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Mediation Blog

Topic: Compromise | 9 post(s).

October 29, 2019 -   To find out what you’re entitled to, you need to go to court. But going to court does not guarantee you will get what you want. When someone focuses on entitlement, there are usually some underlying emotions that need to be addressed. If those underlying emotions haven't been dealt with in a productive way, you're not going to be able to move forward in the positive way that you're looking for. [...]

June 5, 2019 - {3:30 minutes to read} In a previous post, I wrote about the enormous impact that a sincere apology could have on another person. There is, though, a very significant step that must come first. Taking Responsibility for Our Actions Sometimes, the intentions behind the words said or the actions taken are crystal clear, and it is impossible to say with any semblance of credibility — “I didn’t mean to do that.”   More often, though, it&rsquo [...]

April 3, 2019 - {3:30 minutes to read} There are two diametrically opposed views as to the value of an attorney versus a mediator. In terms of settling a matrimonial matter, each believes the other is not necessary. “There is no need for a mediator.” Some matrimonial attorneys believe that two attorneys can negotiate for the parties and reach a settlement — why the need for a third party? After all, attorneys have been settling cases forever, and it works.   M [...]

February 14, 2017 - {3:54 minutes to read} I met recently with a couple (I’ll call them “Mary” and “John”) to review their Separation Agreement. All went well, with a few minor changes agreed upon during our meeting. Then, towards the end of the Agreement, a provision came up for review at which John expressed surprise. Mary and I were perplexed. This had not only been discussed fully at a previous session, but over the course of several months, had appeared i [...]

November 22, 2016 - {3:54 minutes to read} Since I write so often about the benefits of mediation, I think it’s time that I acknowledge something I often share with clients at the initial consultation. After I have explained the basics of mediation, I say that I think mediation can be a hard thing to do and commend them for making that choice. And while I firmly believe that it is the best option to resolve conflict, I’ll admit it’s still not an easy process. What makes [...]

July 19, 2016 - {3:24 minutes to read} As with most people, there are some challenges that I welcome, and some that I dread. This goes for mediation as well. A challenging mediation isn’t necessarily challenging because one or both clients are difficult; for me, it’s often because the clients are so diametrically opposed that, no matter how many techniques and skills I use to help them resolve difficult situations, nothing seems to help. I’m talking about extreme situ [...]

April 12, 2016 - {3:12 minutes to read} After watching the umpteenth presidential debate, you can imagine why I started to think about civility in personal and professional settings. For most of us, civility in personal situations is automatic. We’re polite to strangers, say good morning, hold open a door and say you’re fine even if you’re not. On the other hand, for those with whom we’re most comfortable, sometimes that automatic default to civility is lost. An [...]

March 15, 2016 - {3:54 minutes to read} Clients in initial consultations are sometimes hesitant to begin mediation because of: Fear the other will take advantage of them and the process; Friends and family saying they should have a lawyer fight for them; The other person having a greater advantage in bargaining power. In previous posts, I’ve written how those kinds of concerns can be overcome in the process of mediation. You can have the support of legal, financial and ment [...]

October 28, 2014 - I love Halloween, and I love being scared. Scary can be fun when it’s within your control, like I am with my Halloween decorations. A five-foot replica of Frankenstein’s monster, which dances to the Monster Mash A fake graveyard in front of my house, with silly inscriptions on the stones Zombie garden gnomes A full-size skeleton sitting in a chair on the porch, wearing a baseball cap backwards, a college sweatshirt and sweat pants It's all more ridic [...]

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