal to patriotism? Made a lot of us—at least those of us old enough to have been around—run out and buy a War Bond. I never expected the theme to reappear in the context of a mediation—but, then, lots of things happen at mediations we don’t expect.
Elder Mediation Matters: Probate, Guardianship and Family Care-giving (10/26/09)
Susan Curcio M.A. Conflict associated with estate matters, adult guardianship and family care-giving can tear families apart. Present decisions regarding an aging family member can be influenced by past history. More families will be faced with difficult choices as the population ages in growing numbers. Elder Mediation offers the opportunity to avoid going through the court system which can be costly, time-consuming and divisive. A skilled Elder Mediator can help participants focus on the future and arrive at creative solutions.
Seldom Does One Size Fit All (10/26/09)
Chandana Jayalath Inter-alia the courts’ primary role is to make, interpret and define law and safeguard the public interests and social values. In contrast, ADR has come into more widespread use believing such formal processes have failed to afford real justice which would mean that parties deserve something more than what courts traditionally offer. It should not however be misled because ADR is not a panacea, anathema or a substitute to courts.
Making Settlements Last (10/19/09)
Alec Wisner A settlement is meaningless if it the parties don't respect it. Parties who don't respect settlements simply see breach as another cost of doing business, accepting further litigation if they see the overall result to be profitable.
Conflict Management Coaching at the Transportation Security Administration (10/19/09)
Cinnie Noble, Scott Becker, Sam Slosberg In 2003, the Transportation Security Administration, (TSA), an agency of the U.S. Department of Homeland Security, initiated the development of an Integrated Conflict Management System (ICMS), as part of an innovative Model Workplace Program. A Conflict Management Coaching Program (CMCP) emerged early on as one of the many unique service delivery components of this ICMS. This article discusses how this innovative program was designed and addresses how the CMCP has emerged as an integral component of TSA’s ICMS.
You Know You're Taking It Personally When.... (10/19/09)
Bill Eddy When you are involved with a high conflict person (HCP) whether personally or professionally, you have experienced how easy it is to get "hooked" into the conflict and how difficult it is to not take it personally. You can recognize the signs of taking it personally and learn how to manage your own emotions and work on solving the problem.
Divorce Mediation: Is Separate Always Better? (10/12/09)
Kregg Nance, Benjamin Papa It is our experience that the vast majority of divorce mediators in Middle Tennessee conduct all divorce mediations with the parties in separate rooms from beginning to end. This seems to be true regardless of whether the parties have children together, their ability to communicate effectively, or the general level of conflict they are experiencing. This article challenges the premise that “separate is always better” and asks whether automatically separating the parties in divorce mediation serves the parties well, especially long-term.
Let’s Be Clear, Mediation Is NOT Arbitration (10/12/09)
Alan Sharland Sadly I see commentaries about mediation which do not seem to show consistency in the thinking that underlies it, nor a rigour in the practise that follows. Mediation is often described as a process which is more akin to what I understand to be arbitration, something which, in my view is fundamentally different from mediation.
Congregational Conflict Resolution: The Pastor’s Role (10/06/09)
Lester L. Adams I am speaking to you, who are leaders of congregations. In my years of experience as an Elder, I have learned that addressing conflict is one of the most difficult things you are called to do. Because there is very little preparation or effective training in Bible college or seminaries, most leaders are ill-equipped to deal with the strife that arises in their congregation. In this article, I want to share with you a few things that I think will help you be better prepared for this task.
Avoiding the Next Generation of Climate Change Conflicts (10/04/09)
John K, Gamman, Scott McCreary America's move toward an environmental friendly future and green economy is being challenged by an unexpected source: a decision making process that too often pits the concerns of local communities and conservationists against renewable energy developers. Industrial-sized solar and wind projects needed to reach carbon reduction goals and new transmission line corridors to be part of the Smart Grid are being opposed by many communities, resulting in political stalemate. The traditional command and control regulatory process is unable to deal with this complexity. This article puts forward a strategy for resolving political conflicts related to solar, wind energy and transmission line projects.
Timing Is Everything (9/28/09)
Oran Kaufman Timing plays an important role in all aspects of mediation. What time of day is the mediation occurring? Are there things to be watchful for if the mediation is occurring in a particular month? What if one party wants to move fast and the other wants to slow down the mediation? This article explores these issues and will increase your awareness about the importance of timing in mediation.
Confronting Psychological Challenges: An Interview With Daniel Shapiro (9/28/09)
Gini Nelson This is an interview by Gini Nelson of Daniel Shapiro. Daniel is Associate Director of the Harvard Negotiation Project, and is on the faculty at Harvard Law School and in the psychiatry department at Harvard Medical School/McLean Hospital. He specializes in the psychology of negotiation. He co-authored with Roger Fisher the book Beyond Reason: Using Emotions as You Negotiate (Viking, 2005). Daniel founded and directs the International Negotiation Initiative, a Harvard-based project that develops psychologically focused strategies to reduce ethnopolitical violence.
Book Review Of Collaborative Divorce Handbook: Helping Families Without Going To Court (9/25/09)
Nan Burnett Forrest S. “Woody” Mosten has been a visionary trailblazer for over 30 years. The first time I heard Woody speak was in Denver in the late 1990’s. The topic was Unbundling Legal Services. I remember thinking, boy is he courageous! I contemplated the resistance he would surely face from the rest of legal community. When you get to know Woody, you quickly discover that he is a champion of the ones who have no voice, the client drowning in conflict; a change agent on a very large scale.
ADR = Arbitration Done Right? (9/21/09)
Jerry Roscoe Despite the fact that an increasing number of matters are negotiated through mediation, arbitration remains the process of choice for many commercial and contract disputes, particularly in health care disputes. Given the popularity of arbitration, one is reasonably safe in placing litigators into one of two categories: those who have arbitrated and those who will. Either category of advocate (or their client) might benefit from a quick review of ADR or, in this case, Arbitration Done Right.
The Application Of Motivational Interviewing In A Mediation Caucus (9/21/09)
Merriam Saunders When parties agree to mediate, there must inherently exist a certain ambivalence between the positions they hold and their desire to reach a compromise. Mediators should be able to apply the technique of motivational interviewing, especially in a mediation caucus, to assist disputants in resolving that ambivalence toward making the necessary compromise. This paper will compare the similarities between mediation and motivational interviewing objectives, and highlight the application of motivational interviewing in the mediation process.
Securing The Court’s Continued Jurisdiction Over Settlements With Future Payments (9/14/09)
Elizabeth Moreno The payment of settlements in monthly installments over two or more years is common in this economic downturn. A mediator works hard on getting the parties to agree upon the dollar amount to settle the case, but defendant’s attorney comes up with a new condition. Payments have to be made over the next two years, because defendant does not have the ready cash to pay plaintiff within 30 days.
Lawyers & Mediators: Mediation Isn’t Mediation (9/14/09)
Jeff Bean Lawyers and mediators often mean different things when they say “mediation,” and they often don’t understand they mean different things. They have a common interest in understanding the difference: to serve a new client that demands both a consensus-oriented dispute resolution process and legal advice and representation.
Mediation Would Fail In Shylock’s Approach: The Exception Of Construction Revisited (9/07/09)
Chandana Jayalath Although the idea behind mediation is to facilitate the parties to resolve the dispute on their own terms, the tendency will be to fail mediation in construction unless the mediator actively intervenes in changing the dynamic of the conflict by contractual, financial and technical evaluations. The author contends that the key elements of mediation, such as neutrality and impartiality, can still be secured in construction mediation as long as the mediator does not step over the line into judgment.
Robert Benjamin Wins ACR Haynes Award (9/04/09)
ACR Veteran mediator Robert Benjamin has won the Association for Conflict Resolution's John Haynes Distinguished Mediator Award. Benjamin will be honored for his extensive contributions to the field of conflict resolution and his creative approaches to effective mediation.
Janet Rifkin Wins Follett Award (9/03/09)
ACR Janet Rifkin, Professor of Legal Studies at the University of Massachusetts at Amherst, will be honored at the upcoming ACR Conference with the Mary Parker Follett Award for pioneering work in mediation and dispute resolution.
Johnsons Win Diversity And Equity Award (9/03/09)
ACR The Rev. Nelson Johnson and Joyce Johnson have won the Marvin E. Johnson Diversity and Equity Award from the Association for Conflict Resolution for their commitment to restorative justice, truth and reconciliation efforts in Mississippi.
Emotional Intelligence In Mediation (8/30/09)
Trip Barthel Conflict is more a state of emotional imbalance between parties than it is a resource-centered enigma. A conflict hasn’t begun until there is an emotional response, before that it is merely problem solving.
On Finding Uncommon Ground (8/30/09)
Michael Jacobs There’s a prevailing belief that mediation is about ‘finding common ground’ Mediators often exert subtle pressure in trying to squeeze positions closer together in an effort to demonstrate overlapping territory. This article argues that such pressure towards commonality may in fact be counterproductive.
