Reflections on 25 Years of Mediating

Reflections on 25 Years of Mediating

This month marks my 25th year mediating cases. This had led me to think back on my first mediations and what I have learned since then.

I signed up as a volunteer mediator in New Hampshire in 2000, not long after ADR became mandatory for civil cases. At that point in time, the Clerk’s office would schedule three back-to-back mediations in one day, each lasting two hours. It was a strange combination of speed dating and mediating, all taking place at the courthouse.

I have mediated a lot of cases since then, and hope I have learned a few things about the mediation process. Here are some observations that might be helpful:

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(Almost) Escaping the Rule Against Perpetuities

There are many things that strike fear in the hearts of law students preparing for the bar exam. The worst for me was worrying that I would get a question on the rule against perpetuities.

The rule against perpetuities is an arcane legal doctrine tracing back to 17th century English common law. We are told that it limits the ability to put long-lasting restrictions on land.

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