Thursday, July 28, 2016

Neutrality and Transparency

Neutrality and transparency are two critically important concepts in mediation. What do they mean in the mediation context?

Maybe it is easier to start with what they do not mean.   Being neutral is not like neutral on your automobile gear shift. It does not mean lack of motion, lack of movement or inertia. Neutral does not mean blasé or like a neutral color that blends and neutral is not vanilla.  In mediation however, neutrality is key.  Neutrality in mediation means that the mediator is not siding with one or the other party. Neutrality means that the mediator does not have a stake in the outcome except to insure that the process is fair, that the clients are fully informed, that they understand what they are agreeing to and ultimately believe their agreement is fair and reasonable.  

Sunday, March 6, 2016

Mediation Misconceptions

        I have often found it curious that what I see as the two biggest misconceptions about mediation are completely contradictory.  I will first preface what follows by stating that this is not based on a qualitative or quantitative analysis of general public perceptions of mediation. Rather, this is based on my own experience with clients I have seen and spoken to over the last 20+ years of doing mediation.

Misconception #1:  Mediation only works if you agree.