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Holistic Mediation

Embracing the Not Knowing and the Transformative Potential in Conflict

Pervasive conditioning from early development commonly instills a belief in the need to maintain a clearly identified direction in which our lives are headed.  The thought or concept of “not knowing” is simply not looked upon favorably in schools, the workplace, or families of origin.  Most of

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Three Basic Types of Mediation

Most people seeking mediation services for the first time are doing so in search of less contentious, more cost-effective solutions to conflict.  The threshold factors in assessing whether a particular situation is ripe for mediation are the readiness, willingness, and ability of all parties directly involved in

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Legal Conflict and Inherent Unsatisfactoriness

To a significant degree, our counterproductive reactions to most situations involving conflict are a function of the extent to which we cling to inaccurate views of the nature of life.  A primary Buddhist teaching relates to the truth of suffering and the inherent unsatisfactoriness of existence.  This

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Moving Beyond Divisiveness

In the current U.S. election, Donald J. Trump has campaigned on the slogan “Make America Great Again.”  The policies espoused by Mr. Trump as a roadmap to this “greatness” largely pit one faction against another, implying that his vision of “greatness” is necessarily dependent on the exclusion

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Medi[T]ation: The Importance of Mindfulness in Law Practice and Mediation

On a surface level, most disputes revolve around some discreet event in the past that an individual has come to view as having violated his or her standards of “right” or “wrong,” or some more nebulous concept of “justice.”  But when the sense of violation arising from

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Litigation: The Outmoded Premise

In the context of civil dispute resolution, statutes, common law, and procedural rules are predicated on a dualistic notion of “justice.”  By this is meant that the entire system is built largely on the premise that one party is “right” and the other is “wrong.” It assumes

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Mediation: Often Not Just the Best Solution, the Only Solution

Defensive and aggressive reactions to conflict most often arise because of an inability to be heard and understood. At the heart of most conflict lies some core issue that, if recognized, acknowledged, and explored, would provide the seed for peaceful, optimal resolution, truly in the best interests

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Mediation Versus Litigation: Addressing a Larger Societal Problem

Within a wide swath of civil litigation can be found a common denominator: The tendency of people in contemporary American society to sidestep responsibility for their own happiness and well-being, instead looking toward external factors to blame for undesirable outcomes or consequences. Almost by definition, our predominant adversarial

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The Transformational Potential of Mediation

In conducting more than two dozen mediation sessions in Alameda County Superior Court, what is most glaringly apparent is the extent to which mediation participants enter mediation with all-defined, hardened positions.  Moreover, these individuals almost always are convinced that their interpretations of some event or events that

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Mediation versus Litigation: The Answer Becomes Clear

Where holistic law practice has at its core wisdom borne from a grounded sense of being, it is only within the mediation forum that individuals are afforded the freedom and flexibility to access this wisdom and have this wisdom guide participants toward optimal dispute resolution. In contrast,

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