Mediation's Place

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Exploring the place of mediation in a justice system that is mainly antithetical to mediation

Latest Blog Posts

  • The Vanishing Trial on Nov 19, 2009 in litigation settlement

    Here is an article from Pacific Business News showing just how dramatically the number of jury trials has dropped off in the State of Hawaii, where only 17 civil jury trials were completed in the state courts last year.  The trend appears to be...

  • The New Earth Army on Nov 16, 2009 in movies

    The new movie The Men Who Stare at Goats is a comic take-off on the true story of an Army program to incorporate New Age concepts into the military. In the movie, Jeff Bridges plays an Army Colonel who led an experimental unit that attempted to brin...

  • Word Play on Nov 16, 2009 in international conflict

    According to this report, Syrian President Assad is willing to move forward with peace talks with Israel, and Turkey is available to mediate, but there is "no Israeli partner willing to move forward." According to the same report, however, as well a...

  • Carrie Prejean Sex Tape on Nov 13, 2009 in confidentiality

    We can only speculate as to why Carrie Prejean settled her lawsuit against the Miss USA Pageant, because she has refused to reveal her reasons on the grounds of mediation confidentiality. I of course have no interest in any such rumors, and of cours...

  • A Lesson(?) in Mediation Confidentiality on Nov 12, 2009 in confidentiality

    Once again, Carrie Prejean instructs the nation in etiquette, in this case telling us that it is "inappropriate" to ask questions about the parties' motivations in entering into a settlement.  As Larry King should well know, asking someone why t...

  • Mediators can save the world! on Nov 9, 2009 in international conflict

    Yesterday, at the Southern California Mediation Association's fall conference, I heard Ken Cloke give an inspirational talk about using mediation to solve some of the world's most difficult problems.   In fact, he seems to think that many of the...

  • The Power of Metaphors on Nov 5, 2009 in metaphors

    My father, who was a psychiatrist, was a big believer in the use of metaphors in therapy.  He was interested in dreams because he believed they can serve as metaphors for problems that people are trying to work out in their waking life.  An...