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.

“Given that mediation is intended to take place in a manner which respects confidentiality, Member States shall ensure that, unless the parties agree otherwise, neither mediators nor those involved in the administration of the mediation process shall be compelled to give evidence in civil and commercial judicial proceedings or arbitration regarding information arising out of or in connection with a mediation process, except:

(a) where this is necessary for overriding considerations of public policy of the Member State concerned, in particular when required to ensure the protection of the best interests of children or to prevent harm to the physical or psychological integrity of a person; or

(b) where disclosure of the content of the agreement resulting from mediation is necessary in order to implement or enforce that agreement.”

3) Reception at the Harvard Faculty Club

What an amazing environment to connect with my amazing mediator colleagues. Fun & Inspiration unlimited.

Image: with Professor Alain Lempereur at the Faculty Club