Kelly Stricklin-Coutinho, Chair of the Civil Mediation Council (CMC) - The Future of Mediation
In this conversation, Adam Gersch and Kelly Stricklin-Coutinho discuss the evolution of mediation as a profession, the transition from lawyering to mediating, and the importance of training for lawyers in mediation practices. They reflect on their personal experiences in mediation, the role of lawyers, and the need for a distinct identity for mediation as a profession. The discussion also touches on the challenges of establishing standards and career pathways in the field of mediation. Kelly and Adam discuss the evolving landscape of mediation, focusing on regulation, support for new mediators, the integration of mediation into the legal system, and the concept of mediation mobility across jurisdictions. They emphasise the importance of community mediation and the role of the Civil Mediation Council in fostering a supportive environment for mediators. The discussion also highlights the need for greater awareness and acceptance of mediation as a viable dispute resolution method.
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Laurence Cobb - Navigating the Path to Mediation
In this episode, Adam Gersch is joined by Global Mediation panel mediator Laurence Cobb, who discusses his journey from a legal background to becoming a mediator. They discuss the essential skills required for effective mediation and the evolution of mediation within the legal profession and provide insights and advice for those considering a career in mediation. The conversation highlights the importance of emotional intelligence, adaptability, and the role of humor in mediation, as well as the changing perceptions of mediation in litigation.TakeawaysLaurence Cobb transitioned from a legal career to mediation in 2014.Mediators need to possess strong listening skills and emotional intelligence.Not all lawyers make good mediators; neutrality is key.Humor can be a valuable tool in mediation when used appropriately.Mediation has become a normalized part of the legal process.Resilience is essential for mediators when dealing with emotional situations.Training and ongoing professional development are critical in mediation.Mediators must adapt their communication style to their audience.The perception of mediation has shifted positively in the legal field.Empathy without sympathy is essential for effective mediation.
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29:10
Jeremy Connell - The Evolution of a Mediator
In this episode of Mediation Matters, Adam Gersch is joined by Jeremy Connell, mediator, psychotherapist, and lawyer. They explore Jeremy's diverse journey into mediation, the importance of empathy and emotional intelligence in the field, and the evolving landscape of mediation as a career. Jeremy discusses the significance of storytelling in conflict resolution, creative approaches to mediation, and the future directions for the profession, emphasizing the need for adaptability and curiosity in mediators.
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Emeritus Professor Irvine Gersch: Psychologist, Author and Mediator (and Adam's father)
In this conversation, Adam interviews his father, Professor Irvine Gersch, about his journey into mediation and the field's evolution. They discuss how Professor Gersch started as an educational and child psychologist and developed a conciliation service to resolve disputes between parents and local authorities. They also explore the transition from conciliation to independent mediation and the importance of neutrality. The conversation touches on their collaboration in writing a book on special educational needs mediation and the challenges and successes of working together as a family. They conclude with insights on effective communication, understanding different perspectives, and embracing a mindset of tragic optimism.Key Takeaways- The journey into mediation often starts from a background in a related field, such as psychology or education.- The transition from conciliation to independent mediation involves shifting towards neutrality and independence from local authorities.- Collaboration and effective communication are key to resolving conflicts and maintaining successful working relationships.- Understanding different perspectives and being open to learning and growth can lead to positive outcomes in conflict resolution.- Embracing a mindset of tragic optimism allows for resilience and the ability to learn and improve from mistakes and challenges.
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34:11
Pierre Hazan: Negotiating with the Devil, Inside the World of Armed-Conflict Mediation
In this conversation, Adam interviews Pierre Hazan, a mediator with a diverse career spanning journalism, mediation in armed conflict, and academia. Pierre is also an author, recently publishing his latest book, "Negotiating with the Devil, Inside the World of Armed-Conflict Mediation". They discuss the role of mediation in armed conflict situations and the ethical challenges that mediators face. They also explore the importance of inclusivity in mediation and the complexities of determining who should be at the table. Pierre shares insights from his work in various conflict zones and highlights the need for transitional justice and reconciliation in post-conflict societies. The conversation concludes with advice for aspiring mediators.Key Takeaways:- Mediation plays a crucial role in armed conflict situations, offering an alternative to military victory and providing a platform for dialogue and negotiation.- Inclusivity is essential in mediation, but finding the right balance in determining who should be at the table can be challenging.Ethical considerations are paramount in mediation, particularly in situations where mediators must make difficult choices that may have life-or-death consequences.Transitional justice and reconciliation are vital in post-conflict societies, requiring a broad definition of justice that includes reparations, truth and reconciliation commissions, and human rights guarantees.-Mediators must approach each conflict with humility, recognizing their limited impact and the complex dynamics at play.-Mediation is a constantly evolving field that must adapt to new challenges, such as the role of social media and the involvement of non-state actors like cartels.-Local mediators often face the greatest risks and challenges in conflict zones, as they may be seen as traitors or spies by their own communities.-Mediation is not always suitable or successful in every conflict, and mediators must assess the readiness and commitment of the parties involved.-Starting with local mediation can provide valuable experience and understanding of the social and political dynamics necessary for effective mediation.-Mediation matters because it offers a path to peace and justice, even in the most complex and challenging conflicts.
Mediation matters is a podcast that explores how meditation can make the world a better place. Join Adam Gersch, Founder, and CEO of Global Mediation, the most active and fastest-growing national provider of mediation services. Adam discusses the latest developments, trends, updates, and important topical questions with real experts in the field. We will be exploring how to disagree well and take a behind-the-scenes look at mediation and share central mediation skills and their practical application in a variety of situations.
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