Transformative Theory

Study Confirms Simon Mediation Uses the Best Techniques

December 1 Dan's Blog, Transformative Theory

A study recently published by the ABA confirms what Simon Mediation has been preaching and practicing for years: the transformative methods used by Simon Mediation are far more effective than coercive tactics used by organizations such as JAMS, other retired judges, and most attorney-mediators. This ABA report is an analysis of 47 separate studies of mediation and covers a […]... Read More

Purpose Drives Practice in Transformative Mediation

August 18 Dan's Blog, Transformative Theory

In the below video, here’s what I say about what transformative mediation, and how its purpose connects to its practice: The way that we talk about transformative mediation, for me it’s perfectly accurate to say that my job as a transformative mediator is to help you have whatever conversation you want to have, period. When […]... Read More

The Transformative View of Conflict

April 6 Dan's Blog, Featured, Transformative Theory

In the below video, here’s what I say about the transformative view of conflict: You’ve got two parties, individuals, countries, or corporations, but two people or groups who are feeling threatened by each other and they are behaving therefore in ways that are designed to defend themselves from each other but often are perceived by the other […]... Read More

The Transformative Approach to Mediation vs. the Mainstream Approach

March 3 Dan's Blog, Transformative Theory

I the video below, here’s what I say about the interest-based, Facilitative or problem-solving approach to mediation, along with an introduction to the very different transformative approach: Facilitative: The next step of the evolution of mediation [that is, the next step after the very backward settlement-conference approach used by many retired judges and long-time litigator-mediators] [&... Read More

Old-School Mediation Techniques

October 22 Dan's Blog, Mediation vs. The Law, Lawyers, and Courts, Transformative Theory

Learn why old-school mediation techniques aren’t effective. Here’s what I said in this interview about the unfortunate way that most litigation-related mediation is currently done: ” I think there is a wide spectrum of what is considered mediation or what is called mediation. From what I’ve gathered from anecdotes from the lawyers I’ve talked to […]... Read More