Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving. I am also aware of how much the clients and others appreciate a creative approach to the…

“Caminante, no hay camino, se hace camino al andar” “Traveller, there is no path, the path must be forged as you walk.” Antonio Machado, as quoted and translated in Daring Greatly, Brene Brown Those were two very long and eventful days. Though the prospect of reaching an agreement appeared remote – at best – at…

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…

As I open each mediation session I remind everyone that the mediation is “confidential”, “without prejudice”, “off the record”.  I acknowledged that these three concepts don’t mean precisely the same thing at law but that for practical purposes it is our common intention and agreement that “what’s said here, stays here.” I know there’s more…

As this is my first post to the new Kluwer Mediation Blog I thought it appropriate to take a moment to introduce myself and provide a brief summary of my background and experience.  My intent is that this will assist the reader (clients, lawyers, other mediators, academics, students and innocent bystanders who have chanced upon…