ValentiLaw.com November 2008
November Mediation News
From Thomas Valenti, P.C. at Valenti Law

What is Mediation?

Mediation is a process in which a neutral and impartial third party (the mediator) facilitates communication between negotiating parties which may enable them to reach an agreement. Mediation is an efficient and cost effective method for the resolution of both simple and complex cases.
 
 
 
 
"Gandhi was right: if we all live by 'an eye for an eye,' the whole world will be blind. The only way out is forgiveness."


Sidney and Suzanne Simon - Forgiveness: How To Make Peace With Your Past And Get On With Your Life
 
 
Five Problem-Solving Methods:  Avoidance, Accommodation, Competition, Compromise, and Collaboration
 
Avoidance:  I ignore or refuse to acknowledge the existence of conflict.  As a result, "I lose - you lose," because nothing can be done about it. 

Accommodation: I do what you want in order to satisfy your needs or wants. As a result, "I lose - you win," because I had to give up what I wanted or needed.

Competition: Either you or I will win, but not both of us. This is a form of fighting. As a result, "I win - you lose," because only one can win.

Compromise: You and I both give up part of what we wanted or needed to settle the problem. As a result, "I win some- you win some," because we were both will to give a little.

Collaboration: You and I work together to find an agreeable solution to the problem. As a result, "I win - you win," because we were willing to work together.

Conclusion - Collaboration is the best method for solving all problems!

 
 
The Background and Basis of Transformative Mediation

In their 1994 publication, The Promise of Mediation, Robert A. Baruch Bush and Joseph Folger explicitly outlined a framework for the practice of transformative mediation. Although practitioners had already touched on the possibilities of mediation in this realm, Baruch Bush and Folger's work defined transformative mediation, in contrast to the dominant orientation of problem-solving mediation. Problem-solving mediation is aimed at resolving specific disputes between parties and coming up with a mutually acceptable solution to the immediate, short-term problem. In problem-solving mediation, the mediator normally plays a very active role in guiding the process...Read More
 
 

"You will know that forgiveness has begun when you recall those who hurt you and feel the power to wish them well."


Lewis B. Smedes - Forgive and Forget: Healing the Hurts We Don't Deserve
 
 

Ohio County Court Adopts Foreclosure Mediation Program
 
Sandusky County Court in Ohio launched a mortgage foreclosure mediation program at the beginning of October, in response to a substantial increase in foreclosures in the county. According to an article in The News-Messenger, the program allows homeowners to request mediation if they also agree to participate in a credit counseling program and allow a certified appraisal of their home. Mediations are conducted by the county's staff attorney.
 
The program is based on a model developed by the Ohio Supreme Court earlier this year. Chief Justice Thomas Moyer has called on all Ohio judges with jurisdiction over foreclosure cases to use mediation to resolve those disputes. Mortgage foreclosures in Ohio increased 40% between 2003 and 2007.  For more information about the Ohio Supreme Court mediation program model, click here.
 
 
"With a little time and a little more insight, we begin to see both ourselves and our enemies in humbler profiles. We are not really as innocent as we felt when we were first hurt. And we do not usually have a gigantic monster to forgive; we have a weak, needy, and somewhat stupid human being. When you see your enemy and yourself in the weakness and silliness of the humanity you share, you will make the miracle of forgiving a little easier."

Lewis B. Smedes - Forgive and Forget: Healing the Hurts We Don't Deserve
 
 

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