I am one of the founding coordinators of the Bangalore Mediation Centre, the Court annexed program of the High Court of Karnataka. A few months after we started the mediation program, a young advocate walked into my office and could not contain her excitement.

Nearly all mediations involve parties that view the same facts in a very different light.  But in a great many mediations, the parties go further:  they are convinced the other side is not taking its position in good faith, but rather is knowingly lying or engaging in some nefarious scheme. 

President John F Kennedy was visiting NASA headquarters for the first time in 1961. As he walked along, he introduced himself to a janitor mopping the floor and asked him what he was doing. The janitor replied I am helping put a man on the moon’.

I recently conducted a Webinar interview with Sriram Panchu, one of India's leading mediators, on his experience using "virtual" mediation during the Covid-19 shutdown in his country. Mr. Panchu was quick to correct my terminology, suggesting that he refers to his current mediation practice as "enhanced mediation," given the added value of technology.

Individuals with disabilities should have access to tools to settle all types of conflicts including discrimination issues. Mediation is a tool that is useful and practical for all members of society including this population.

“If the point of mediation is to get us to talk to each other, why would you ever speak to us separately?”  The purpose of facilitative mediation is to enable the parties to decide on an outcome together. That means communication between the parties is critical to the process.