The legal community has learned to accept low-functioning mediation

mediator blah…blah…: I have had a draft post sitting on my laptop for nearly 6 months now but I haven’t posted it. I’m not ready to lose half my readers yet.

The working title is something like ‘lazy mediators don’t do joint sessions’ or ‘lazy mediators only meet in private’. I couldn’t decide which one would offend least.

And it includes such pearls as ‘joint is where we do our brain surgery - anyone can be a high-priced bellhop between rooms’.

I mean, it’s not as if I haven’t posted gently on this topic before; see In Praise of Joint Sessions.

At one stage, I even tentatively put forward a ‘third mediation space’ theory - a space with its own behaviours and protocols, in addition to joint and private spaces; see the Third Space (1) (2) (3).

‘… Corridors can be furtive and risky spaces on mediation days – ‘don’t ask me to cross the centre…


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