ISCT by Dan Simon's Blog (86)

Fundamental Differences in Mediation Philosophies

I practice transformative mediation.  And I believe that would I do is essentially a different process from those who practice Facilitative mediation.  The latest blog contains a conversation that is typical of the ones I have with other mediators. You can read it here.

Added by ISCT by Dan Simon on April 3, 2015 at 5:33pm — No Comments

Moving Divorce out of Court

Minnesota is considering legislation that allows divorcing couples to come to their own agreements without judicial oversight.  You can read more about it here.

Added by ISCT by Dan Simon on March 12, 2015 at 11:59pm — No Comments

The Netherlands to Host Transformative Mediation Conference

There have already been major transformative mediation conferences in Italy and Slovenia; and there's a large number of practitioners in the UK.  The Netherlands, too, has been a hub of transformative mediation activity.  And in June, it will host a major conference.  You can read about it here.

Added by ISCT by Dan Simon on March 1, 2015 at 8:14pm — No Comments

More on Evaluation in Mediation

In legal circles, mediation is still understood to include opinions from the mediator on the strengths and weaknesses of the legal case.  It's too bad.  Here's a conversation about it.

Added by ISCT by Dan Simon on February 20, 2015 at 12:34am — No Comments

Evaluation has no Place in Mediation

If mediation is supposed to be about self-determination, where does evaluation fit in?  It doesn't.  Read the latest blog post about it here.

Added by ISCT by Dan Simon on January 21, 2015 at 1:26am — No Comments

Can You Mediate for Friends?

For mediators who see it as their job to get a deal done, it's unthinkable to mediate for friends, especially if the mediator is closer to one party than the other.  But mediators who commit to being supportive of both parties find it much easier to work with friends.  Hey, if you wouldn't treat your friends like mediation clients, maybe you aren't treating your clients right! Read the article…

Continue

Added by ISCT by Dan Simon on January 3, 2015 at 8:28pm — No Comments

3 Things Mediators Do That Undermine Party Self-Determination

Mediators are often torn between their desire to get the parties to a result and their intention to support party self-determination.  Those two directions are mutually incompatible.  This blog post explores 3 common mediation interventions that undermine party self-determination.  You can read the post here.

Added by ISCT by Dan Simon on December 17, 2014 at 7:56pm — No Comments

Bush Folger Speak Strongly about What's Needed to Save Mediation

In this blog post, you can see the 6 actions that Bush and Folger say are needed to save mediation.  You can read the blog post here.

Added by ISCT by Dan Simon on December 4, 2014 at 12:07am — No Comments

Why Do Pushy Mediation Practices Persist?

In the Institute for the Study of Conflict Transformation's latest blog post, 5 reasons are suggested for why it's so hard for mediators to live up to the ideal of party self-determination.  You can read it here.

Added by ISCT by Dan Simon on November 10, 2014 at 7:59pm — No Comments

Volunteer Mediator Inspired by the Transformative Approach

In this blog entry, volunteer mediator, Pamela Gregg, describes how meaningful she has found the work.  You can read it here. 

Added by ISCT by Dan Simon on October 31, 2014 at 9:45pm — No Comments

Transformative Mediation Chosen for Ohio Employees

When employers want to handle conflict in their organizations, in a way that resolves disputes and improves work environment, they choose transformative mediation. The State of Ohio is the most recent large organization to provide its employees with the option of using transformative mediation.  You can read more about the program here.

Added by ISCT by Dan Simon on October 25, 2014 at 9:23pm — No Comments

Business Mediation Gone Right

The latest blog entry at the Institute for the Study of Conflict Transformation tells a story of a mediation where the parties called all the shots.  You can read it here.

Added by ISCT by Dan Simon on September 26, 2014 at 11:24am — No Comments

Transformative Mediation with Lawyers?

It turns out transformative mediation is the most effective approach when lawyers are involved.  It allows for the bad news about the other side's commitment to their perspective to be communicated directly and clearly; and it allows for the good news that the other side isn't pure evil to be communicated; and it allows for the highest quality conversation possible about both the heart of the dispute and the possibilities for improvement.  …

Continue

Added by ISCT by Dan Simon on September 5, 2014 at 2:54pm — No Comments

Even Law Professors are Getting on Board with Transformative Mediation

Professor Sherry Colb took a training in transformative mediation this spring.  Here you can read what she learned.

Added by ISCT by Dan Simon on August 7, 2014 at 5:59pm — No Comments

Mediation Conference in Slovenia Focuses on the Transformative Approach!

In our latest blog entry, available here, Janet Mueller describes her participation at an International Mediation Conference in Slovenia.

Added by ISCT by Dan Simon on July 15, 2014 at 3:44pm — No Comments

Do Some Mediation Clients Need a Little Advice?

Our latest blog entry, which you can read here, observes how tempting it can be for a mediator to give advice to certain clients.  But should we?  

Added by ISCT by Dan Simon on May 31, 2014 at 12:25am — No Comments

Transformative Mediation: Free Teleconferences, Starting Tuesday!

If you'd like to know more about transformative mediation, here's a free chance to learn from some of the leaders in the field.  Read about these free teleconferences here.

Added by ISCT by Dan Simon on April 27, 2014 at 11:00pm — No Comments

UK National Heatlh Service Mediator Switches to the Transformative Approach

It's not easy to let go of telling people what to do.  In this blog post, Angie Gaspar, explains how she's been able to commit to supporting self-determination through the transformative approach.  You can read the blog here.

Added by ISCT by Dan Simon on April 15, 2014 at 12:36am — No Comments

Transformative Mediator Almost Loses it with her 5-year-old

The perspective on conflict that the transformative model provides can come in handy when dealing with one's own clients. In this blog , Michelle Zaremba talks about using these insights in talking to her 5-year-old son.

Added by ISCT by Dan Simon on April 3, 2014 at 6:03pm — No Comments

Getting Mediation Clients to Settle, to Understand Each Other, or to Transform Ain't What It's About

Mediators have the best of intentions.  We want good things for our clients.  But "how do we get them too . . . ?" is not the right question.  Read the latest blog entry here.

Added by ISCT by Dan Simon on March 9, 2014 at 9:19pm — No Comments

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