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The History of Modern Mediation –Part 2
1976: the Pound Conference – when the legal system finally started looking for answers In 1906, Roscoe Pound articulated the problem. But over the next seventy years, the legal system offered no answer. Not because it failed to understand the issue but probably because it was not ready to change. After 1906, litigation remained the dominant form of dispute resolution and the law continued refining its own procedures. Yet courts did not become faster and conflicts did not beco
Dora Zielske
7 days ago2 min read


The History of Modern Mediation – Part 1
Roscoe Pound (1906): when the law first began to question itself In 1906, an American legal scholar took the stage at the annual meeting of the American Bar Association and did something highly unusual for the time: he publicly questioned how the law itself was functioning. Roscoe Pound was a jurist and legal philosopher, later Dean of Harvard Law School. He did not launch a reform movement. He did not propose solutions. He delivered a diagnosis. The title of his speech was g
Dora Zielske
7 days ago2 min read


Finally Saturday and…
Reflecting back on 2025, I realize how often this year a top manager reached out to me on a Saturday with an urgent mediation issue weighing on the mind and heart. 😳 What is it about Saturdays? 💁♀️Here comes my assumption: Saturday is the first moment in the week when people finally have enough peace of mind and distance to reflect on what’s going on. The noise of the week settles -while drinking coffee or during jogging- and the realization comes with it that something is
Dora Zielske
7 days ago2 min read


Day 5 - Final Key Takeaways of Harvard Mediation Intensive
1) Ethics in Mediation With Professor David Hoffman we discussed all angles a Mediator must consider when it comes to ethics. There are clear guidences but the critical part is the grey zone. The specific case. What do we need to consider and what questions we need to ask ourselves and the Parties to make the best clear and transparent decisions. 2) Farewell The final day ran from 8:00 am, packed with complex case studies, minimal breaks, and maximum focus. We all felt it: th
Dora Zielske
7 days ago1 min read


Day 4 takeaway - Harvard Mediation Intensive
1) how to handle the Mediator’s biases Yes, we are humans too but we must be highly aware of what is going on inside us and be equiped to act impartial. The trick for me is curiosity. Stay curios to understand anyone’s point of view 3) The barriers of confidentiality Case studies that brought us to the edge. EU Directive 2008/52/EC, Article 7(1) makes clear statements, yet even in a role-play we experienced how difficult it is to spot and handle when such event kicks in. “Giv
Dora Zielske
7 days ago1 min read


Day 3 Takeaway – Harvard Mediation Intensive
Professor Bob Mnookin - non-caucus and lawyers in the room 1. Professor Bob Mnookin – the brilliant, funny, truly magical wizard of mediation. Seeing him mediate live is an experience: vast knowledge, sharp mind, humour, deep humanity all at once. 2. Bob is a non-caucus (no individual session) mediator and demonstrated in today’s role play how powerful joint sessions can be when handled with clarity and courage. I was genuinely amazed how many US colleagues (mostly lawyers)
Dora Zielske
7 days ago1 min read


Day 2 Takeaway – Harvard Mediation Intensive
A few reflections that truly resonated with me on day two. 1. Preventative mediation Integrate mediation clauses into the contracts and start mediation before dynamics harden and problems escalate. Prevention is always cheaper, faster, and more humane than repair. 2. Mediators are providers of subjective value We work on two axes: x —) objective value and y —) relational value. On the 45 degree axis lies the subjective value, i.e the space where trust, understanding, and alig
Dora Zielske
7 days ago1 min read


First Day Takeaways from Harvard Mediation Intensive Program
What an incredible start. 1. Outstanding faculty:Learning directly from Alain Lempereur and Audrey Lee is a privilege. Their clarity, depth and human-centered approach set the tone for an extraordinary week. 2. A global team:Although most participants come from across the US, our group also includes colleagues from Brazil, New Zealand and Europe. The diversity of perspectives makes every discussion richer and more grounded in real-world practice. 3. Sitting on the other side:
Dora Zielske
7 days ago1 min read


Effective B2B Mediation Strategies for Corporate Leaders
In the complex world of business-to-business (B2B) interactions, conflicts are inevitable. Whether they arise from contractual disagreements, service delivery issues, or communication breakdowns, how corporate leaders handle these disputes can significantly impact their organizations. Effective mediation strategies not only resolve conflicts but also strengthen relationships and foster collaboration. This blog post explores practical mediation strategies that corporate leader
Dora Zielske
Aug 194 min read
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