The Mediate.com Newsletter
February 15, 2006 #159
Character Traits Of Working Dogs And Conflict Mediators: ‘Systematic Intuition’ And Tenacity
by Robert D. Benjamin
Conflict mediators are a strange breed. The best ones, not unlike police or firefighters, are drawn to manage difficult situations and heated controversies that most other people would just as soon avoid. Interviewing close to fifty recognized conflict management practitioners and teachers over the last two years for the Mediate.Com video series, “The Mediators: Views From the Eye of the Storm,” offered me a unique perspective and the opportunity to make some observations about the shared character traits of those drawn to what may yet become a recognized field.
Metaphors for Divorce Mediations and Negotiations
by Sharon Lowenstein
Language conveys attitudes, mind-sets and perspectives. The choice of words influences behavior and is influenced by behavior. Whereas litigation subjects parties to a a roll of the dice, collaborative law and mediation put clients in the driver's seat.The skillful use of metaphors can subtly and efficiently redefine conflict as challenge and facilitate fruitful problem solving. This article suggests how to mix and match metaphors which are particularly useful for cutting to the chase and putting clients on the same page.
The Family Law Education Reform Report Completed
by Andrew Schepard
Does the law school’s family law curriculum adequately prepare future family lawyers for the challenges of practice? The Report’s answer is “not well,” a conclusion that requires reconsideration of the nature and purposes of legal education in an area central to the welfare of thousands of children and parents.
Imagine... A Collaborative Approach To Divorce
by Gary Direnfeld
There is a movement in family law whereby divorcing couples can sign agreements with lawyers to not go to court. More specifically, the process is known as Collaborative Family Law (CFL) and the agreement to not go to court is binding upon the lawyers, not the couple. If one or both clients are unsatisfied, either may still march the dispute to court. They will however have to find new lawyers.
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