Conflict Resolution

Advanced Problem-Solving Strategies

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“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties. In that mediation I was asking for a joint session, but the judge still blocked us from doing one because the other side would not agree. I’ll tell you what turned out to be a waste of time: that entire day of mediation in which I was assured that the mediator/judge would get the other side to agree to our side’s last proposal, but could not, leaving us with egg on our faces now that the other side knew our “bottom line” position and would use that as a starting point for the next round of negotiations. What […]

I was interviewed recently by California mediator Doug Noll, on topics ranging from the business of mediation, to the decline in joint sessions, mediation confidentiality, and mediator certification. I also had a chance to trot out some of my pet theories about how to reform our justice system in general, and how mediation training is helpful in every walk of life, not just in training to become a mediator. The audio broadcast can be found here.

Joint sessions have suddenly shown up as a hot topic again. The fall issue of the ABA Dispute Resolution magazine features an article by Eric Galton and Tracy Allen alarmingly called “Don’t Torch the Joint Session,” which decries the “disturbing trend” of eliminating the joint session from mediation. LA mediator Lynne Bassis has an article in the same issue entitled “Face-to-face Sessions Fade Away.” And New Zealand mediator Geoff Sharp on the Kluwer Mediation Blog has written a piece with the strange title “The Californication of Mediation,” which identifies this disturbing trend as emanating from my home base, the well-developed mediation market of Southern California. Eric Galton has even formed a facebook group called “Save the Mediation Joint Session and Promote Party […]

I heard about a mediator who started a session by asking all the participants to spend some time talking about their personal histories and interests, presumably in an effort to get the parties to see each other as human beings and establish connections that might help them resolve the dispute. Lo and behold, these parties did resolve the dispute to each side’s great satisfaction, but at least one side later reported that they disliked this touchy-feely aspect of that mediation. So even though this technique was proven to work well, it still made one of the parties uncomfortable enough that they would probably prefer a more conventional and perhaps less effective approach. Mindful of stories like that, I try to […]

In Los Angeles County, where the court is no longer assigning mediators, attorneys who used to rely on the ADR panels might be feeling a bit at sea. One reason is that many attorneys appreciated the court’s service in saving them the bother of having to choose a mediator. That way attorneys didn’t have to admit to their adversaries that they might be interested in settlement. They didn’t even have to try to reach agreement with opposing counsel on how and where to conduct mediation. They didn’t have to admit to their clients that they might actually want to let go of their dog of a case. If they wanted to, they could blame the court for forcing this procedure […]