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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Essential Dispute Resolution

The COVID-19 pandemic is impacting all of us in ways we did not expect. For those involved in litigation, we are entering difficult and uncertain times, with courts limiting their services and jury trials on hold.

Mediation is more important than ever. We are transitioning from “alternative” dispute resolution to “essential” dispute resolution. If, for concerns of public safety, the courts cannot provide timely and predictable ways to resolve disputes, mediators must make this happen, safely, securely and effectively.

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