Originally posted at mediationbytes.wordpress.com November 19, 2012

At the bankruptcy court's urging, Hostess and the Baker's Union agreed to mediation to avoid the liquidation of Hostess and the loss of an estimated 18,000 jobs.  But is it really a mediation? The judge hearing the case, Judge Robert D. Drain, will be the mediator.  The mediation is tomorrow.  If they do not agree, court resumes Wednesday.

This is really not mediation, is it?

First of all,…

Originally posted at www.mediationbytes.wordpress.com

I recently attended a session entitled "What Mediators Can Learn from the Brain Science of Grief Counseling" at the Northwest Dispute Resolution Conference in Seattle. I was interested that the lecturer, Professor John Medina, a molecular biologist fed up with current…

Originally published at www.mediationbytes.wordpress.com

<a href="http://mediationbytes.files.wordpress.com/2012/05/pepperdine.jpg"><img class="alignleft size-thumbnail wp-image-727" title="Pepperdine University" src="http://mediationbytes.files.wordpress.com/2012/05/pepperdine.jpg?w=150" alt="" width="150" height="94" /></a>

So, I am honored to have been invited to teach at Pepperdine University's Straus…

 Originally published at mediationbytes.wordpress.com

Should we really have clients recount traumatic events in detail in mediation?  Or is that actually a disservice to clients?   Are we reinforcing fear, and sidetracking settlement?  Or are we helping clients move past the trauma?

According to recent studies, recalling a traumatic event shortly after…

Originally posted at www.mediationbytes.wordpress.com

Should you mediate by Skype?  Perhaps.  There are benefits and warnings.

When a recent case was scheduled and one client would not be present in person, an attorney called me to discuss the client's participation by telephone.  After a short discussion, we decided to…