Five Failures of Mediation … and What Mediators Can Do About It

Five Failures of Mediation … and What Mediators Can Do About It Harry Kaminsky – Principal, Kaminsky Mediation Consulting I was initially trained as a divorce and family mediator in 1983 by John Haynes. This was by far the best training program I have had the privilege of participating in and it changed my life.  […]

Five Failures of Mediation … and what Mediators Can Do About It (part 4)

Failure to negotiate using principled negotiation methods Ask people what the goal of negotiation is and they might reply that it is to get the most out of the other side while giving up as little as possible. Both sides involved in the negotiation might even agree. But that should not be the goal of […]

Five Failures of Mediation … and what Mediators Can Do About It (Part 3)

Failure to effectively communicate The most difficult aspect of any negotiation is the part we most often take for granted. This is the ability to effectively communicate. All verbal communications involve at least three steps and each step creates the opportunity to either correctly deliver or distort the message. The three steps are simple enough. […]

Five Failures of Mediation … and what Mediators Can Do About It (Part 2)

Failure to correctly identify interests I was recently told of a mediation that involved the sale of a family business. The mediation concerned disagreements between family members regarding the value of the business and ultimately the money each would receive upon the sale. Over the course of several hours each family member identified a payment […]

Five Failures of Mediation … and what Mediators Can Do About It (Part 1)

I was initially trained as a divorce and family mediator in 1983 by John Haynes. This was by far the best training program I have had the privilege of participating in and it changed my life.  Since then I have participated in mediation training programs that focused on construction, employment, and commercial practice areas. Some […]

Bite the Hand That Feeds You

If you believe that mediation is all about reaching settlement and nothing more … stop reading. If your experience in mediation as a participant or advocate falls short of your expectation than continue reading for some insight. Although mediation has been around since biblical times, the process gained its legs in the business world in […]