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Dan Simon, M.A., J.D.

Dan Simon's Blog

Purpose Drives Practice in Transformative Mediation

August 18th, 2015

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 people are feeling like the other person needs to know…

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The Potential of Transformative Mediation

April 6th, 2015

In the below video, here’s what I say about the potential of transformative mediation:

When we hear somebody saying. . . calling the other person a “filthy, dirty, rotten, bad person,” we’re right there supporting the conversation by saying, “Ah, so you’re saying that this other person is a filthy, rotten, bad person”. We believe in this model that just simply by reflecting what the…

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The Transformative View of Conflict

April 6th, 2015

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 side as threatening. So there’s the vicious cycle of both sides…

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What’s Wrong with Traditional Mediation?

March 31st, 2015

Most mediators simply haven’t thought about or studied the question of what is most helpful to people in conflict. Instead, they apply their lawyering skills against both parties. As lawyers, they learned to threaten the other side with what a judge will do and offer the other side the opportunity to do something slightly less painful. As mediators, they do that to both parties…

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The Transformative Approach to Mediation vs. the Mainstream Approach

March 3rd, 2015

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 is the interest based or problem solving approach [also known…

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Old-School Mediation Techniques

October 22nd, 2014

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 who practice litigation and from the mediators I’ve talked to, the…

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