Author Archive
Structuring the Process
Apr 12, 2012 | Newsletter Archive|One of the most essential aspects of the Understanding Based Model is to provide an alternative to the coercive process of litigation, judicial decision making, and even other approaches to mediation which rely upon the power of coercion to help move people through conflict. Toward that end, we think it is important for the mediator [...]
Advanced Program : “Role of Law”
Mar 15, 2012 | News|Integrating the law and the participation of lawyers into the mediation process without having the law or lawyers dominate is a significant challenge for mediators. In this program, we will clarify the role of the law in mediation and teach mediators how to guide parties to their own determination of the weight and relevance of the law to their situation and how lawyers can participate in a way that supports their clients and the mediation process.
Self-Reflection in Action: Using Our Inner Selves To Help People In Conflict
| News|In this program, we will have a continued focus on how we can work effectively with our own internal responses to help people in conflict. There will be a significant meditation component to the program. The program is open to people who have completed at least one program with the Center and are working in the conflict resolution field as mediators, collaborators, negotiators, ombudspersons, or traditional lawyers.
Dealing with Judgments
Mar 8, 2012 | Newsletter Archive|To take on the deep challenge that conflict poses means confronting the role and power that “judgment” has in our lives. We say, “our” advisedly here. Because dispute resolution professionals are by no means immune from the grasp of judgment when dealing with conflict. When using “judgment,” we need, in English, to distinguish between judging [...]
Moving Toward Greater Understanding
| Newsletter Archive|In conflict, most people feel misunderstood, at least by their opposite. The traditional way of resolving differences is through efforts at persuasion rather than understanding. Even when one wins in court, he or she may feel vindicated but not necessarily understood. Mediation can allow for increased understanding – the parties of themselves and, hopefully, of [...]
March Book of the Month
| Newsletter Archive|This book focuses on how to find an authentic voice with which to have some of life’s most challenging conversations. Dr. Lerner focuses on a true expression of self in order to “maximize the chance of being heard” and keeping the connection open even in the face of strong emotion, complex dynamic and misunderstandings.
March Reflections From Norman
| Newsletter Archive|Norman Quote – Most of us believe suffering is negative, difficult, and to be avoided at all costs. Suffering breaks our spirit and ruins our life. So rather than face the suffering we blame others or the world for the unfortunate things that have happened to us. Or we blame ourselves, imagining that we are [...]
February Reflections From Norman
Feb 8, 2012 | Newsletter Archive|The sea of stories rolls on and on without end. Though we must tell and listen to our stories well, trying as much as we can to understand, we know now that there’s a peace beyond understanding, a love too boundless to be known, a tale too secret to be told. As long as space [...]
Tips – End Game #4 – Lawyers’ Participation in the Writing of Agreement
| Newsletter Archive • The End Game|Normally, we think it is quite important for the mediator to draft the ultimate agreement between the parties rather than leave that to one of the parties’ lawyers because it minimizes strategic maneuvering by the drafting lawyer which can lead to a dynamic between the lawyers to gain the upper hand. So while it is [...]
The Last 3 Minutes
| Newsletter Archive|One of the most important tasks for the mediator is to be able to structure sessions with the parties in a way that creates balance and allows for sufficient flow between the parties with mediator participation. To do this, we often begin sessions with an agreement between the parties and mediator about a list of [...]
