Comment by John C. Turley on July 26, 2013 at 5:02pm

Determining the presence of evil during a mediation session is a difficult task. Hitler at Munich certainly had evil intentions base on history's judgment.  I have noted that some people spare no one's feelings by hurling insults and cruel statements at the other party.  Are these acts of evil or indications of bad behavior?  A defendant tried to humiliate the plaintiff by discussing their intimate relationship to my surprise and before I could control this indiscretion.  In a personal protection order(PPO) case, I was convinced that the plaintiff would look for the slightest excuse to turn his gun on the defendant.  I was concerned for the defendant's safety since It appeared to me that the plaintiff wanted to shoot the young man at the earliest opportunity.  I was more concerned for the defendant's protection than the party that initiated the PPO.  Is this a manifestation of evil or an expression of anger based on months of ill will and poor communication?  I tend to think it is the latter; however, the firing of the gun at the defendant would be an evil act based on what I heard in the joint mediation and caucus sessions.  If I assess that one of the participants is a dangerous character capable of perpetrating evil acts, I treat them as I would any other participant in a mediation session with a degree of caution.  As a mediator, I cannot do anything aside from calling for the court officer.  If a threat is made in session, I try to defuse the threat  with the consent and help of the participants by acknowledging it as the disputants develop their mutually agreed upon settlement.   

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