Omni-Partiality and Power Imbalances in Mediation
{2:30 minutes to read} For over a decade I’ve had a practice that focuses exclusively on divorce and family mediation. Much of the training when I first started my practice emphasized the importance of the mediator being neutral and impartial.
The “What-If?” Scenarios
{4 minutes to read} One of the most important functions I can perform for my divorcing clients is to help them work through the various “What If?” scenarios as they make their decisions in mediation. A “What If?” scenario is an exploration of various possible outcomes to a question that has been raised in regard to an important issue. Exploring the options will facilitate reaching the best decision for a couple.
Choosing the Right Divorce Mediator
{3:48 minutes to read} If you’re choosing mediation for your divorce, in many instances it makes good sense to use a mediator who is also an attorney. An attorney/mediator who specializes in divorce law will be knowledgeable of the divorce statutes and case law, and can (and should) share that information with clients. Then, when the couple is ready to proceed with having their settlement agreement drafted, the attorney can prepare the agreement for them.
Empathy or Sympathy: What’s the Difference?
{2:54 minutes to read} With all the conflict and negativity in the world right now, I feel like a refresher blog on the subject of empathy is in order. I came upon this short video, The Power of Empathy, four years ago. It continues to be as delightful and fresh as when it first appeared. And, it accomplishes its task in only 3 short minutes of viewing time! So I invite you to click on the image below, enjoy the video, and then continue with the rest of my article.
Chinese Insights on the Art of Listening
{3:24 minutes to read} During the holidays especially, we all seem to be doing more while at the same time finding less time and patience to accomplish what needs to be done. Our interactions and conversations with family, friends and others can end up being strained and less productive than usual. So I thought this was a good opportunity to re-introduce some concepts I’ve written about before on the subject of Active Listening.
How Long Does Mediation Take?
{3:18 minutes to read}
When I first meet with my clients, they often ask me how long the divorce mediation process will take. My answer is: it depends. In reality, it depends on any number of different factors, such as:
- How complex their issues are;
What are the Foundational Requirements for Mediation?
{2:48 minutes to read} When you take it down to the bare bones, there are really only two essential elements that must be present in order for a mediation to be viable and ultimately productive: Willingness to Dialogue and Full Disclosure.
Willingness to Dialogue
First, there needs to be a basic willingness to come together and talk to each other.
5 Key Elements of the Mediation Process
{2:48 minutes to read} There are two principal aspects to the role a mediator plays when helping couples going through divorce mediation. One has to do with the process and the other has to do with the substance.
Process relates to the framework and ground rules that are established by the mediator so that the necessary conversations can take place and move along, ultimately to resolution.
Further Thoughts on Mediation and the Japanese Art of Kintsugi
{2:00 minutes to read} Recently, I published an article entitled Mediation and the Japanese Art of Kintsugi. In my article I shared a wonderful metaphor of beauty and strength, demonstrated by the “golden” repairs the old Japanese masters made to their bowls and other pottery when these pieces were damaged.
In a comment on my blog, a colleague asked if I was familiar with the song “Japanese Bowl,” written by Peter Mayer.
6 Basic Tips for Handling Conflict
{3:06 minutes to read} While conflict in our lives is inevitable, how we handle it is ultimately our choice. That’s true whether we’re dealing with conflict in our private lives (with our partner, children, other family members, friends) or in our work lives (with our colleagues or other professionals).
