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Mediation Inc: Creative Solutions for Disputes --
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Fall/Winter 2019
 
 
 Problem Solving and Dimensional Insight
 

Disputes in the personal space or business place are challenging and never about what they're about. They are personal, relational and emotional and transcend the narrow boundaries that legal context permits. In the hands of lawyers - even the best lawyers - they can too often be bound by the binary limitations  of the court room: win/lose, good/bad, right/wrong, black/white, yes/no. 

We in the neutral community who study this kind of thing know empirically that clients don't like the binary battle and its limitations,  in large measure because the actual complexity of most,  if not all disputes is so limited by litigation and its oversimplified "issue" battle.  Trials simply don't  permit the analysis, understanding and yes, finality necessary for durable resolution;  something  that provides disputants significantly more at the end of the process than holding their nose.  Namely, giving warring parties control and understanding instead of having strangers writing the ultimate history of what happened, which may or more likely, may not resemble what really happened.

That's where mediation comes in: by providing the opportunity to view the complexity of the dispute and allowing a deeper look - more than just "done and on to the next case".   For clients it renders what is usually long-awaited finality.  For good lawyers it gives the opportunity to not only bring the clarity of their art to the table but also the chance to consider the complexity of the problems within the problem.  For both, it allows a look at the myriad ways of how things may actually play out in the hands of strangers. What I refer to as Dimensional Insight. Seeing the multiple layers and planes and inter-connectivity, and...randomness and confusion...leads to not only better understanding of what happened but also what may happen if parties don't wrest control.

Perhaps most important, mediation allows everybody movement forward without a foot stuck in the concrete of past and future history and mystery.

My deep well of experience informs me that its isn't hard or fancy to do. It is simply what the best problem-solvers are capable of achieving when they are given the opportunity to employ their Dimensional Insight.  

Jerry Weiss                             

                               Thank you.

                                

 

           

 

 

 

 

 

 

 

 
See past letters from Jerry Weiss for interesting information about:

  
Mediator as Midwife
Mediation and Newton's Third Law   
Binary Justice    
The Keys to the Car 
Oh By the Way     
Justice or "Just Us" 
Peace Circles and the Joint Session  
Alice Weiss and Julius Caesar     
Coffee's for Closers  
Mediation and Blue Monkeys 
Giving Shelter 
Respect  
Fear, Anger and Risk in Mediation  
A Renewed Sense of Enthusiasm 
Misconceptions and Unrealistic Expectation
Commitment to the Process
The Importance of Confidentiality 


August 2018
August 2017
February 2016
March 2015
September 2014
July 2014
July 2013
September 2011
October 2010
April 2010
February 2009
August 2008
November 2007
May 2007
November 2004
July 2003
July 2001

 

 

 

 

 

 

 

 

 

 

 

 




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