Archive for November 2012
Catharsis in Mediation
The other day I was mediating and one of the parties was stuck in a position, so stuck and so angry that after a bit she started to cry. Now, some mediators might pull that person aside and let her know that the mediation might end if she could not get herself under control. Other…
Read MoreOne Divorce Lawyer or Divorce Attorney in Mediation
Having a single attorney representing one party in mediation with the other party unrepresented by an attorney (called a “Pro Se” party) can be problematic because of the so-called power imbalance. This imbalance is brought about by the attorney’s knowledge of the law or greater ability to advocate or articulate the represented party’s position and…
Read MoreHow Churches Decline
Clayton Christensen argues in The Innovator’s DNA that businesses decline because in the early stages of a business there are many innovators but as the business gets established the innovators are replaced by managers and the innovators essentially go away. As innovators leave, so does creativity. Without creativity and innovation businesses cannot respond to changing times…
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