Tuesday, August 25, 2015

Later Today: Why I Endorse David Fox For Mayor and What I've Learned From Being A Successful Mediator

BUSY, BUSY DAY TODAY  but I intend to get back later to talk more about why I support David Fox for mayor and will vote for him in early polling next week.

I also want to talk about what I have learned about mediation from decades of being a court mediator ahead of the mediation I will participate in Wednesday with Mike Shmerling and Abe's Garden. From much experience,  I know what  makes for success and what dooms a process even before it begins.   One thing is for sure:  I don't fall for stunts and heavy-handed tactics before a good faith mediation begins. No one should.  But that doesn't mean some people won't try.

In my years of being a mediator with a very good track record,  I've seen truly amazing things be resolved in the most creative ways. I've witnessed much healing take place even after years of conflict.  I've seen people walk away saying it was almost miraculous what took place during mediation. On the other hand, some things---especially when a participant takes a winner-take-all, terrorist attitude---simply can't be successfully mediated or mediated at all. Some people go into mediation thinking it's a mini trial. It's not.  Mediation is about finding win-win solutions and trying to help the other person achieve what they most care about.

Again,  mediation, to be successful, is  a win-win game.  There are those people who can't get their minds around that concept.

It's an entirely different process.  Mediation works in  90% of the cases I've mediated, but you've got to put your guns down and leave them at the door.

Guess we'll see what happens Wednesday.  ******* UPDATE: Our mediation failed to reach a win-win agreement, so we'll be heading to trial in late November.

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