Are Legal Disputes Just About the Money? Answers from Mediators on the Front Line

Authors

Hal Abramson, Touro Law Center
Bennett G. Picker
Bill Marsh
Birgit Sambeth Glasner, Swiss Chamber for Commercial Mediation
Jerry Weiss

Abstract

This Article offers insights from four mediators at the front line of mediation practice-two from the United States and two from Europe. They are not part-time mediators with safe day jobs. Mediating is their day job. They are all Distinguished Fellows of the International Academy of Mediators ("IAM").

Collectively, they present a mindset for mediating that affords opportunities for uncovering needs and options that go beyond the presenting financial demands. Drawing on their years of experience, each contributor describes and illustrates how mediators can and must dig beneath the presenting claims to succeed in really resolving a dispute.

Each contribution was written independently, and yet the contributions offer remarkably similar critiques and observations, although each person brings to bear his or her distinctive perspective. As a group, they are sharply critical of binary processes like courts for resolving disputes and see binary processes as ones that mask the complexity of disputes and nuanced solutions. They also emphasize the importance of preparation and strongly endorse taking risks, being courageous, and probing deeply for the interests of the participants. Each of them also identify several of his or her favored techniques for moving beyond the mere financial exchange.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | Law | Law and Society

Recommended Citation

Hal Abramson, Bennett G. Picker, Bill Marsh, Birgit S. Glasner & Jerry Weiss, Are Legal Disputes Just About the Money? Answers from Mediators on the Front Line, 19 Cardozo J. Conflict Resol. 1 (2017).
Available at: https://larc.cardozo.yu.edu/cjcr/vol19/iss1/3