Comments: A View of Mediation in the Future

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Jim Melamed, Eugene OR   06/26/09
People are still People
I do fully agree that the psychology of being human and of conflict do not change overnight and that, even as we come to use more and more technology, we still need to attend to the same psychological issues such as creating rapport, trust and safety; most effectively working with each individual in unique ways, and working with participants to identify best options and "face saving rationale." The challenge is how to meet these psychological needs all the while bringing mediation to so many more people, more effectively and, hopefully, also at a lower price and in more convenient ways.

Jim Hildreth, Sonora CA  JimHildreth@RealEstateMediation.org     06/26/09
A View of Mediation in the Future
Well wriiten and printed for my reading multiple times as the article does give multiple ideas as to the future of mediation. Technolgy will play a role, as it is with all phases of our lives, however it will never replace the hurt and the pain of our individual conflicts, and often the face to face steps needed to resolve those disputes. Attorneys are often the gate keepers as to the path of response to conflicts and it is the wise counsel that will see the value of mediation as an alternative to litigation.

Gary , San Francisco CA   06/25/09
your article
Great job, Jim. One thing I would add, though, is a note or two about the attorney’s role in guiding her client to consider engaging mediation before filing a lawsuit. The dispute resolution community has tried for a long time to persuade litigators to do so. It does not appear to me, based purely on observation, that we have been all that successful. I have had several conversations recently with attorneys about pre-litigation mediation and none of the comments I have heard have been positive. If people wind up in conflict that they are unable to resolve on their own, they go to a lawyer. More needs to be done, I think, to get attorneys habituated to sending their clients to mediation early. Your article contains a lot of compelling language for use in making that case.

Laurel Kaufer, Calabasas CA  laurel@kaufermediation.com     06/25/09
This is a wonderful and thoughtful article. I can only hope it gets the attention of those it should, in order to spark the change we need and see coming. Thank you, Jim.