I’ve taken a few months off from blogging during which I fear I may have become complacent with my own techniques and absorbed in a sense of competence in my mediation efforts. Then today I read about a Business leader who spoke of “leading from the back of the room” and I was struck by the notion that I had risen to the position of leadership where I take a seat which is not rightfully my own. That is an important reminder that I thought I would share. Though mediators may think we know the best way to resolve a particular dispute, leading from the front of the room can be so dangerous. Because at the end of the day, if the parties haven’t come to the terms on their own, by their own volition, it may feel forced even though successful. That result is what we expect from the Court. A judge or jury may superimpose their decisions upon the parties. But mediation is supposed to be different. A reminder to lead from the back of the room–instead of the podium where the Judge sits, was really a great message for me.
This article was originally published in the July 2013 issue of the Journal of the Law Society of Scotland.A fundamental shift is occurring in how people do business around the...By John Sturrock
This is another is a series of vignettes, culled from mediations conducted by the author. They reflect on the practice of mediation and the privilege it really is to be...By John R. Van Winkle
Meredith Mediates by Meredith RichardsonWe like to believe that we are rational beings who make rational decisions. Sometimes, we are. And sometimes, we are not. We each have our own...By Meredith Richardson