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Transparency and Mediation Impasse

Transparency and Mediation Impasse

Can a transparent approach help to overcome mediation impasse?



Full Transcript

What I tend to do, again in a civil setting most of the folks I am working with are represented by counsel who are often driving the negotiations. So what I tend to do is with permission bring the lawyers together in my office around a little round table, and asking why we’re getting stuck. And I think a mediator’s perception of their own success, or a mediator’s perception of other’s perception of that mediator’s success coupled with the rates that we charge as we become more and more successful.


All of those things create boundaries to that transparency because it creates this mystique that says I’m supposed to be the superstar guy with the answers here. And it makes it harder for us to show some vulnerability.


But it makes it more important for us too because once we do then they say wow even this mediator who has got this great reputation or we’re paying all of this money, or something in the commercial world has a moment where they are stumped. We must really be working him hard, and then they’ll jump in to help. And now you’ve got them working with you instead of against you. And it can turn the whole thing on a dime right there just for that little bit of transparency, vulnerability, and as you said, compassion.

About the mediator

Lee Jay Berman Profile Pic

Lee Jay began as a full-time mediator and trainer over 18 years ago, and has successfully mediated over 1,700 matters. He is a national panelist with the American Arbitration Association, a Distinguished Fellow with the International Academy of Mediators, internationally certified by the IMI, and a Dispute Resolution Expert with the United Nations Development Programme. In 2008, Lee Jay founded the American Institute of Mediation offering “W... View Mediator