Because there is so much power in our words, we can use them to do a whole lot of good particularly when we are working as professional mediators.  Here are six practices to harness the power of the words we speak in mediation.

The common attribution to the word ‘Mediator’ is one who is neutral, one helps to resolve or one who helps to balance the power to create a space for negotiation and navigate through barriers created by perspectives. A mediator, like a gladiator, is trained to handle ‘weapons.’

In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.

Prior to the pandemic, virtual hearings for labor-management arbitration and mediation were rarely used. Since the start of the pandemic and with its acceleration, virtual platforms are now the dominant forums for arbitrations and mediations. Will the adoption of virtual interactions continue after the pandemic or will in-person approaches return?

The Restatement 2d of Contracts finished in 1981, added concepts of  temporary and partial impracticability and also restitution or reliance  damages to ameliorate loss. While traditional application of such  doctrines would lead to a finding that the contract automatically  terminates, other cases state that if the frustration or impracticability is  only temporary, then so is the hold on obligations (i.e. paying rent on office  space when Santa Clara County ordinance forbids non-essential office  use). This will obviously be only temporary. 

Keeping the marital home in divorce and pitfalls for the unwary. In most marriages there is a marital home and it’s often the largest, or one of the largest assets.  Particularly if there are kids, in divorce, one spouse often wants to keep the marital home.