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mediation meditations: April 2008

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An inquiry into the theory and practice of mediation.and into the mind of a mediator. Saturday, April 19, 2008. Stupid Mediator Tricks (4). Visualization and "As if" negotiation. I have been thinking about the applicability of visualization and "as if" social activism to mediation. Maybe mediators focus too much on having each party focus on themselves. On their own interests, and on trying to understand and appreciate the other party's interests. Maybe mediators should focus more on the settlement itself.

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mediation meditations: Finding Those Fifty Cent Dollars

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An inquiry into the theory and practice of mediation.and into the mind of a mediator. Friday, July 4, 2008. Finding Those Fifty Cent Dollars. Party A thinks it owes fifty cents to Party B. Party B believes it is entitled to a dollar. Simple solution, right. Just have Party A pay Party B a fifty cent dollar. How does a mediator find those fifty cent dollars? In reality, they are all around. Posted by Christian S. Herzeca, Esq. Subscribe to: Post Comments (Atom). If you have any specific questions that can...

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mediation meditations: March 2008

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An inquiry into the theory and practice of mediation.and into the mind of a mediator. Friday, March 21, 2008. Stupid Mediator Tricks (2). Sometimes, I will ask a party, whether in caucus or in open session (although usually first in caucus) "How does that proposal (or statement, or question etc.) solve our common problem? Usually this invites slightly pained expressions from the parties. But as my high school athletic trainer used to say, "If it hurts a little, that's good! Labels: Stupid Mediator Tricks.

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mediation meditations: July 2008

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An inquiry into the theory and practice of mediation.and into the mind of a mediator. Friday, July 4, 2008. Finding Those Fifty Cent Dollars. Party A thinks it owes fifty cents to Party B. Party B believes it is entitled to a dollar. Simple solution, right. Just have Party A pay Party B a fifty cent dollar. How does a mediator find those fifty cent dollars? In reality, they are all around. Posted by Christian S. Herzeca, Esq. Subscribe to: Posts (Atom). If you have any specific questions that can't be ad...

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mediation meditations: August 2008

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An inquiry into the theory and practice of mediation.and into the mind of a mediator. Friday, August 8, 2008. The Mediator's Proposal (Also, the Difference between Party Offers and Proposals). Usually, parties make many offers, but very few real proposals. Third, if your mediation is in a litigated matter, or immediately before litigation commences, as mine often are, your mediator's proposal cannot purport to value each party's litigating position. A mediator needs to have each side try to convince ...

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mediation meditations: When Mediation Works

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An inquiry into the theory and practice of mediation.and into the mind of a mediator. Wednesday, February 20, 2008. Manner, one mediation at a time. Which the firm may need to change on the fly as it responds to changing events). A managing partner or firm committee will decide these matters, as best they can, and all partners agree in advance that these are not private matters, but rather matters that relate to the profitability of all partners in the firm. Posted by Christian S. Herzeca, Esq. Mediation...

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mediation meditations: September 2008

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An inquiry into the theory and practice of mediation.and into the mind of a mediator. Saturday, September 6, 2008. The Mediator's Settlement Meter. I have found the following variables to be highly indicative of whether or not the mediation will result in a settlement. These variables are:. 1 Are the parties reasonably comparable in economic strength? 2 Do the parties share the blame for the conflict in a relatively equal manner? 3 Is this a significant conflict? Posted by Christian S. Herzeca, Esq.

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mediation meditations: November 2009

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An inquiry into the theory and practice of mediation.and into the mind of a mediator. Friday, November 6, 2009. The Ideology of Party Self Determination. In seeking to practice both commercial and community mediation, I am struck by the differences in ideology regarding party self determination between the two forms of mediation. I am beginning to believe that the two realms of mediation should experience more cross fertilization, as I am not certain either ideology can prosper in isolation. Mediator Per...

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mediation meditations: Stupid Mediator Tricks (4)

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An inquiry into the theory and practice of mediation.and into the mind of a mediator. Saturday, April 19, 2008. Stupid Mediator Tricks (4). Visualization and "As if" negotiation. I have been thinking about the applicability of visualization and "as if" social activism to mediation. Maybe mediators focus too much on having each party focus on themselves. On their own interests, and on trying to understand and appreciate the other party's interests. Maybe mediators should focus more on the settlement itself.

mediation-meditations.blogspot.com

mediation meditations: How I Would License Mediators

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An inquiry into the theory and practice of mediation.and into the mind of a mediator. Tuesday, July 28, 2009. How I Would License Mediators. In qualifying their community mediators. Your video is evaluated by the Safe Horizon mediation training staff and, if you pass, you are accepted into the Safe Horizons mediation program. You become a certified Safe Horizons mediator once you have conducted some 20 mediations. Now, why can't this model be used for state licensure of mediators generally. The evalu...