Most mediators I know prefer when the parties attend the mediation in person. In fact, I even write that attendance by phone is a poor substitute and should not be recommended. The reason, I believe and know, is that there is substantial power to having someone attend in person. There is a greater connectivety, greater ease of communication, and greater ability to develop rapport. Recently, I found some research that shed light on the power of facetime.
By Steven G. Mehta The other day, I mediated a case and the plaintiff told me as follows: "Tell them [...]
By Steven G. Mehta The American Indian culture is steeped in long traditions of collaboration. Indeed, Pocohantas was probably one [...]
During most legal proceedings, including mediation, the issue of a person’s intent is often at issue. The party will claim now at mediation that he or she did or did not intend to do something based on a specific action. Take for example, a case of wrongful termination. The entire case is about whether the employer intended to discriminate in terminating an employee. There has been much research as to the memory of a an eyewitness as to an event, but up until now there has been no research as to a person’s recollection of his or her intention in the past.
By Steven G. Mehta I saw an article that was fascinating regarding why people buy more than others. I thought [...]
By Steven G. Mehta For those of you that don't know, mediators now have their own legal drama. The profession [...]
By Steven G. Mehta The long awaited Cassel decision has now come down this last week. The gist of [...]
By Steven G. Mehta Finally, a t.v. drama about mediators. Up until now, most mediators have had to resign themselves [...]
Many times a month, I will be in a mediation and an attorney will tell me that “it must be so much less stressful to be a mediator than be in the practice of law.” Often, I respond by saying that being a neutral can be harder than being an advocate. Well recent research has affirmed this belief. This research shows that a neutral disposition can have a substantial toll on the body.
I recently saw an interview with Francis Ford Coppola that talked about collaboration, his career, choices, and other topics. I thought the interview was fascinating and had some appeal to mediation. Here are some excerpts. The interview is in italics.