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All articles by Jeffrey Krivis
13 articles found
Where Have All The Idealists Gone? Long Time Passing, Part X
By Jeffrey Krivis - May 6, 2015
Recognizing the importance that adapting the process so that the marketplace continues to appreciate and use it, there are a number of trends that will impact the future of mediation in the court system:
Where Have All The Idealists Gone? Long Time Passing, Part IX
By Jeffrey Krivis - April 16, 2015
The use of improvisational music and artistry is what unconsciously drew me in to the field in the first place, and has kept my gears going and gives me inspiration for the future. When I hear educators try and “teach” the methods of mediation, I can’t help but think that they are missing the link between theory and reality.
Where Have All The Idealists Gone? Long Time Passing, Part VIII
By Jeffrey Krivis - April 13, 2015
I grew up in the 1960s and 70s where music and art were transforming the world with strong inflections of missionary zeal for disruption and harmony. While it is not completely accurate to compare the work of mediators to musicians, understanding the parallel structures about listening and teamwork help enlighten our future.
Where Have All The Idealists Gone? Long Time Passing, Part VII
By Jeffrey Krivis - April 9, 2015
In order to help the parties reach their goals, sometimes the most effective and transparent exchange of information occurs early on and privately, before the parties ever have a chance to meet each other in a joint session. If that works, why not use it? If it doesn’t work, mediators always have other tools to use, including various hybrid forms of joint meetings to call upon.
Where Have All The Idealists Gone? Long Time Passing, Part VI
By Jeffrey Krivis - April 8, 2015
The idealists in the mediation movement have struggled to maintain the vision of the forefathers and foremothers who discovered the process. This has led to a complicated but critical discussion about which parts of the process are working and which are not. The central focus of the process that has been under scrutiny is whether or not to conduct a joint session, a key communication piece of the process.
Where Have All The Idealists Gone? Long Time Passing, Part V
By Jeffrey Krivis - April 6, 2015
Like any new service or product, people started to alter the process of mediation in the adversarial system to meet their objectives. Litigators needed to find out quickly if appropriate resources (money) were available for their case. In order to learn if the process of mediation would be fruitful, litigators encouraged the mediators to bypass the basic essence of what drew the idealists to the field in the first place, self-determination and em
Where Have All The Idealists Gone? Long Time Passing, Part IV
By Jeffrey Krivis - April 3, 2015
A major shift took place when lawyers grafted the mediation process onto adversarial litigation, where the focal point of the dispute was highly competitive zero sum games. Courts throughout the U.S., Canada and the U.K. encouraged and even mandated the use of mediation to help streamline caseloads. The process became wildly successful and has been utilized in the same fashion as other improvements to the civil justice system such as depositions,
Where Have All The Idealists Gone? Long Time Passing, Part III
By Jeffrey Krivis - April 2, 2015
To appreciate any new movement it is helpful to understand the motivation of the early idealists who planted the first seeds. Many were disillusioned lawyers, often referring to themselves as “recovering attorneys.” Others were devout supporters of the civil justice system (judges, professors, trial lawyers) dedicated to its ongoing improvement.
Where Have All The Idealists Gone? Long Time Passing, Part II
By Jeffrey Krivis - April 1, 2015
Over the years, a common theme heard among litigators after a grueling case where one side loses is that there must be a better way to manage disputes. In the mid -1970s, legal scholars from around the nation came together to review ways to make the legal process more user-friendly and accessible. They concluded, among other things, that a multi-door courthouse with processes that were designed to fit the forum to the dispute might be worth consi
Where Have All The Idealists Gone? Long Time Passing, Part I
By Jeffrey Krivis - March 31, 2015
A recent discussion among a seasoned group of neutrals about the struggles of the professional mediator caught my eye. Some complained that the trend in litigated cases was to reduce the value of the mediator to a commodity, due to the constraints put on them by the litigants who were not process oriented.
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