Additional insights into are offered by Beyond Intractability project participants.
In their 2004 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.
Instead, Bush and Folger proposed that mediation can effect much deeper changes in people and their interpersonal relationships, beyond just remedying a short-term problem. They proposed a way of practicing mediation that seeks to address deeper levels of social life. In the preface of their seminal work, they stated that, "mediation's greatest value lies in its potential not only to find solutions to people's problems but to change people themselves for the better, in the very midst of conflict."[1] By employing a specific perspective on mediation practice as well as specific techniques, they believe mediation possesses the power to change how people behave not only toward their adversary in a particular conflict, but also in their day-to-day lives thereafter. Mediation, in their opinion, can transform individuals. For mediators who adhere to the framework of transformative mediation, achieving this type of long-term change is more important than solving a specific problem between parties.
The transformative approach to mediation does not seek resolution of the immediate problem, but rather, seeks the empowerment and mutual recognition of the parties involved. Empowerment , according to Bush and Folger, means enabling the parties to define their own issues and to seek solutions on their own. Recognition means enabling the parties to see and understand the other person's point of view -- to understand how they define the problem and why they seek the solution that they do. (Seeing and understanding, it should be noted, do not constitute agreement with those views.) Often, empowerment and recognition pave the way for a mutually agreeable settlement, but that is only a secondary effect.
The primary goal of transformative mediation is to foster the parties' empowerment and recognition, enabling them to approach their current problem, as well as later problems, with a stronger, more open view. It should be noted as well that achieving empowerment and recognition is assessed independently of any particular outcome of the mediation.[2] This approach, according to Bush and Folger, avoids the problem of mediator directiveness, which so often occurs in problem-solving mediation. Transformative mediation instead puts responsibility for all outcomes squarely on the disputants.
Empowerment is used by Bush and Folger in a way that differs from common usage. It does not mean power-balancing or redistribution, but rather, increasing the skills of both sides to make better decisions for themselves (see empowerment debate for more on common usage). Specifically, Bush and Folger define the term "empowerment" as: "The restoration to individuals of a sense of their own value and strength and their own capacity to handle life's problems."[3] They explain that through empowerment, disputants gain "greater clarity about their goals, resources, options, and preferences" and that they use this information to make their own "clear and deliberate decisions."[4]
Developing clarity in these areas will strengthen parties' own ability to resolve the conflict in which they are involved. This type of empowerment may be called skill-based empowerment, meaning that parties are empowered by improving their own conflict-resolution skills. Parties are empowered when they learn how to listen, communicate, analyze issues, evaluate alternatives, and make decisions more effectively than they could before.[5]
Empowerment occurs in transformative mediation when the mediator watches for opportunities to increase the parties' clarity about or skills in these areas. The transformative mediator aims to foster parties' clarity and skills in a way that allows the parties to maintain control of both the process and the substance of the discussions. Unlike problem-solving mediators, transformative mediators are careful to take a secondary role, rather than a leading role in the process. It is said that they "follow the parties" around, and let the parties take the process where they want it to go.
By recognition , Bush and Folger mean considering the perspective, views, and experiences of the other. Recognition, they say, "means the evocation in individuals of acknowledgment and empathy for the situation and problems of others"[6] (see empathic listening ). As with empowerment, the effect of recognition in transformative mediation is meant to extend beyond a particular conflict and into the parties' everyday lives. In the long term, achieving recognition in transformative mediation should help expand parties' ability and willingness to relate to others in a more understanding and considerate way.[7]
Recognition is something one gives, not just something one gets. It is a process of acknowledging one's adversary as a human being with his or her own legitimate situation and concerns. According to Bush and Folger, recognition must be based on empowerment in that parties must be confident in their freedom to make decisions regarding the course of the dispute.[8] Given the importance of empowerment, transformative mediators allow the parties to choose how much they want to recognize the views of the opponent. It is possible that recognition will lead to complete reconciliation between disputants. On the other hand, parties may recognize each other to a much lesser extent, and may be willing to suspend self-interest only momentarily, or not at all, in order to recognize the other.
There are many differences between transformative and problem-solving mediation. The only similarity is that each uses a third party to assist the disputing parties to deal with the dispute in a new way. That "new way," however, differs considerably from one process to the other, as can be seen in Figure 1, below.
Note: These are idealized descriptions. Actual mediators will hold these ideas and follow these actions to a lesser or a greater degree.
Copied (with permission) from " Transformative Approaches to Conflict ," by Heidi Burgess and Guy Burgess with Tanya Glaser and Mariya Yevsyukova. Problem-solving or "settlement-oriented" mediation, which is by far the dominant approach in the field today, is just what the name implies; it is focused on solving a problem by obtaining a settlement. The settlement-oriented mediator usually explains that this is the purpose at the outset, and defines a process that will assist the parties to work toward that goal. All of the mediator's actions are designed to facilitate settlement. Emotions that might escalate anger and thus prevent a settlement are controlled. Issues that are nonnegotiable are diverted, while parties are encouraged to focus on negotiable interests. Mediators tend to discourage a discussion of the past as that often involves blame, which can make progress more difficult. Rather, parties are encouraged to focus on what they want in the future, and develop ways in which their interests can be met simultaneously (see joint/assisted reframing ). Sometimes the settlement-oriented mediator acts more as an arbitrator than a transformative mediator, proposing a solution and working hard to "sell" it to the parties (see arbitration ). Settlement-oriented mediators often try to keep the parties moving forward, encouraging them to move from one stage to the next as quickly as possible and using a deadline as an inducement to come to an agreement. Transformative mediators work very differently. They explain in the opening statement that mediation provides a forum for the parties to talk about their problem with a neutral third party present. It is explained that this can be helpful for clarifying the nature of the problem from both parties' points of view. It also helps disputants develop a range of options for dealing with the situation. This process should help the clients make better choices about how to proceed, and may help them better understand the views of the other party. This understanding may enable the clients to reach a mutually satisfactory solution, or it may suggest other approaches for handling the situation. Thus settlement is presented as one, but clearly not the only possible, successful outcome of mediation. Usually, transformative mediators will then work with the parties to develop goals, ground rules , and a process they want to use. Mediators will make suggestions about process and ask questions (usually to encourage either empowerment or recognition of the other), but they will not direct the conversation, nor will they suggest options for settlement. In transformative mediation, this is the parties' job. Bush and Folger describe the mediator's job as "following the parties around." The mediator follows the parties' leads and then helps them clarify for themselves and the other, what their real concerns are and how they want to see them addressed. Sometimes, recognition by the other is all that is really needed to reach mutual satisfaction. Other times, parties must go further and negotiate interests. Interest-based negotiation is, of course, allowed in a transformative process, but usually shares center stage with the discussion of feelings and relationship issues. The definition of success also differs in the two kinds of mediation. Typically, settlement-oriented mediation is not considered successful unless a settlement is reached. Transformative mediation, however, is successful if one or both parties becomes empowered to better handle their own situation or the parties better recognize the concerns and issues of the other side. Very often, the empowerment and recognition gained by the parties allow them to develop a mutually agreeable outcome. However, according to Bush and Folger, the opposite often does not occur. The settlement-oriented mediation process does not lead to empowerment and recognition, because it tends to ignore relationship issues in favor of narrower, more concrete interests. Bush and Folger's Ten Hallmarks of Transformative MediationIn a 2007 follow-up article to their book The Promise of Mediation , Bush and Folger presented a list of 10 hallmarks of transformative mediation that distinguish its practice from other forms of third-party intervention processes. One may summarize these hallmarks as follows:[9]
Applying the Transformative ApproachTransformative mediation is a relatively new concept, though many mediators had been acting in this way for a long time, but did not have a name for their style until Bush and Folger defined transformative mediation as a concept. Because empowerment and recognition are phenomena that happen to people, the transformative approach is usually thought to be useful in interpersonal conflicts such as family conflicts, conflicts between neighbors, and conflicts between co-workers. However, Bush and Folger argue in the Promise of Mediation that the approach is just as applicable in other kinds of settings. For example, legal mediation has been criticized for being overly directive compared to other forms of mediation. Bush and Folger argue that legal mediation would benefit greatly from the adoption of a transformative approach, leaving directive intervention to the courts and judges. The same is true, they argue, for business mediation. Mediation with organizations, rather than individuals, becomes more complicated. Organizations are always represented by individuals, but the changes and learning that those individuals experience are hard to relate back to the people they represent. Problems can develop when the mediation process transforms representatives, but not their constituents, who are not at the table (see stakeholder representatives ). Methods must be found to extend this transformation to constituencies, if the effect of transformative mediation is to have widespread significance at the organizational, public policy, or societal level. The same is true for inter-group and international situations. Improving relationships and transformation of the conflicts to ones that are less destructive is critical in these situations, but transforming the leaders or the group representatives is not enough. Somehow, this transformation must be brought to the grassroots level before conflict transformation or resolution can be achieved. [1] Robert A. Baruch Bush and Joseph P. Folger, The Promise of Mediation: The Transformative Approach to Conflict , 2nd ed. (San Francisco: Jossey-Bass Publishers, 2004) < http://www.beyondintractability.org/bksum/bush-promise >. [2] Ibid.2. [3] Ibid, 2. [4] Robert A. Baruch Bush and Joseph P. Folger, "Transformative Mediation and Third-Party Intervention: Ten Hallmarks of a Transformative Approach to Practice," Conflict Resolution Quarterly 13, no. 4 (January 2007) < http://www.beyondintractability.org/library/external-resource?biblio=22838 >. [5] Baruch Bush and Folger, "Transformative Mediation and Third-Party Intevention," 85-87. [6] Ibid, 2. [7] Ibid, 94. [8] Ibid, 93. [9] Baruch Bush and Folger, " The Promise of Mediation," 266-275. [10] There is a long discussion of the Bush and Folger approach in the Dugan essay on Empowerment . There is also much material that is discussed in both essays. Use the following to cite this article: Spangler, Brad. "Transformative Mediation." Beyond Intractability . Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: October 2003 < http://www.beyondintractability.org/essay/transformative-mediation >. Additional ResourcesThe intractable conflict challenge. ![]() Our inability to constructively handle intractable conflict is the most serious, and the most neglected, problem facing humanity. Solving today's tough problems depends upon finding better ways of dealing with these conflicts. More... Selected Recent BI Posts Including Hyper-Polarization Posts![]()
Get the Newsletter Check Out Our Quick Start Guide Educators Consider a low-cost BI-based custom text . Constructive Conflict Initiative ![]() Join Us in calling for a dramatic expansion of efforts to limit the destructiveness of intractable conflict. Things You Can Do to Help IdeasPractical things we can all do to limit the destructive conflicts threatening our future. Conflict FrontiersA free, open, online seminar exploring new approaches for addressing difficult and intractable conflicts. Major topic areas include: Scale, Complexity, & Intractability Massively Parallel Peacebuilding Authoritarian Populism Constructive Confrontation Conflict FundamentalsAn look at to the fundamental building blocks of the peace and conflict field covering both “tractable” and intractable conflict. Beyond Intractability / CRInfo Knowledge Base ![]() Home / Browse | Essays | Search | About BI in ContextLinks to thought-provoking articles exploring the larger, societal dimension of intractability. Colleague ActivitiesInformation about interesting conflict and peacebuilding efforts. Disclaimer: All opinions expressed are those of the authors and do not necessarily reflect those of Beyond Intractability or the Conflict Information Consortium. Beyond Intractability Unless otherwise noted on individual pages, all content is... Copyright © 2003-2022 The Beyond Intractability Project c/o the Conflict Information Consortium All rights reserved. Content may not be reproduced without prior written permission. Guidelines for Using Beyond Intractability resources. Citing Beyond Intractability resources. Photo Credits for Homepage, Sidebars, and Landing Pages Contact Beyond Intractability Privacy Policy The Beyond Intractability Knowledge Base Project Guy Burgess and Heidi Burgess , Co-Directors and Editors c/o Conflict Information Consortium Mailing Address: Beyond Intractability, #1188, 1601 29th St. Suite 1292, Boulder CO 80301, USA Contact Form Powered by Drupal production_1 ![]() Bringing you the Best Analytical Legal News
Mediation: The Future of Dispute Resolutionby Ankoosh Mehta*, Durga Agarwal** and Maitrayi Jain***
![]() I. Introduction For eons, Indians have been reliant on court-driven litigation and, more recently on arbitration for resolving commercial disputes. The significance and impact of mediation in amicable dispute resolution is vastly underrated and under appreciated as reliance on mediation has been restricted to only family disputes and other elementary matters. However, the advent of COVID-19 has forced the world, including the legal industry, to change the norms and to adapt and reform around the new normal and we believe that the insurgence of COVID-19 will give us an opportunity to re-discover the significance of mediation as an effective form of dispute resolution mechanism, especially in commercial matters. II. Evolution of Mediation Mediation was popular even before it found a place in the books of law. Ancient Greek civilisation had village elders resolving fights between the locals. In India, instances of mediation can be found in the village panchayat system, wherein, the village elders or ‘Panchs’ resort to mechanisms like mediation to amicably resolve family and land related disputes between the locals. Acknowledging the importance of mediation, the Indian legislature enacted the Legal Services Authorities Act, 1987 [1] , which introduced the Lok Adalat system. Lok Adalats provide a platform to resolve disputes in the pre-litigation stage by way of amicable settlement. Thereafter, in 1988, the 129 th Law Commission Report on Urban Litigation and Mediation as Alternative to Adjudication and the Arrears Committee Report, also known as the Justice Malimath Committee Report was published. Considering the backlog of cases lying before the Indian courts, Justice Malimath Committee Report recommended that the parties be encouraged to refer their disputes to alternate dispute resolution mechanisms (“ADRs”) [2] . These recommendations eventually paved the way for the Code of Civil Procedure (Amendment) Act, 1999 [3] , which introduced Section 89 of the Code of Civil Procedure, 1908 (“ CPC ”). Section 89 CPC empowered the courts to refer disputes, with the potential to be settled to ADRs (which included arbitration, conciliation, mediation, judicial settlement) [4] . On April 9, 2005, the Tamil Nadu Mediation and Conciliation Centre, the first court annexed mediation centre was inaugurated [5] . Thereafter, in August 2005, the ex-Chief Justice of India, Justice R.C. Lahoti, constituted a Mediation and Conciliation Project Committee for imparting mediation training for Judges [6] . As of date, several High Courts have their own mediation centres and rules governing them. Please see below a table providing the various initiatives taken by different High Courts in India:
Realising the potential of mediation for speedy and cost-effective dispute resolution, an amendment to the Commercial Courts Act, 2015, was made in 2018, introducing Section 12-A, which mandatorily requires the parties to attempt to mediate their disputes before initiating judicial proceedings [7] . Recently, the Supreme Court in January 2020, set up a panel, headed by Mr Niranjan Bhat, to recommend and draft legislation, codifying mediation practice in India. These attempts made by the legislature and judiciary to bring mediation in the mainstream have been futile as the true potential of mediation still remains underutilised . III. Statistical Analysis of Mediation in India Vidhi Centre for Legal Policy (“Vidhi”) published a report called “Strengthening Mediation in India” in December 2016 (“the Report”) [8] , wherein Vidhi, in collaboration with the Department of Justice, Ministry of Law and Justice, analysed the progress of court referred mediation [9] , focusing on the data provided by Bangalore Mediation Centre and Delhi High Court Mediation and Conciliation Centre. The table below shows certain key trends in mediation [10] :
According to the statistics available on the website of Kerala State Mediation and Conciliation Centre, matters referred to mediation show a success rate of 35.42% in 2016 [11] . These abysmal figures can be attributed to various factors, including reluctance of litigants to mediate, lack of awareness and inadequate infrastructure. IV. Why Mediation? Mediation is different from other forms of ADR such as arbitration, conciliation and settlement. Unlike litigation and arbitration, which are adversarial in nature, mediation is founded on pillars of cooperation and trust, and is similar to negotiation. A mediator acts as a facilitator between the parties to arrive at a solution, without dictating the settlement terms. The main difference between mediation and conciliation lies in the role played by a mediator and a conciliator. A conciliator has broader powers of intervention and is empowered to draft the terms of settlement. However, a mediator is a facilitator, who helps parties to resolve their problems on their own. A mediator can give suggestions and persuade the parties to arrive at a solution. Indian courts have always been over-burdened and the backlog of pending cases is daunting. Even though litigation provides an effective dispute resolution method, it does have various drawbacks, including exorbitant costs, undue delays and cumbersome procedure. In recent times, arbitration has gained popularity. Although arbitration provides solution to the various drawbacks of litigation, it remains to be an expensive ADR.On the other hand, mediation provides for a cost-effective manner of dispute resolution. It also provides parties an opportunity to resolve their disputes amicably, within a pre-decided time-frame. This helps them avoid the exorbitant cost incurred due to litigation and the undue delays, which are beyond their control. Mediation gives the parties the flexibility to decide the manner and procedure to be followed to resolve their disputes, depending on the nature of their dispute and the relation between the parties. It also allows the parties to arrive at a tailor-made solution, minimising an unfavorable impact. Parties have the autonomy to conduct a cost-benefit analysis before arriving at the most favourable solution. Additionally, unlike litigation, where the documents once filed become public, mediation allows the parties to keep their documents and discussions undertaken during the mediation, confidential. This is specifically relevant for the companies, as any adverse information about the company, can fluctuate share prices of the company. It is worth mentioning here that various multi-national corporations, companies and partnership firms have also realised the above mentioned benefits of mediation, which has resulted in them introducing clauses for mandatory mediation in cases of any disputes or disagreements between the parties. Even with all these advantages, mediation is still not a popular choice. V. Mediation in the wake of COVID-19 As already discussed in the introduction, this pandemic has placed us in a situation where we are forced to adapt to survive. Slowly and gradually, we are shifting from the traditional ways to modern and innovative ways. Mediation provides a viable alternative to resolve disputes. Under the current circumstances, it would be beneficial for the parties to act in cooperation instead of being adversarial, as an adversarial approach may not always yield a beneficial outcome. In light of the virus outbreak, jurists contemplate that a number of disputes will arise on the interpretation of force majeure clauses, material adverse effect clauses and termination clauses. While doing so, it is not always advisable to knock on the doors of the courts to seek justice, especially when such key clauses are missing or inadequately drafted. Therefore, while the courts are grappling with the existing backlog of cases, the restrictions in its functioning due to the lockdown and the fresh set of disputes arising due to the current scenario, we feel there might be a shift in the manner in which commercial disputes are or will be resolved, with increased reliance on mediation. Several Indian High Courts, including the High Court of Judicature at Bombay, Delhi High Court, Kerala High Court, etc., and various international organisations like the Singapore International Arbitration Centre, London Court of International Arbitration, International Chamber of Commerce have already formulated mediation rules. These rules are comprehensive, extensive and can be adopted by parties to deal with the procedural aspects of mediation. Parties also have the option of opting for adhoc arbitration, allowing them to decide on the procedure to be followed during mediation. Keeping in mind the above benefits and the role mediation can play in the times to come, Singapore International Mediation Centre has launched the SIMC COVID-19 Protocol [12] , providing business with an effective solution by way of expedited mediation for dispute resolution. A similar project has been launched by Georgian International Arbitration Centre in collaboration with Resolve and with assistance of European Union and United Nations Development Programme, allowing the parties to either refer their dispute to facilitation or mediation [13] . These moves show the preparedness of various organisations in accepting that mediation will bring the new dawn in dispute resolution, during and even after the pandemic. IV. Conclusion The outbreak of the COVID-19 pandemic has resulted in the introduction of various restrictions and changes in law by the legislature, thereby disrupting the functioning of business. Due to the lockdown initiated on account of the COVID-19 outbreak, the Indian economy is experiencing a steady downfall. People and businesses are fending for themselves and are making all efforts to survive. Market leaders are contemplating that the present situation will act as a hotbed for disputes. These new disputes would require speedy and cost-effective solutions. To contain the impact of the fast spreading virus, the courts have also been functioning at minimal capacity and only hearing urgent matters, which makes approaching the courts for dispute resolution a slightly challenging exercise. In the wake of the current situation, mediation appears to be a viable and effective alternative to traditional dispute resolution methods as it can deliver cost-effective and speedy resolution of disputes, especially in cases of commercial disputes. Considering the pandemic and the repercussions to follow, we envisage a shift in the dispute practice being driven by mediation. This shift would require us to be prepared and hence it is imperative to ensure we obtain the requisite training and the skill set to be able to meet the changing demands. *Partner, Cyril Amarchand Mangaldas **Associate, Cyril Amarchand Mangaldas ***Associate, Cyril Amarchand Mangaldas [1] Legal Services Authorities Act, 1987 [2] https://delhicourts.nic.in/dmc/history.htm , last visited on May 28, 2020. [3] Code of Civil Procedure (Amendment) Act, 1999 [4] Section 89 CPC [5] http://www.hcmadras.tn.nic.in/mashist.html last visited on June 10, 2020. [6] https://delhicourts.nic.in/dmc/history.htm last visited on June 10, 2020. [7] Section 12-A, Commercial Courts Act, 2015 [8] https://doj.gov.in/sites/default/files/Final%20Report%20of%20Vidhi%20Centre%20for%20%20Legal%20Policy.pdf last visited on May 28, 2020. [9] There are two broad categories of mediation: (i) Court referred mediation, wherein, the courts while exercising their powers under Section 89 CPC, refer appropriate matters to mediations; and (ii) Private mediation, wherein, the parties to a dispute agree to mediate their disputes. [10] https://dakshindia.org/Daksh_Justice_in_India/14_chapter_04.xhtml#fn21 last visited on May 28, 2020. [11] http://keralamediation.gov.in/Statistics last visited on May 28, 2020. [12] http://mediationblog.kluwerarbitration.com/2020/05/21/international-mediation-and-covid-19-the-new-normal/?doing_wp_cron=1591162205.3996729850769042968750 last visited on June 3, 2020 [13] http://giac.ge/giac-and-resolve-are-joining-forces-to-launch-covid19-business-support-initiative/ last visited on June 3, 2020. ![]() Section 125 CrPC: Can the second wife be entitled to maintenance from her husband?![]() Delhi HC granted bail to a man accused of raping woman he met on dating app on pretext of marriage![]() Do convicts have a fundamental right to procreate? Watch to know what Delhi High Court recently held![]() Book release of 8th edition of “Criminology, Penology and Victimology” revised by Sanjay VashishthaOne comment. Hi Author, Thanks for sharing this informative post with us. I like this blog keep sharing. Join the discussionLeave a reply cancel reply. Your email address will not be published. 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YCM is organizing an Essay Competition on Mediation. They are India’s first Skill Builder and Service Provider for Dispute Resolution to Dispute Prevention for All. About the OpportunityYCM is excited to announce to you that they are coming up with YCM’s Essay Competition on Mediation. They are excited to read your insightful essays and creative narratives. This essay competition is your gateway to share your unique perspectives on Mediation with YCM. The topics for Students are:
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Each article can be authored by only one author. The top 6 participants will be mentored by YCM to present their essays during National and International Events. Participation Certificates will be provided to all the participants who participated. PresentationThe essays should not exceed 500 words. ![]() How to Register?Interested participants are required to register for the Competition by filling out the registration form through the link provided at the end of the post. Important Dates
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The Heartache of Calling Israel Home![]() I knew that as soon as we came home to Israel, I’d ask myself why we’d been so eager to get back. I’d disconnected for a few days in New York with my family, even stopped wearing the hostage necklace I wore every day, and I knew it would be hard to return. What I didn’t know was that the day we got back I’d hear that the bodies of six young hostages had been found , shot by Hamas shortly before the Israel Defense Force (IDF) got to them. In the weeks following Oct. 7, I couldn’t hear anything about the atrocities without breaking down. I was a new mother , only beginning to understand my role protecting the world’s most precious person, and it all felt too raw, too horrifying, too close. I walked out of rooms when people started talking. I watched no TV and avoided unnecessary news and shut down social media. I even averted my eyes in the street when I caught sight of the red letters on the hostage posters, name and age at the top, and “BRING HIM/HER HOME NOW!” printed beneath a smiling photograph. After some weeks had passed, and the radio started playing regular songs and not only sad ones, I let myself look up at one of the posters, into the eyes of a hostage. Alex Lobanov. He wore an apron and stood next to a lemonade dispenser and smiled back at me. The simplicity of the scene, contrasted with where I knew he was now, twisted my stomach. I thought of his mother. Read More: Scenes From Israel, Where Protesters Blame Netanyahu for the Deaths of Hostages At an intersection by my house hung a huge poster of Hersh Goldberg-Polin in a floral printed shirt. Having grown up near my office, in the Baka neighborhood of Jerusalem, in an American family like mine, he felt just one degree away from me. Many people I know knew him. Along with thousands of others, I walked with a flag to meet his funeral procession. I’d held a poster with Carmel Gat’s face on it – smile and curls – at one of the weekly protests for the return of the hostages a few months ago. She reportedly taught meditation and yoga to the other hostages to help them survive. Almog Sarusi was from Ra’anana, where I grew up. His father runs an electric store in my parents’ neighborhood and had a table outside his store with prayer cards and a picture of his son. I’d paused several times at Eden Yerushalmi’s poster and wondered who her friends were. I’d read about Ori Danino, who fled the tragic party on October 7 and then went back to save people. All dead. Abandoned. The night we were supposed to fly home from the States turned out to be the night (or morning, Israel time) of Hezbollah’s planned massive missile attack and Israel’s preemptive strike. At the gate, we received news alerts about the Tel Aviv airport shutting down, power outages up North, and Israel’s Defense Minister and IDF spokesperson warning civilians about the situation. For a few minutes – which coincided with the plane’s boarding – it looked like this might be the beginning of a much bigger war we’ve all been dreading. With little information and no time, my husband and I decided not to board. We didn’t want to take our toddler into a war zone. Shortly after the plane took off, it became clear that this was not a regional war – just another crazy day in Israel. But now we were stuck. Almost all airlines had stopped flying to Israel, and the remaining flights were fully booked. We spent 15 hours at JFK with a 20-month-old Imri, who shouted “up-up” at every airplane he saw, but we did not go up. At the end of another futile day at the airport that week, I walked straight up to the pilots. “Please,” I begged them. “Is there anything you can do? I want to get my family home.” What were we so anxious to get back to? Nothing, really. Work. Daycare. Our own washing machine. Buying overpriced cottage cheese at the minimarket down the road. Being home. We had Central Park, but I missed the little playground by our house where Imri rides his baby bike and eats other kids’ Bamba. Finally, we made the very expensive decision to buy tickets from a different airline, with a nine-hour layover in Athens, and a 3:30 a.m. arrival in Israel. In the check-in line, an older Israeli couple smiled at Imri and told us their story of getting stuck without a flight. We met them again near the gate, looking for a smoking lounge. As soon as they found it, the woman sent her husband inside and then whispered to me, “He’s driving me crazy. If I don’t get some time away from him, I’m going to get divorced after 42 years.” That particular blend of humor and honesty, immediate closeness and hot-blooded temper -- I’d never met her, but I knew her. As the plane neared Ben Gurion Airport, I heard a woman behind me mutter, “Dear, fascist country.” Her words were pained and loving, like a disappointed mother. When we awoke the next morning, the names of the dead hostages they’d found were made public. It was like reading the news in those first few weeks, checking one outlet after the other to make sure I’d gotten it right. The kind of news you can’t get out of bed from. The kind of news that devastates, nauseates, doesn’t leave you. Shock that they’d survived this whole time, and disbelief that they were shot just before we rescued them. They should have been home. They should have hugged their parents and children and brothers and sisters so long ago. They should have been alive. Before we left for our trip, I’d started entertaining thoughts of relocation, like many people I know. Our liberal friends, many of whom are parents, are all wondering what we’re still doing here, with one war after the other, Jewish extremism on the rise, an economy that may soon fall apart, and a government seemingly more focused on resettling the Gaza Strip than on saving lives. “Why are we here?” I asked my husband Yoav on the night of the Iranian missile attack a few months ago. I had actually gone to sleepknowing there would be missiles a few hours later. We woke up at 2 a.m. to go to our neighbors’ bomb shelter, where Imri pet their dog as we waited for the sirens to cease. Then we walked back to our building and put him back to sleep. “How is this a normal place to raise a child?” At Monday night’s protest, a man held a poster in Hebrew that read, “I no longer recognize my country.” I looked at it for a long time. Here we are, in the place we were so desperate to come back to – feeling crushed, confused, and hopeless since we landed. Dreading tomorrow’s news. But also feeling like we’re home. And so with a tight chest and heavy legs, I drag myself outside with an Israeli flag week after week. To protest, fight, and try to protect everything good that still exists here. And to save the lives we still can. More Must-Reads from TIME
Contact us at [email protected] 'Founder mode' is the latest fault line in Silicon Valley
![]() September has started with some navel-gazing in Silicon Valley as tech operators have been forced to confront an awkward question: are they running their companies the right way? There are a few good reasons this question has surfaced. For one, industry veteran Paul Graham — a cofounder of startup accelerator Y Combinator — published an essay titled "Founder Mode" at the start of the month that either resonated or struck a nerve with leaders. For the uninitiated, Graham has established a reputation in tech circles as a shrewd and erudite thinker. Over the past two decades, he's regularly weighed in on topics that both would-be entrepreneurs and more established leaders often fret over. Essays on generating "superlinear returns" and becoming "ramen profitable" have found viral acclaim among startup founders. So, too, have broader ruminations on being stubborn, the art market, and having kids. Famously, Graham was also an early mentor to Sam Altman. In his latest essay, Graham argues that there are two ways of operating a growing company — "founder mode and manager mode" — with those falling into the latter category at risk of seeing their company being driven into the ground. His rationale is pretty straightforward. Manager mode, he claims, involves a more hands-off approach to operations by delegating tasks to direct reports who are left to figure out details alone. Founder mode, he says, is about doing the exact opposite. Airbnb's cofounder and CEO Brian Chesky , the inspiration behind Graham's essay, sees leaders like Steve Jobs, Elon Musk, Jony Ive, and Hiroki Asai, his global head of marketing, as exemplars of founder mode. Jony Ive and Hiroki Asia from Apple inspired me to adopt founder mode Steve Jobs, Walt Disney, and Elon Musk embody many of the principles — Brian Chesky (@bchesky) September 4, 2024 A slowdown in capital flowing into tech businesses has made leaders more sensitive to Graham's question. Economic uncertainty has pushed them to think hard about their operations. But as a fierce debate has raged through social media in recent days, it's become clear that the tech world is split on what, exactly, is the best way to run a tech company. Founder mode versus manager modeFilip Dames is one tech figure who has found plenty that resonates with him in the founder mode philosophy. Related stories As a founding partner at investment firm Cherry Ventures and part of the founding team of online retail firm Zalando, Dames has seen "efficiency go out the window" for startup leaders who bring in, say, a "super senior sales guy" to solve problems as they grow in size. "They will never be as dedicated, they will never have as much skin in the game," Dames told Business Insider. "For them it's a job, and for you as a founder, it's basically your life." The idea gets to the heart of what the pro-founder mode camp prizes. In a podcast , Airbnb's Chesky argued that founders differ from managers by being the "biological parent" of the company they oversee. "You can love something, but when you're the biological parent of something, like, it came from you, it is you, there's a deep passion and love," he said. Of course, tech leaders do become encumbered with a growing list of responsibilities as their companies grow. Big Tech firms like Meta and Google went on a huge hiring binge during the pandemic to meet the growing demand for digital services, but they have since laid off layers of middle managers. For Dames, growth doesn't necessarily mean companies and founders must switch to manager mode. In his view, many large companies where the CEO is the founder "manage to run things with the founder DNA" by ensuring the full organization works with the same clear "values" in mind. "I think eventually as the company grows the only way to do it is through values," he said. A value-led approach has been key for tech founders who have managed to maintain success at their companies years after they raised their initial round of seed money. Jeff Bezos, for instance, has famously retained Amazon's "Day 1" culture, first established in 1997. Others see a risk in sticking to a single operating mode. According to Hussein Kanji, a founder and partner at venture capital firm Hoxton Ventures, it's easy to end up down the wrong track "if you live just in one mode." "People love making things black and white when the world runs in a lot of different shades of truth," he said. "People have lost their ability to engage with seemingly contradictory ideas at the same time." In his view, the best leaders are the ones who "know when it's time to be binary." It's a view that tallies with Dames, though he sees founder mode leaders having more of an edge during times that call for a shift in approach. "If you have more of the manager mindset and you're used to just calm waters, that makes things really difficult if you're in a fast-change environment and you need adaptability," he said. "The reality just changes." That said, some of the most successful tech companies right now are overseen by leaders who weren't their founders. Satya Nadella at Microsoft is one such leader, as is Dara Khosrowshahi at Uber. It is unclear how Silicon Valley will resolve this debate. In an X post on Tuesday, venture capitalist Chamath Palihapitiya weighed in by dismissing Graham's categories and suggesting instead that there is "first principles management and stupid management." "When your company isn't working, the only solution is to take the time, as laborious as it sounds, to break your business down to its core essentials and rebuild it from the ground up with zero nostalgia or loyalty to people or technology," he wrote. Expect divides on the leadership merits of founders and managers to continue for some time. Axel Springer, Insider Inc.'s parent company, is an investor in Airbnb. Watch: Microsoft CEO unravels ChatGPT, ethical AI, and going bust
Jay Stansfield’s sensational homecoming doesn't hide another Birmingham City gaffeBirmingham City defeated Wigan Athletic 2-1 thanks to goals from Alfie May and Scott Wright as Blues continued their bright start to the season ![]()
![]() Never miss breaking news by signing up to our free email updates We have more newsletters Scott Wright announced himself to his new public by ramming home a debut goal to give Birmingham City their first home win under new manager Chris Davies. The 27-year-old, a deadline day signing from Rangers, produced an emphatic finish to seal a 2-1 victory that had at times been very much up for debate. Blues went in front through the clinical Alfie May, were pegged back by Thelo Aasgaard – more of which later – before Wright crashed home the winner. The result lifts Blues to third in the embryonic table, not that it means much at this stage, other than the fact their results have been where they need to be if Championship status is to be regained at the first time of asking. They have now won three of their first four games and are level with Stockport and Wrexham on ten points. But at this stage of the season it’s as much about performances as results – and here’s what stood out on an enjoyable afternoon at St Andrew’s. READ MORE: Chris Davies issues concerning Ethan Laird fitness update as injuries start to bite Birmingham City READ MORE: Chris Davies drops Jay Stansfield debut hint after deadline day transfer blockbuster Avoidable mistakeLet’s not lose sight of the main thing, Saturday was another good day for Birmingham City. Tony Mowbray returned to the ground for the first time since being forced to take a leave of absence, nothing is more important than someone’s health. Blues paraded huge-money signing Jay Stansfield before kick-off and more than 27,000 watched Chris Davies' side secure a win with an injury time goal from a deadline days signing in front of the Tilton. Saturdays don’t get much better than that. But that’s not to say the afternoon couldn’t have been even better. Blues started fast in the first minute, got sucked into a bit of to and fro, then hit their stride after May gave them the lead. However, they were flat for 25 minutes of the second half, Shaun Maloney’s half-time decision to change Dion Rankine from the left to the right wing and replace James Carragher with Steven Sessegnon paid real dividends and the visitors created several chances. They deserved to equalise but perhaps not in the manner they did as Bailey Peacock-Farrell allowed a pretty tame effort from Aasgaard to slither through his grasp. It was the second time in two games the goalkeeper had gifted a goal to the opposition. Chris Davies excused the first one, away to Leyton Orient when he was caught in possession trying to acquiesce with his manager’s demands and play out from the back. He insisted he’d never criticise a player for trying to do the ‘right thing’. However, this was just a plain gaffe and – as we’ve said let’s not lose sight of the main thing – which for a goalkeeper is keeping the ball out of the net. Peacock-Farrell can't afford many of these Blues won’t always be able to manufacture a late winner and Davies does have a very, very credible Plan B with Ryan Allsop sitting on the bench. ![]() Sky has slashed the price of its Sky Sports, Sky Stream, Sky TV and Netflix bundle in an unbeatable new deal that saves £216 and includes 1,400 live matches across the Premier League, EFL and more. With Ultra HD included at no extra cost, football fans can enjoy the 2024/25 season with crystal clear picture quality. Back for goodThe feeling going into the game was one of excitement. Blues played their deadline day to perfection, indeed their entire transfer window looks on first impressions to have been very, very successful. Amazing how much more straightforward it is when you’ve got engaged owners willing to spend money. Never was that more evident than at 11pm on Friday night when the rumours came to fruition and Blues confirmed Jay Stansfield had returned to the club permanently, on a seven-year contact no less. How much did he cost? Honestly I don’t know. Fulham seemed to have been briefing that they’d got £15million plus £5m in add-ons and a 20 per cent sell-on. Those figures have been denied in conversations at this end – but those conversations never conclude in a different figure, nor indeed any figure at all. Blues stance seems to be: ‘That’s wrong but we’re not telling you what’s right’. Anyway, the maxim says you should never fall in love with a loan player, unless of course they fall in love with you too and Stansfield seems to have done just that. Davies suggested afterwards he had the pick of the Championship but it was his relationship with the club and their supporters that meant it was effectively a one-horse race. The 21-year-old was introduced to the crowd to a fanfare of ‘Stanno’ and flame-throwers as St Andrew’s rose in appreciation. Blues have a quartet of strikers that would be the envy of most Championship teams. May is so much more than an arch-poacher, Lyndon Dykes more than a target man, Lukas Jutkiewicz is probably does what it says on the tin but Stansfield offers real tactical flexibility. It’s easy to see him coming off the left of a 4-2-3-1 or 4-3-3, running behind, going round the back or even being deployed as a No. 10. The options are as mind-boggling as the fee, whatever that was. Bench bounceThis was the third time in four League One matches that Blues substitutes have provided either a goal or an assist and with each occasion Davies’ assertion that players are either starters or finishers, rather than first XI and subs, looks more than mere sugar-coating. Indeed the manager reiterated afterwards that Blues are designed to be strong late in games, the starters tenderising the opposition by making them cover huge distances before fatigue sets in and fresh replacements come on to exploit the space that has emerged. Davies effectively doubled down on that claiming that Wigan were not unlucky to be reduced to ten men when they ran out of substitutes and couldn’t replace the injured Steven Sessegnon, but that they had been played into that position by Blues. Sometimes though it’s just a good old tactical switch that pays dividends and that was certainly how it felt here. May wasn’t having too much joy dropping off to link play that would eventually find him in the box. By contrast Dykes gave the team a focal point, someone to tie up the Wigan centre backs and stop them shadowing May wherever he went. Dykes was only on the pitch for 17 minutes plus added time and he still won more headers than everyone bar Krystian Bielik. It was his presence that created confusion and the string of corners with which Blues eventually won the game. Similarly Marc Leonard, who was superb in midweek against Fulham, came on after an hour and started to dictate proceedings. Remarkably he made 38 passes and completed every single one of them. Taylor Gardner-Hickman made 39 in twice as long with a completion ratio of 80 per cent. That’s not to say Leonard should start ahead of TGH in every game, more than the more physically powerful TGH is better suited to certain situations and the neat orchestrator Leonard others. Oh, then there’s Japan international Tomoki Iwata to throw into the equation. What is Blues' best XI? Have your say here
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Advertisement Supported by Guest Essay Don’t Flip Out Over Election Forecasts![]() By Kristen Soltis Anderson Ms. Anderson, a contributing Opinion writer, is a Republican pollster and a moderator of Opinion’s series of focus groups. We are now past Labor Day and in the homestretch of the 2024 campaign, and a lot of people are asking me and others in political polling and media: Who’s going to win in November ? Is the race Donald Trump’s to lose ? Can Kamala Harris turn her momentum into victory ? With people craving this peek into the future, the spotlight is intensifying on a part of my industry that isn’t especially well understood: election forecasters and their predictive models. This work is somewhat different from the polls that we all know so well, and I want to lay out what matters more about election forecasting, some of the reasons their predictive models can yield such differences (like predicting better chances for Mr. Trump in some models and better chances for Ms. Harris in others) and what I think people should keep in mind about forecasting and models so they don’t drive themselves crazy trying to game out the future over the next nine weeks. First, the difference between polling and forecasting (and predictive models) boils down to this: Polls give you a snapshot of voter opinion at a particular moment. By contrast, election forecasters try to look ahead and assess the likelihood of a particular outcome. Forecasters draw on those polls as they build a predictive model, into which they continually feed more polls and make adjustments (more on that below) to compute the chances of a given candidate winning. So while a poll might say that Ms. Harris is ahead of Mr. Trump by two percentage points in a given state — e.g., 49 percent to 47 percent — a predictive model might say that she won the presidency in 53 out of every 100 times that the model was run. Some forecasters’ models think Mr. Trump is favored slightly, some think Ms. Harris is favored slightly, and some think of the current race as a true coin flip for either candidate. (On election night, my Times colleague Nate Cohn gets into the short-term forecasting game with the Needle .) Just as I find polling to be often misunderstood, election forecasting is even more complicated, making it even more likely that the results of a forecast will be badly misinterpreted . There are considerable debates about what election forecasters should take into account. Think of an election model like a recipe for chocolate chip cookies. The goal is the same: produce the most accurate forecast of how an election will go (or produce the best chocolate chip cookie). But how you get there can vary significantly; New York Times Cooking has an editors’ collection of 16 chocolate chip cookie recipes, some requiring sea salt and one with coconut sugar . In election forecasts, there’s the main ingredient, of course: polls. Some forecasters believe that an election model should be driven entirely by the results of public opinion polls, arguing that such polls are the only real window into how voters might behave and votes are the only metric that matters in the end. Some models might give more weight to polls with a track record of accuracy or polls conducted more recently. For instance, the Quinnipiac poll that my husband took last week has more weight in Nate Silver’s model than this more dated poll from Morning Consult but less weight than this fresh poll from Suffolk University. We are having trouble retrieving the article content. Please enable JavaScript in your browser settings. Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times. Thank you for your patience while we verify access. Already a subscriber? Log in . Want all of The Times? Subscribe . ![]() |
COMMENTS
Mediation Between Mediation And Mediation Essay. Mediation refers to a form of alternative dispute resolution (ADR) in which the parties in a dispute meet with a neutral third-party in an effort to settle a case or reach an agreement over a dispute. The parties must recognize that the mediator is neutral and not on either parties side.
What if there was a way to settle disputes faster, confidentially, for less money, and with the potential to better preserve relationships between the parties? Enter mediation, a form of alternative dispute resolution where participants in a conflict sit down — with a third-party intermediary — and hash out possible solutions.
What does improv tell us about the mediation process and alternative dispute resolution (ADR) in general? Keep reading to find out.
9 essay samples found. Mediation is a conflict-resolution process in which a neutral third party assists disputing parties in finding a mutually satisfactory solution. Essays on mediation might explore various mediation techniques, the roles and skills of a mediator, or the advantages and limitations of mediation in resolving disputes.
Mediation is a process in which a third-party neutral assists in resolving a dispute between two or more other parties. It is a non-adversarial approach to conflict resolution. The role of the mediator is to facilitate communication between the parties, assist them in focusing on the real issues of the dispute, and generate options that meet ...
Stages of Mediation. Most mediations proceed as follows: Stage 1: Mediator's opening statement. After the disputants are seated at a table, the mediator introduces everyone, explains the goals and rules of the mediation, and encourages each side to work cooperatively toward a settlement. Stage 2: Disputants' opening statements.
Essays on Mediation. : Ian Macduff. Kluwer Law International B.V., Sep 16, 2016 - Law - 314 pages. Across a range of jurisdictions, in differing legal systems, mediation is achieving evergreater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is becoming mainstream and orthodox.
Formerly Associate Professor & Director of the Dispute Resolution Initiative, School of Law, Singapore Management University. He has been a practising mediator for over thirty years, in commercial, environmental, policy, intercultural, family, online mediation and other fields.
While the advantages of mediation are generally well advertised, insights into how the process works can serve as an important element in its promotion.
This volume brings together some of the most significant papers on international conflict mediation by Professor Jacob Bercovitch, one of the leading scholars in the field. It has become common practice to note that mediation has been, and remains, one of the most important structures of dealing with and resolving social conflicts.
The document discusses the benefits of mediation as an alternative dispute resolution mechanism compared to traditional litigation. It begins by outlining some of the drawbacks of traditional litigation approaches, including procedural delays, increasing caseloads, and lack of party control. It then defines mediation as a voluntary process ...
By Brad Spangler October 2003 Updated in 2013 General Basis and Background of Transformative Mediation Additional insights into transformative mediation are offered by Beyond Intractability project participants. In their 2004 publication, The Promise of Mediation, Robert A. Baruch Bush and Joseph Folger explicitly outlined a framework for the practice of transformative mediation.
PDF | On Jan 1, 2011, Roberto M. Rodriguez published Essays in Mediation and Arbitration | Find, read and cite all the research you need on ResearchGate
Realising the potential of mediation for speedy and cost-effective dispute resolution, an amendment to the Commercial Courts Act, 2015, was made in 2018, introducing Section 12-A, which mandatorily requires the parties to attempt to mediate their disputes before initiating judicial proceedings[7].
Essays on Mediation explores the practical uses of mediation and contemplates the power of both the oldest and the newest form of dispute resolution. Across a range of jurisdictions, in differing legal systems, mediation is achieving ever greater institutional and statutory force, and what not long ago was a marginal technique for dispute resolution is now becoming mainstream and orthodox ...
Mediation Disputes. Before looking at the possible ways of avoiding or managing interorgani-zational disputes in African mediation, it is necessary to first provide a sketch of the significant disputes that have occurred over the past fifteen years and to identify the main patterns among these cases. Zimbabwe.
View our collection of mediation essays. Find inspiration for topics, titles, outlines, & craft impactful mediation papers. Read our mediation papers today!
Besides, mediation is also more cost saving than litigation. The charge for mediation service is lower as the time consumed for the settlement of dispute is shorter. The time-dragging trial in an ordinary court consumed a lot of lawyer charge. Moreover, some of the mediation services provided are free of charge, particularly those provided by ...
This essay examines the mediation process from the perspective of a mediation practitioner. It considers the approaches to mediation, advantages and disadvantages and the various stages involved in the process. It describes how a mediation process was dealt with in a private inter-company dispute the author is familiar with.
Advantages of Mediation. Mediation is more time saving than litigation. It is a quick process involves the coming into a mutually acceptable agreement to settle the dispute by both sides of the parties. The mediator, who act as the middleman of the disputed parties helps the parties to reflect the benefit concerned by the parties to each other ...
Reflective Essay On Mediation. 1566 Words7 Pages. Mediation is a form of alternative dispute resolution in which a neutral third party helps disputants resolve a conflict (Bishop, p. 64). The employee/supervisor mediation was my first experience role-playing as a mediator in a dispute. I enjoyed the experience and recognized how significant the ...
This essay competition is your gateway to share your unique perspectives on Mediation with YCM. Theme. The topics for Students are: Topic 1: Where have you seen mediation in movies, or TV series, and analyze the principles. Topic 2: How you would see Mediation as a tool to resolve conflicts in everyday life; The topics for Professionals are:
Mediation recently has become more common as one of dispute resolution process especially for disputes which have relations to divorce matter, child custody or even for child visitation especially for its privacy and confidentiality. Mediation is an extension of the negotiation process and shares some similarity with conciliation process.
In a personal essay, Danya Kaufmann writes about the grief she feels over the six hostages who were killed and staying in Israel even as she questions that decision.
Silicon Valley is split over the best way to run a company. An essay called "Founder Mode," inspired by Airbnb's Brian Chesky, says leaders need to be more hands-on. While many leaders agree, some ...
Allan Zhang, the attorney representing the township, has called the lawsuit "frivolous" in court papers. ... Edison sued by landlords of more than 8,000 apartments over town's new housing ordinance.
Nearby residents expressed their shock at hearing the news. Julie March, 38, said: "It's tragic; we can't even comprehend how it happened. "And it's just on our doorstep."
Birmingham City defeated Wigan Athletic 2-1 thanks to goals from Alfie May and Scott Wright as Blues continued their bright start to the season
Guest Essay. Don't Flip Out Over Election Forecasts. Sept. 3, 2024. Credit... Illustration by The New York Times. Photograph by Getty Images. Share full article. 376. By Kristen Soltis Anderson.