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Explaining Transformative Mediation to Clients

Explaining Transformative Mediation to Clients

How do you explain your transformative model to prospective clients?

 

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It’s a great question and I feel like that is an area that I’m still developing. Basically, I don’t want to call it a sales pitch. Certainly I do have, deep down, the preference that I have as much work as possible. And so there is a bit of a conflict of interest between my desire to get some work and my desire to support other self-determination throughout even that first moment when I talk to them. So I do my best to answer questions they have about the process. I absolutely don’t go anywhere near promising any sort of outcome. I may go so far as to say, ‘Often people find that they’re able figure out an agreement. Often they feel that they’ve gotten clearer about what they want and they’ve gotten a better understanding of each other. I don’t know if that’s going to happen in your case. That’s what happens a lot. So I’d love to help.’ And yeah, that’s about it. And other than that I listen to them and hear them out about their whole situation that often if they’re really riled up about it, they can’t help but want to tell me the story. And I’ll set limits just for my own purposes of not having that much time to give away for free, but I’ll listen to them a bit and say, ‘Okay. So I’m hearing that you think the other party is crazy and you’re not sure if there’s any purpose in talking to them. On the other hand, the lawyer wants to charge you $2,000 to even start the case so you’re contemplating whether talking to them would be worthwhile. I see. Well, I would love to help with that if you think it would be worth a try.’

About the mediator

Dan Simon Profile Pic

As a teacher and practitioner of the transformative approach, Dan helps parties have a constructive conversation about their differences. He received his law degree, cum laude, from the University of Minnesota School of Law, his M.A. in Counseling Psychology from the University of Minnesota, and his B.A., with honors, from the University of California at Berkeley. Although he is licensed to practice law in Minnesota, he prefers to practice mediat... View Mediator