Arnold Zeman's Blog (38)

Opening statements by the mediator

(Originally posted in Dialogic Mediation Services)

It's important in the mediation process, irrespective of the model, for the mediator to explain how she works in an opening statement. There are two reasons for this: participants have a right to know what to expect from the mediator and how the process will unfold; and, participants have a right to make an informed decision on whether the process will be helpful to…


Added by Arnold Zeman on January 7, 2014 at 1:30pm — No Comments

The Magic of Mediation or How Theory is disconnected from Practice

(Originally published by the Institute for the Study of Conflict Transformation on June 20, 2012 under the title, Letting Clients Take Responsibility)

Recently, I mediated with a young couple where neither of the two had completed high school. As a transformative practitioner, I tried to ensure that I supported, rather than…


Added by Arnold Zeman on June 20, 2012 at 1:47pm — No Comments

Where have all the Quebec mediators gone?

(originally published on

Last night on television's
 Saturday Night Live, Montreal-based rock band
 Arcade Fire wore the Quebec student movement's emblematic red squares and, in doing so, focused attention on the


Added by Arnold Zeman on May 22, 2012 at 9:00am — No Comments

When worlds collide, or seeing conflict as a crisis in human interaction

(first published in

[caption id="" align="aligncenter" width="620"] Herzog, Paris Café, 1959, inkjet print. Collection of the artist, Courtesy of Equinox Gallery (Globe and Mail, online)[/caption]

The starting point for the transformative model of mediation is…


Added by Arnold Zeman on May 10, 2012 at 9:00am — No Comments

Mediation & Litigation Have Different Objectives

(First published on

One of the strong arguments that advocate the use of mediation is tied to the public policy issue of access to justice.  Simply stated, many cases on the court docket can be dealt with more efficiently in mediation, thereby freeing up the justice system to deal with other cases, and easing bottle-necks and backlogs in the administration of justice.  This has led many…


Added by Arnold Zeman on April 8, 2012 at 9:30am — No Comments

Seeing really is believing (sometimes)

The McGurk Effect: "The visual information a person gets from seeing a person speak changes the way they hear the sound."  The below demonstrates this illusion with the sound  'ba' that becomes heard as 'fa' when the movement of the lips is changed:

This phenomenon has implications for social…


Added by Arnold Zeman on March 5, 2012 at 10:02am — No Comments

H.H. The Dalai Lama and Transformative Practice

[originally published on]

A couple of weeks back, Dan Simon drew a comparison on his new transformative mediation blog between the thinking of Carl Rogers, the founder of…


Added by Arnold Zeman on March 2, 2012 at 9:00am — No Comments

Transformative Mediation Training and Spiritual Communities

(originally published in

I'm just back from taking part as a role play coach in the three-day "Basic  Mediation Training - The Transformative Approach to Mediation".

The training was co-led by Winnie Backlund and Basia Solarz, and was held with…


Added by Arnold Zeman on February 8, 2012 at 9:00am — No Comments

Why it's a bad idea for mediators to give advice

(originally published at

Distinguished educator and mediator, Tammy Lenski, is celebrating the tenth anniversary of her blog, Conflict Zen.  As part of that celebration, she wants to highlight some of her favourite…


Added by Arnold Zeman on January 24, 2012 at 11:39am — No Comments

Canadian Same-Sex Marriages of Non-Residents May be in Doubt

(Originally published in

In responding to a court application for divorce of a same-sex couple married in Canada, a federal government lawyer has taken the position:

  1. Non-resident couples who marry in Canada "must live in the…

Added by Arnold Zeman on January 12, 2012 at 11:14am — No Comments

Is Mediation Confidential in Ontario?

(First published in



As Rick Weiler notes in a December 22 post on the Kluwer Mediation Blog, the issue of mediation confidentiality "arises before the Courts from time to time and we are fortunate to have the recent,…


Added by Arnold Zeman on January 2, 2012 at 12:41pm — No Comments

Listening like a dog

First published in



In transformative mediation circles, we often speak of 'listening like a cow'.  (See my two previous posts on this quality of attention here and here.)  In brief, this simile is…


Added by Arnold Zeman on December 30, 2011 at 1:43pm — No Comments

Transformative Mediators Establish Network in Quebec

Originally published in on October 31, 2011:


John Peter Weldon is a Quebec-based Certified Transformative Mediator™, lawyer, and trainer for the Continuing Legal Education Service of the Quebec Bar (Le Barreau du Québec).  He recently announced the creation of the Réseau pour une approche…


Added by Arnold Zeman on November 1, 2011 at 10:11am — No Comments

Review of "Transformative Mediation: A Sourcebook"

(originally published on


I'm pleased to note that has published my review of the latest addition to the transformative mediation literature, Transformative Mediation - A Sourcebook  Resources for Conflict Intervention Practitioners and…


Added by Arnold Zeman on July 9, 2011 at 6:32pm — 1 Comment

The State of Mediator Impartiality

[originally published in dialogicmediation]

tricycle, the Buddhist Review, introduced a new feature, "Dear Abbey Dharma", in its Spring 2010 issue to offer advice to readers' toughest Dhamma questions. The column is authored by… Continue

Added by Arnold Zeman on June 24, 2010 at 11:19am — 1 Comment

Is Interest-Based Mediation Derived from a Misunderstanding?

(Originally published in DIALOGIC Mediation)

Regular readers of this blog know that I practise mediation using the transformative model. (For more information, please see the tag, transformative mediation.)

The most prominent and dominant approach to mediation is, however, the interest-based model, derived from the concept of…


Added by Arnold Zeman on May 1, 2010 at 10:00am — 5 Comments

Mediation and Hybrid Services

(originally published in Dialogic Mediation)

Diane Cohen raises an interesting and important question in an article published last month by the influential website,

In Is Mediation the Right Word? , she argues that many of the… Continue

Added by Arnold Zeman on April 10, 2010 at 12:32pm — No Comments

Joe Folger Interviewed about Transformative Mediation

(originally posted at Dialogic Mediation)

Joseph Folger

Below is a recent podcast interview… Continue

Added by Arnold Zeman on April 3, 2010 at 3:42pm — No Comments

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