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Dan Simon
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In some circles, name-calling is considered to be counterproductive in a mediation session. Some mediators suggest “no name-calling” as a helpful ground rule. While choosing to call someone by their preferred name can also be a wonderful choice for a party, here are 6 reasons mediators should consider being open to parties calling each other […]

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“Trust the process,” said the mediator. He was leading a divorcing couple through a discussion of the items in their budgets. The husband was saying that he didn’t care what his wife’s cable bill would be – he said it had no impact on the alimony he would pay. The mediator said, “Ok, but just […]

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Good research about mediation techniques has been hard to find. The costs of observing nuanced mediator behavior and subtle client reactions has been prohibitive. And no one has had a sufficient profit motive to sponsor such research. But the State of Maryland has been getting it done. The Administrative Office of the Courts followed over […]

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I saw an article on CNN.com a few days ago, linked here. The content of the article was not surprising. What I found hard to swallow was that the story was considered newsworthy. The article explains that when surgeons and other medical providers apologize after they’ve made a mistake, people are less likely to sue. […]

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I don’t know what wisdom is, but I aspire to it. I’m hoping it grows with time, experience, reflection, luck and/or grace. Meanwhile, transformative mediation has provided a shortcut so I can at least act wisely while mediating. Assuming Socrates, Jesus, Budha, Confucius, Gandhi, MLK, Jr., Mother Theresa, and Maya Angelou had some insights, what […]

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Although mediators prefer not to be pigeonholed, the truth is that we each stick to our own philosophy.  Many mediators value mediation’s potential to empower parties. That is, unlike adjudication, arbitration and evaluative methods, mediation need not be a top-down experience in which the parties are expected to defer to the mediator. But the approach […]

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As the future remains uncertain, those of us who see mediation as an extremely powerful way to support transformation, increase harmony, and resolve disputes, can use some inspiration. Here it is. The Institute for the Study of Conflict Transformation (ISCT) is sponsoring perhaps the most important mediation conference ever. May 2nd and 3rd in Dayton, […]

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