A Case for Forgiveness in Mediation
What is the Role of Forgiveness in Mediation? Forgiveness can be a powerful and transformative element in mediation and conflict resolution. While forgiveness is not always the main goal in mediation, it can create a conducive environment for amicably resolving conflicts. The case for forgiveness in mediation stems not just from its potential to facilitate […]
The Value Proposition of Mediation – Understanding the Cost of Conflict
What is The Cost of Conflict? Conflict is a naturally occurring part of the human condition. When managed properly, conflict can lead to personal growth and development by forcing us to navigate different perspectives, think more creatively, and broaden our collective vision. Yet, there is a cost of conflict; therefore, many individuals ignore it in […]
How to Become a Mediator in California
Opportunities for mediators in California continue to expand. In a state of its size with a large and diverse population and a robust economy exposed to market-driven and social pressures, the number of disputes is bound to rise. And rising caseloads are straining judicial resources, causing backlogs of cases and delays for disputants in getting […]
What is the Difference Between Mediation and Arbitration?
Arbitration and mediation share a common lineage as alternatives to the traditional legal system of court and jury trials. Known as different forms of alternative dispute resolution (ADR), they are both intended to offer less expensive, more efficient outside-of-courtroom approaches to resolving disputes than afforded by more formal litigation. Yet there, the similarities end. The […]
Average Settlement Offers in Mediation
I was asked by a journalist recently about the average settlement offers in mediation. And while his search for understanding is laudable, the question itself is misguided. What’s wrong with asking about average settlement offers in mediation? Mediation, a form of alternative dispute resolution, is best defined as a facilitated negotiation. At its core, it […]
The Disappearing Jury Trial and Other Insights for Mediators
Thirty years ago this past week, I walked away from my partnership in a San Francisco litigation firm to develop a market for a decidedly different approach to dispute resolution, a process called mediation. As I’ve recounted hundreds of times in the decades since, the genesis of my career shift was fueled by dissatisfaction with […]
The Effective Mediation Brief: A Missed Opportunity for Many
Earlier this year, my Weinstein International Foundation (WIF) colleagues sponsored a mediation brief writing competition. The goal of the competition was to inspire and develop mediation brief writing skills in law students from around the world. In preparing for the competition, it became clear to my colleagues that little has been written about the significant […]
Rethinking Essential Mediation Skills
The key to developing true mediation competency begins with “me” In addition to the quintessential mediation skills training, what do mediators need to improve their mediation competency? While mediation skills training remains vital to the practice of mediation, the key to developing mediation competency begins with self-reflection, self-awareness, and self-management. Before determining how we can […]
Virtual Mediation: An Enhanced Process or an Ephemeral Solution?
I recently conducted a Webinar interview with Sriram Panchu, one of India’s leading mediators, on his experience using “virtual” mediation during the Covid-19 shutdown in his country. Mr. Panchu was quick to correct my terminology, suggesting that he refers to his current mediation practice as “enhanced mediation,” given the added value of technology. He said […]
A Time of Self-Reflection and Change
My season of self-reflection began dramatically: the JAMS office administrator marched into the middle of my two-day mediation and alerted everyone that the Mayor of San Francisco had just announced she was ordering the shutdown of all nonessential businesses. This effort to thwart the spread of COVID-19 heralded the onset of our new reality, sheltering […]