The issue of empathy in mediation isn’t quite as facetious as the title of this article might suggest. It is, in fact, a very real and very difficult issue for lawyers, parties and mediators.
Most people tend to think about mediation, and mediators, as falling into one of two categories: facilitative or evaluative. Facilitative mediators are thought to be more “touchy-feely,” more in touch with the emotions of the parties and more focused ...
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