Round One – Triage
Mediations are often compared to a dance that must take its course. THMs are more like directed exercise with the mediator as drill sergeant. In THMs, there is less give-and-take, less getting to know one another, less tell me how you feel. This may be butting against a party’s needs but that's why successful THMs require a mediator’s well choreographed and precise approach.
In the first half of the THM, the mediator will need to perform a sort of triage - a quick assessment of the facts, personalities, litigation stage, and bargaining history before making a surgical move on the obstructions that are blocking the flow to mutual accord. Bargaining should start as soon as practical but at least by the beginning of the second half of the THM.
... from an upcoming article by David Geffen
Mediations are often compared to a dance that must take its course. THMs are more like directed exercise with the mediator as drill sergeant. In THMs, there is less give-and-take, less getting to know one another, less tell me how you feel. This may be butting against a party’s needs but that's why successful THMs require a mediator’s well choreographed and precise approach.
In the first half of the THM, the mediator will need to perform a sort of triage - a quick assessment of the facts, personalities, litigation stage, and bargaining history before making a surgical move on the obstructions that are blocking the flow to mutual accord. Bargaining should start as soon as practical but at least by the beginning of the second half of the THM.
... from an upcoming article by David Geffen
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