Arbitration & Mediation

There's a New Mediator on the Blog Block Talking "True" and "False" Mediations

By Victoria Pynchon

Let's welcome New York attorney-mediator Christian S. Herzeca of Mediation Mediations to the blogging block and thank him for joining the conversation about what "true" mediation really is. 

Who is to say that a mediator is truly practicing true or false mediation?

I attended a conference regarding mediation in personal injury cases, where insurance company defendants were discussing the relative merits of mediation versus showing willingness to go to trial. I was appalled to hear a panel member, a sitting judge, describe what he referred to as the mediation that he practices in his cases. He described his mediation by invoking the law of the jungle, predators and predation, excoriating "weak" plaintiffs and coercing them to settle by telling them in chambers that the strong defendant would devour them at trial. He seemed impressed by his analogy. I remember talking to another panel member, a retired judge, after the conference, shaking our heads as we agreed that if this can pass for mediation, then there is no useful meaning to the practice. 

Click here for the remainder of the post.

WELCOME CHRISTIAN!!   And thanks for adding us to your blog roll . . . in just a minute now you'll be added to ours too.

Full post as published by Settle It Now Negotiation Blog on January 31, 2008 (boomark / email).