Skip to main content
Daniel Shure Simon

Daniel Simon’s Legal Guides

26 total

  • Good Mediation Means the Clients Are in Control

    In this blog entry from the Institute for the Study of Conflict Transformation, you can read about a mediation where the mediator gave up control. Business Mediation Gone Right Many business mediation

    Read more 

  • For Litigated Cases, Transformative Mediation is the Best Choice

    Transformative mediation allows for a direct conversation including the parties and the lawyers. Direct, clear, non-pressured conversation is what's most needed to make progress in a litigated case.

    Read more 

  • A Transformative Interpretation of a Personal Conflict

    In my latest blog post, I apply transformative theory to a conflict I recently had with a friend. (I described that conflict in my previous post).How you look at a conflict depends on what theory of conflict you subscribe to. Interest Theory assumes that conflict is about competi...

    Read more 

  • Maybe It's not about the Money!

    When people are involved in a lawsuit, they often say, "it's not about the money." Lawyers often dismiss that sort of comment and assume that it really is about the money. Or sometimes they give their clients the bad news that the legal system usually can only help with money, so...

    Read more 

  • Autonomy? Mediation CAN Provide it

    Too often, mediators try to get parties to do stuff. Many mediators, who haven't had a sufficient mindset shift from the practice of law, don't grasp the importance of the parties genuinely being in control of the process. So mediation often does not live up to its potential. The...

    Read more 

  • What happens when a transformative mediator teams up with a prolem-solving mediator?

    In my lastest blog entry, available here,I tell the story of a recent mediation I did with a co-mediator. It's often challenging for mediators to work together, especially if they're operating from different philosophies. The transformative philosophy places the highest value on ...

    Read more 

  • Can You Mediate with Evil?

    My latest blog entry, available here,explores a few questions raised by a recent training participant. The questions have to do with how the transformative theory of conflict deals with the possibility of clients that are so evil, we might not want to consider them human. The bot...

    Read more 

  • Mom Agrees to Move to Dad's Neighborhood

    My latest blog entry, which you can read here,tells the story of a parenting mediation that had a surprise ending. The story illustrates why it's helpful for mediators to abstain from guessing what direction the conversation might go. It's challenging, because mediators often get...

    Read more 

  • The Way Conflict Works

    There are a variety of ways to look at conflict. The legal perspective sees conflict as a question of rights. Other professionals, such as many mediators, see conflict as a problem that needs to be solved. I prefer a third way of looking at conflict, the transformative perspectiv...

    Read more 

  • Community Mediation Center Succeeds Through the Transformative Model

    The Dayton Mediation Center has been very successful. Its coordinator, Michelle Zaremba, says the transformative approach is a big part of why they're successful. This blog post also includes vdieo of Michelle's presentation to the Dayton City Commission. The Commissioners unanim...

    Read more