NEWSLETTER #139
Can Transformative Mediation Work In Commercial Litigation? A Conversation With Joseph P. Folger And Robert A. Baruch Bush
by Victoria Pynchon
The transformative mediation model was first articulated by Robert A. Baruch Bush and Joseph P. Folger in their classic work, The Promise of Mediation: The Transformative Approach to Conflict (Jossey-Bass 1994, Revised Second Edition 2005). Because transformative mediation focuses primarily on the personal interaction between the disputing parties, it seems well-placed in family, partnership and other disputes where the parties must continue to interact with one another. Whether or not this model is useful in the resolution of arms-length commercial transactions was the subject of a recent conversation between author Victoria Pynchon, a Los Angeles commercial mediator and litigator, and the two originators of the transformative model.
Keeping Your Cool: The Power of Persuasion in Mediation
by Myer J. Sankary
Can professionals who litigate and mediate employment cases become more effective helping the parties reach a settlement in such a highly charged atmosphere? The cultural bias of most attorneys is the belief that the more adversarial and competitive they are, the more effective they will be in satisfying their clients’ interests. Social science has found that this perception is incorrect. Professionals can be more effective advocates for their clients by skillful application of cooperation and persuasion.
The Mediator as Moralist Bully
by Robert Benjamin
As a presenter, I’d always wondered when I would be found out—maybe this audience would discover that I was living a lie: when I was a child I had been a bully. That’s not all. There are times I could qualify for being ‘abusive,’ certainly ‘passive-aggressive,’ and even that new descriptor that effortlessly rolls off the tongues of so many of my colleagues, the “Narcissistic Personal Disorder.” That fit me too. Would they see it?
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