Flexible Mediation
Can People’s Minds Be Changed By Information?
Can people’s minds be changed by information? I’d like to think so—but in my practice of law—where I was (and am) an acknowledged expert in both the law and what happens when one spouse goes off to court and starts a legal battle—I had finally realized that no matter how much I informed people… they persisted in their false beliefs. So I began to try to understand it.
I read two books in particular—and parts of another. From these it became clear that most people—not all thank God—will keep an opinion they are invested in no matter how much proof there is that they are off base.
Practical and Flexible Mediation: Tools for Breaking Impasse and Settling Cases, Considerations for Litigators and Mediators
Disputing parties and their lawyers go to mediation to settle cases. I propose that mediators are most useful when we have a wide array of settlement tools at our disposal. This article is written for litigators thinking about using mediation to settle cases and for mediators thinking about the range of acceptable mediator activity. (ii) Disputes have many similarities, but also many differences. Mediators must be prepared for and flexible in dealing with a variety of challenges including: high emotion, different negotiating styles, distrust, legal issues, and at times relationship building.