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Daniel Shure Simon

Daniel Simon’s Legal Guides

26 total

  • Carl Rogers, the First Transformative Mediator?

    The founder of humanistic psychology, Carl Rogers, believed that empathy, genuineness, and unconditional positive regard were necessary and sufficient to effectuate positive change in his clients. It was not necessary, and probably not even helpful, as he saw it, for the therapis...

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  • Does Mediation Threaten Social Justice? Bush and Folger Weigh In

    Does mediation lead to resolution at the expense of justice? Robert A. Baruch Bush and Joseph P. Folger address this controversial question in a recent article. Here's an excerpt: Since the earliest days of the modern mediation field in the 1970s, there has been a continuous deba...

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  • Magical Mediation Moments Aren't Really Magic!

    Guest blogger, Arnold Zeman, explains that those moments, when clients suddenly get to a better place with their conflict, are the result of clear strategies by the mediator. When clients have changes of heart, where they become more able to talk constructively, to make clear dec...

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  • Myths about Transformative Mediation Dispelled!

    See my latest blog entry, in which guest bloggers, Vicki and Dusty Rhoades, describe the impact transformative mediation has had in Maryland. They also confront they myths that transformative mediation seeks to transform people, that it leads to fewer settlements, and that it tak...

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  • When a conflict is about money, transformative mediation is what helps.

    In my latest blog entry, I describe a conversation I have frequently with litigators. Litigators are accustomed to an approach to mediation that sometimes leads to settlements, but very often leaves the clients with a bad taste in their mouth. The tradition of using shuttle diplo...

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  • Transformative Dialogue Reaches Africa!

    Some of the same principles that I've been using to support conflict transformation in divorces and all types of litigation are now being applied to ethnic conflict in Africa. In both transformative dialogue and transformative mediation, maximum control is left in the hands of th...

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  • Judge Praises Transformative Mediation

    The courts impact families with coercion and the threat of coercion. In this blog entry, read about a Judge who thinks transformative mediation might be the antidote. Judge Bruce Peterson of Minneapolis wrote an editorial in which he suggested that it's time to get the courts out...

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  • "It's Changed Who I Am." Transformative Mediators Speak About Their Work

    In the blog post linked here,I describe emails I've exchanged with transformative mediators from Europe and the USA. This is Part 1 of 3. In this post I share what they said about how their work has affected them personally. In the next 2 parts, I'll share what they say has been ...

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  • Transformative Mediation MORE Likely to Lead to Settlements?

    In my latest blog post, I report what transformative mediators from the USA and Europe have said to me about what surprises them most about their work. They list a few things, including the same or higher settlement rates, less time spent in mediation sessions, lasting effects th...

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  • The Calm and Inspired Mediator

    My latest blog entrytalks about how mediators from Europe and the USA feel when they use the transformative approach. It turns out the feel calmer yet more inspired. They're calmed by their awareness that the parties are the ones who need to make any changes that are going to hap...

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